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 MoreIn a recent case, an Ontario court expressed its concern about the manner in which two parties had engaged in a protracted 9-day trial to determine their property issues. What happens when, as the court stated, the process “has taken over, to the detriment of both parties”? The Background The parties were married for four …
Read MoreAny property used by married spouses at the date of separation as a family home is a “matrimonial home” under the Family Law Act. A matrimonial home is special and treated differently than any other property belonging to married spouses. The definition of a matrimonial home is set out in section 18 of the Family …
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 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 MoreIt is 7:30 am on the morning of the third day of trial. Yes, I slept in today. Worked late and couldn’t move when the alarm went off at 6:00. But still had trial dreams. Yuck. Yesterday was a good day. The other side didn’t seem to score any points in cross of our client. …
Read MoreHow do you get to Carnegie Hall? Practice, practice, practice. How do you get to trial? Prepare, prepare, prepare. I am a week away from a family law trial. I am busy preparing: compiling briefs of all of the material that has to be served and filed, culling all of the documents I want to …
Read MoreBuying property is expensive. Nowadays, many first time buyers are assisted by the kind contribution of parents or in-laws. If someone in your family is generous enough to provide you with funds, make it clear whether these monies are a gift or a loan. It can make a difference down the line if the marriage …
Read MoreMatrimonial Home and What that means for you Your home. It is likely your most valuable and valued asset. But were you aware that your home may qualify for special treatment under Ontario law? A matrimonial home is defined by the Family Law Act as every property in which a person has an interest which is …
Read MoreFamily Law and How it Pertains to Everyone I see lots of unhappy people in my office. Many are first time clients. Clients who have come to meet with me to learn about how the law will impact them. People who have either separated or are considering separation, and want to know their rights. These …
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