Are marriage contracts subject to a limitation period? In a recent case, the Ontario Court of Appeal (OCA) grappled with this very question. In the end, the father’s request to set aside the marriage contract was allowed, but the OCA was divided on whether all proceedings under the Family Law Act (FLA) that seek to …
Read MoreWhen purchasing property jointly, title matters! Have a read through my latest Advocate Daily interview on the subject. https://www.advocatedaily.com/jennifer-samara-shuber-formalize-joint-property-purchases-to-avoid-future-conflict.html
Read MoreWhat are people thinking and saying about marriage and common law? Have a read: https://www.advocatedaily.com/jennifer-samara-shuber-survey-shows-people-not-fully-aware-of-legal-implications-of-marriage.html
Read MorePart Two of my article on what estate and trust practitioners should know about family law. http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-2-1.html
Read MoreHave a look at the first part of my article on what estate lawyers should know about family law: http://www.advocatedaily.com/jennifer-samara-shuber-family-law-tips-for-estate-and-trust-practitioners-part-1-1.html
Read MoreThere are many issues to consider when deciding whether to marry or move in with a partner. One of them is whether or not you want or need a domestic contract. The following are some thoughts on these kinds of contracts to assist you in your decision. Many people are afraid of marriage contracts or …
Read MoreGriffith v Davidson, a recent Ontario Superior Court of Justice decision, has confirmed that placing a property in joint tenancy means sharing the property equally on relationship breakdown. The question before the court (on appeal from an arbitration) was whether the common law wife held the property on resulting trust for the common law husband, …
Read MoreIn Ontario, marriages are deemed to be a form of economic partnership. As such, at the end of the marriage, under Ontario law, the spouses have a right to share in the wealth generated during the marriage. This is accomplished by a process called equalization under the Family Law Act (“FLA”). Equalization is a …
Read MoreI just read an excellent paper on retirement and its impact on the payment of spousal support which I thought might be of interest to my readers. The paper is entitled “Can a Support Payor Ever Retire?” by Jodi R Fleishman. I would be happy to provide you with a copy of the paper – …
Read MoreA domestic contract, such as a marriage contract, is simply a way for parties to get what they want rather than what the law might dictate. Free choice and self direction are good things, in my opinion. But the person who proposes such a contract is criticized for wishing the end of the relationship before …
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