Divorce & Separation
10 Things Not to Do When Getting a Divorce
There are some things that you simply shouldn’t do when you get a divorce. Some of the items on this list are common sense; some might be a bit less
December 13, 2016
There are some things that you simply shouldn’t do when you get a divorce. Some of the items on this list are common sense; some might be a bit less
If someone is considering divorce, it is important to fully understand the different situations and terms that are involved. One question that comes up often is whether or not there
A common question for someone who is involved in or considering divorce in Ontario is how long the process will take. Unfortunately, there is no clear cut answer – no
Taking the time to clearly define the plans for your estate is an important step for making sure that your assets pass on to your loved ones exactly according to
Following a separation or divorce, it may happen that the parents decide to transfer custody of their child or children. There could be many reasons for why the parents agree
If you have decided to start up a business, you’ll need to ensure that your operations are legal. There is a lot of information to learn before starting up, which
Buying or selling a home is a major transaction. For many people, it may very well be the most important purchase or sale that they make in their entire life.
Holiday planning should never be left to the last minute. Fixed access schedules, which are commonly used in family law, can be quite contentious and unexpected problems can arise, particularly
What is the Principle-Residence Exemption? The Principle-Residence Exemption (PRE) has long been used by Canadians to avoid paying tax on capital gains arising from the sale of a primary residence.
In the recent Divisional Court decision, Dean v. Dean 2016 ONSC 4298, Justice Hoskins reiterated the first-family-first principle, which stands for the idea that obligation to the first family takes
Collaborative Family Law is an approach where both parties work together through a resolution process along with their legal representatives. This can often be preferable to slugging out all the
In some cases, partners have entered into business with one another before differences have caused them to seek a way to end their personal relationship or marriage. When this happens,
Following the breakup of a marriage or relationship, the party with more income or assets may be required to provide financial support for the other. The amount of spousal support
Parents of a child in Ontario must provide child support payments, regardless of whether or not they were married. There are a variety of ways that the level of support can
It is a common law rule in Ontario that an estate trustee has a year following the date of death to finalize an estate. During the first twelve months, the
It is a common law rule in Ontario that an estate executor (formally known as the “estate trustee”) has a year following the date of death to wind up an
The rise of technology has increased the number of ways that evidence can be gathered to suggest someone’s state of mind or intentions in the years, months and weeks leading
Last week we discussed the forfeitures that you surrender by not leaving a Will. Today we will discuss the SLRA and laws of intestacy that govern your estate in the
Nobody likes to think about their own mortality, but failing to make a Will can cause significant problems and expenses for your estate and loved ones if you were to
Amidst the decisions that need to be made before and during a divorce, one potentially perplexing question is about who gets the family pet. It is common that both separating
The federal and provincial governments heavily regulate investments, pensions and RRSPs. The division of these assets during separation can be very challenging as the parties do not want to engage
Deciding to incorporate your business gives you a variety of advantages. With the help of a legal professional the process is very straight-forward and will be a great help for
Parties in a divorce often go to great lengths to ensure they are treated fairly when dividing assets. The New York Post recently reported that Gabriel Villa took it one step
In many divorce cases, it is clear to both parties what is coming. Sometimes, however, it blindsides a party and leaves the other side unprepared. If you sense that you
According to Canadian Lawyer Magazine, the national average cost in legal fees for a five day family law trial is approximately $35,950. While complex legal issues may sometimes require a
Today we will be discussing previous cases where grandparents were granted access to their grandchildren as well as situations where grandparents were deemed a factor in custody and access applications.
As our society ages, we are living longer and healthier lives. We constantly see increasing applications from grandparents for custodial rights or access applications to have legally defined roles in
Did your former spouse purchase your matrimonial home prior to your marriage? A recent Court of Appeal decision reinforces the family law Rule regarding debts incurred to secure or improve
Whether you are deciding how your assets will be distributed after you pass on or are helping a loved one make their decisions, you want to ensure that the careful
In the aftermath of the death of a family member, friend or colleague, you may be entitled to a portion of their belongings or estate. Unfortunately, depending on how precise
Are you or your former spouse attempting to vary a child support order? Are you trying to claim or dispute overpayments in child support? If so, a recent Court of
It shouldn’t be a surprise that getting involved in a divorce, separation or other legal matter can quickly become an expensive issue, especially when there is a lot of disagreement
You’ve just found out that a close friend or family member is getting a divorce. Naturally, you want to help out any way you can – perhaps by offering encouragement
A recent Ontario Court of Appeal case highlighted the issues concerning imputed income in the calculation of spousal support. What is Income Imputation? In certain situations, courts will impute (increase
Maybe the idea has been rolling around in your mind for some time, or maybe a recent event has suddenly opened your eyes to the need to get a divorce.
