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
Mourn the loss of the relationship The loss of companionship and the loss of support; financial, social, emotional or otherwise, may produce an overwhelming number of conflicting feelings like anger,
Beginning in 2000, Ontario native Will Arnett and Amy Poehler had a relationship that extended for 12 years. Arnette joked in 2007 that due to their work schedules, with them
Someone in Ontario who is considering ending his or her marriage might look online at a do-it-yourself kit, but that might not be the best option when trying to resolve
With the trend of grey divorce rising in Canada, adult children of long-time married couples are frequently shocked and unprepared for the news of their parents divorcing and separating. Adult
There are very few people in Barrie who would say that divorce is easy. While some people are able to end relationships on good terms with their exes, the more
In MacIsaac v Salo the Ontario Court of Appeal confirmed that a court has jurisdiction to rectify a reference plan that has been deposited on title. In 1985 the owner
In Canada, separation is official when spouses choose to stop living together. In this situation, a couple may choose to live separately or to live separate and apart under the
A growing number of Canadians 50 years of age and older are getting a ‘grey divorce’ or ‘silver separation.’ These terms refer to the later-life separations that are an emerging
Epstein & Associates is proud to announce the opening of its new office in BARRIE, ON Effective February 1, 2014 we will be available to assist clients at 115 Collier
Emotional support meets legal guidance Divorce. Just the word itself conjures negative connotations; bitter custody battles, financial disputes, lengthy litigation and emotions ranging from fear to anger. In essence, a
Before an amount and duration of spousal support can be awarded, a court must first find that there is basis on which a spouse is entitled to spousal support. In
If you are going through a separation with your spouse in Ontario, both of you are most likely dealing with strong emotions. In the midst of everything, you still need
A recent survey by Seddons, a U.K. law practice, revealed that divorced couple’s biggest regret is the impact that it had on their children, although nearly 79% of those surveyed
In 1003126 Ontario Ltd. V DiCarlo at issue was whether the court should grant an injunction enforcing a non-competition clause in an employment contract. The Plaintiff hired the Defendant to
Couples in Ontario who are separating or divorcing may wonder how child support is assessed. In fact, it can be complex because it is not necessarily only biological parents who
As common-law relationships continue to become a bigger trend in Canadian demographics, it is important to consider the intricacies that cohabitation poses to children. 7% of families are common-law
The financial implications of divorce are oftentimes black and white. A divorce costs money and takes time – two variables that are sometimes unpredictable. The emotional and psychological upheaval associated
When one’s mind is clouded by emotion, anger, or fear associated with divorce, the decision-making process isn’t as effective as it would normally be. Divorce is a time of change,
Collaborative family law is an effective approach to creating a win-win settlement If you are hoping to maintain a civilized separation and use an approach that will help minimize the
Keeping your assets protected in a common-law relationship Over the past decade, divorce trends have been decreasing worldwide. Despite a growing Canadian population overall, fewer marriages and more cohabitation is
Advice from a Lawyer: The Best Way to Divorce In Ontario, over a one year period ending in the spring of 2013, there were 30,254 divorce cases started in the
In Spencer v Riesberry at issue was whether the home that the husband and wife lived in during their marriage was a matrimonial home within the meaning of section 18(1)
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
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
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
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
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
A recent Ontario Court of Appeal decision is an example of the difficulties of sibling rivalry in estate litigation. The Mountain case involved a dispute between the son (Gary) and
You may be one of many people out there who is considering separating from their spouse or partner. If you are, you should consider working with an Ontario divorce attorney.
In Canada, over one third of all family law cases are divorce cases. The proportion of married couples has been steadily decreasing over the last two centuries, while common law
The dissolution of a marriage or the ending of a partnership is often marked by emotional stress and worry. A myriad of decisions need to be made regarding finances, living
A mediated option of resolving disputes, saving costs and achieving higher satisfaction with the outcome of divorce The Law Commission of Ontario (LCO) released its final report in its family
Is Collaborative Divorce The Right Way To Go? Divorce time does not necessarily mean war time. Despite the depth of the differences that might have forced you to end your
For the process to be valid, must arbitration in family law conform strictly to the strictures of the court process? According to a recent decision from the Superior Court of
The general proposition in family law is that the value of any kind of property that was acquired by a spouse during the marriage and still exists at separation must
In Stevens v. Stevens, a stay-at-home wife with significant inherited funds that were invested into the matrimonial home, intended that her husband would receive one-half the value of the matrimonial home in
A person should not be allowed to profit from his or her own crime. This public policy rule has been in the common law for over a century; however, courts
Under Ontario law, upon separation married spouses are entitled to an equal share of the value of the wealth accumulated by both parties during the marriage. There are exceptions, however.
”How long?” and “how much?” are two questions that are often at the forefront of any divorce-oriented thought process, particularly when separating spouses attempt to resolve such issues as property
U.S. popstar Hillary Duff and Canadian NHL player Mike Comrie were married last week in a ceremony that took place in California. In 2007, Forbes magazine estimated Duff’s earnings for
