Having some trouble disclosing prenuptial agreement to your partner? Learn more about the best ways to do it without compromising your relationship.
Read MoreAre 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 MoreCan parties really rely on contracts they sign with respect to spousal support? In a recent case, an Ontario court considered a wife’s request to set aside a marriage contract she and her husband had signed approximately nine years before they separated. The Background The parties signed a marriage contract in May 2007, one day …
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 MoreCouples might be hesitant about entering marriage contracts out of fear that a contract pre-supposes the demise of a relationship. I prefer to look at marriage contracts as a way of getting your financial house in order before you begin a new phase of life. Domestic contracts are akin to a life insurance policy or …
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 MoreI was watching a rerun of “Modern Family” the other night. In the episode, Phil learns a neighbour’s wife has left him. Phil tells the viewer that he hopes it is due to an affair or drugs and alcohol, because those he can protect against. Unfortunately for Phil, the neighbour tells him that he has …
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