When facing an impending divorce, you quickly come across a lot of different opinions about how you can get an advantage in your case based on the type of attorney
You’ve tried everything and it still isn’t working out. Although nobody has said the word yet, it seems that divorce is inevitable. This is an important time for preparing for
When it becomes apparent that you are going to need to get a divorce, you will inevitably have a lot of questions on your mind. One of these questions might
If a couple decides that their relationship has reached a point where there is no possibility of reconciliation, they must then decide how best to terminate their marriage. The options
Ending a marriage in Canada isn’t something that can be done at a moments notice; there are certain conditions, or “grounds for divorce”, that must be met. The parties involved
Once you and your spouse have made the decision to separate, drawing up a separation agreement is an important step for resolving uncertainties and settling potential disputes. The advantage of
The home is often the largest asset that needs to be divided up after the breakdown of a relationship. Because of this, there is quite a bit of interest over
Emotions can be very high before and during a divorce. During this time period, it may be tempting to vent some of your anger or frustration online about your soon-to-be-ex.
In Children’s Aid Society of Toronto v C.K. et al the maternal grandmother and the paternal grandparents each brought a motion to be added as a party to a proceeding
A common worry among entrepreneurs is deciding whether or not they need a lawyer when starting or running a business. Lawyers charge high hourly rates and many businesses don’t have
Estate laws and regulations are a means to get the information you need from a trustee The passing of a relative often leads to a great deal of stress and
Section 5(6) of the Family Law Act provides: (6) The court may award a spouse an amount that is more or less than half the difference between the net family
Pet owners love their pets, and to some it may seem absurd that Ontario law considers them as property to be divided at a breakdown of a marriage. The following
In Ene v. Ene the parties were married in 1990 and separated in 2014. There are two children of the marriage, two daughters, aged fifteen and four. Following the separation,
It appears our southern neighbours may be taking the lead in bringing custody and access arrangements in line with modern times. At least ten states are discussing child and custody
In Gallacher v. Friesen, the parties cohabited in 2007 and until November 20, 2012. The parties have one child together. In 2008, the Respondent mother asked the Appellant father to
Helping you build strong relationships with your ex-spouse and your children Co-parenting can help meet the challenge of creating two new households after separation and divorce At Epstein & Associates
In Horowitz v. Nightingale, the couple had been married for sixteen years and they had three children together. In calculating the husband’s annual “income” for support purposes, the Courts were
Let Barrie real estate lawyers at Epstein & Associates help you close the deal Earlier this month, MoneySense Magazine released a report of the top cities to buy real estate
In Habib v. Amin, the parties were married for three years and had one child. The parties initially resided in Ontario, moved to England where the child was born, and
Where there is an existing child support agreement and a payor is subsequently laid off, the payor can seek to decrease monthly child support payments. Whether or not a decrease
Epstein & Associates is proud to announce that Dr. Brett Degoldi is joining our Barrie office to head up the Family Law department in Barrie, Ontario. Dr. Degoldi had practiced
Ontario residents who will be paying child support or whose incomes need to be reported for purposes of child support calculation must determine their annual disposable income. This amount, which
When a court determines child custody, the judge will also normally issue parenting time orders if the parents have been unable to come to an agreement. Generally, courts approach
Sharing child custody can always be difficult, especially when both parents want to maximize the amount of time they spend with the child. However, custody can be even more
Many Ontario residents may possess uncertainties about the status of their common-law relationship as well as the extent of their rights should the relationship come to an end. Differing provincial
According to Statistics Canada, approximately four out of 10 marriages in Canada will end in divorce. By the time a couple has made the difficult decision to dissolve their marriage,
Ontario spouses who are seeking a divorce may be interested in some information about how child or spousal support affects their social assistance payments. Depending on the circumstances, the amount
Ontarians who are planning to adopt a child have a few different kinds of adoption available to them. First, parents can choose to adopt a child locally or internationally. The
While this particular blog post is not intended to provide legal advice, it may remind divorcing couples in Ontario of the fact that parents are obligated by the law to
Sometimes, there are special circumstances in which the parents of a child are unable to provide care. If an Ontario court does not declare a parent or the child is
When spousal support payments are required as part of a divorce settlement or separation agreement in Ontario, the court will inform the Family Responsibility Office of these arrangements. The FRO
Selecting an experienced Newmarket Real Estate Lawyer has never been easier! Buying a house is one of the biggest financial commitments and most significant transactions you will make during your lifetime.
