Separation Advice: Common law spouses are covered by spousal incompetence rules

Section 4 of the Canada Evidence Act provides that the spouse of the accused is not a competent witness for the Crown.   Until recently, this provision and related common law protections for the accused’s spouse have been used to grant protection only to married spouses.  In R v Hall the constitutionality of excluding common law […]

When Divorce is the Only Option: Divorce forms and legal processes in Ontario

When couple’s therapy sessions or trial separation fails to rekindle a marriage, divorce may be the appropriate solution to marital conflict. If this is the outcome, it is likely that both partners will spend a great deal of time and energy processing not only emotions but also divorce forms and applications to initiate the process. […]

Understanding the difference between Divorce and Separation in Ontario

Knowing a relationship must come to an end for the well-being of either partner or a family, is overwhelming.  A marriage is predicated on a perceived level of permanency; the ending of which has inherent ramifications on partners and family life. While legal separation and legal divorce sound similar, it is important to understand that […]

Children’s Educational Language a New Consideration During Marriage Separation

Children’s language of education should be taken into account when determining their best interests in the context of a Family Law action In Perron v Perron, at issue was what importance should be given to the language children are schooled in when determining custody. In this case, the mother was English speaking and the father […]

How a Severance Package Was Handled in an Ontario Divorce

A Severance Package is only Property in Family Law matters when it has Crystallized  The definition of property under s. 4(1) of the Family Law Act states that property means any interest, present or future, vested or contingent in real or personal property.  This definition does not distinguish between property at the date of marriage […]