Unmarried couples who are living together in Ontario may not be aware of the potential divorce-like problems that can arise when common-law relationships come to an end. In short, a
Bradford residents will soon have access to Bradford Family Law, Real Estate Law, and Corporate and Commercial Law with Epstein & Associates With success, often comes growth which is why
Ontario parents who go through separations and divorces have many questions about their familial responsibilities and rights in the aftermath of their legal splits. Although family law is well
Some Ontario residents may be interested in learning more about how to enforce a child support order that was issued as a result of their divorce. It is the provincial
When a married couple decides to get a divorce in Ontario, there is some basic information that they should know. Part of this is whether they need to live separately
For divorcing parents in Ontario, agreeing to a parenting plan can sometimes be one of the most challenging aspects of ending a marriage. As a last resort, the couple might
Supervised access may be an option for Ontario parents who worry about their safety or if the safety of a child is in question. For example, a non-custodial parent
In Lewis v. Adesanya the court allowed the mother’s motion, dated September 2013, for a variation of child support retroactive to the date of the previous March 2012 order. The
When a married or common-law couple chooses to end their relationship, property division laws determine how assets will be divided following a breakup or divorce. Both debts and assets
In addition to determining issues related to property division, when Ontario parents divorce, they will also need to come to an agreement about how their child will be raised, how
In Senos v. Karcz, the Court of Appeal allowed a father’s motion to change his support payments to reflect his adult son’s receipt of the Ontario Disability Support Plant Act,
Some readers from the Ontario area might be interested to learn more about how spousal support levels are calculated and determined in Canada. Although many believe that spousal support is
Individuals who are facing a divorce with children may wish to know how child support payment amounts are calculated in Ontario. The amount that will be owed by the payor
Approach #1: The Conditional Gift In the first approach, courts have treated the engagement ring as a conditional gift. Whether it must be returned in the event of a breakup
In Ontario, spousal support can be awarded to couples who have been married, those who have a common-law marriage and have been together for at least three years, and couples
Ontario couples who are seeking a divorce may be interested in some information about what requirements must be met before ending a marriage. In addition to the marriage issues, the
How Social media use can Impact the Strength of your Marriage and what you can do about it You would be hard pressed to find someone who isn’t active on
An Ontario lawyer is asking the Crown to investigate a child custody case that is keeping the child’s mother in jail for refusing to bring her child home from China.
In Virc v. Blair et al. the wife brought an application to set aside a separation agreement with her husband on the grounds that he had materially misrepresented his financial
The popularity of social media sites such as Facebook may be the undoing of some parents, especially those who are delinquent in their child support payments. In dealing with support
In Meidell v Meidell at issue was the quantum and duration of spousal support that the husband must pay to the wife. The parties were married for eleven years. The
Section 56(4) of the Family Law Act (FLA) sets out the circumstances under which a court may set aside a domestic contract or a provision in it. In Cramer v
Couples in Ontario whose marriages are ending in divorce need to prepare themselves for the financial ramifications of the process. This includes both the cost of the divorce and the
In Children’s Aid Society of Ottawa v T the court considered who should have custody of the child. The child has been subject to a number of custody changes since
Ontario residents might be interested in a recent article discussing some of the difficulties a divorcing couple might face when considering the family home. When attempting to determine ownership during
While divorce is often difficult for most Ontario individuals, it can be harder on women. Women may have financial difficulty during the divorce process because they may not have their
Ontario couples who are considering divorce may not be aware of the basics of child custody and access laws. Understanding these laws may help them work toward a parenting plan
In Ontario, one spouse can receive spousal support from the other after the couple has separated or divorced. This spousal support is generally paid by the spouse who has a
A divorce can be emotionally draining as the couple evaluates their assets and divides them accordingly. In addition to dividing such things as furniture and bank accounts, they will
When a marriage ends, a couple in Ontario often has an idea that their relationship is beginning to fall apart. However, in some cases, one party is taken completely by
For all couples, including those who reside in Ontario, divorce can be a complicated web of laws involving federal, provincial and territorial statutes. Provincial or territorial laws can create a
Animal lovers in Ontario may think of their animal companions as part of their families, but in the eyes of family law courts, pets are actually considered possessions no different