It can be heart wrenching when someone hears a spouse or partner say, “I don’t want to be with you anymore.” Sometimes, it’s put in writing or demonstrated by moving out of the bedroom or by any number of actions that signal the end of a union. The starting point for a legal separation agreement is a mutually recognized date of separation. In Ontario, collaborative family law recognizes that in the end lies the potential for …
Experts insist that key predictors of divorce do, in fact, exist even though there is evidence that marriages dissolve for myriad reasons. Indeed, many Ontario marriages endure a lifetime, defying statistics based exclusively on behaviour identified as not constructive. The level and intensity of commitment and communication as well as basic character come into play in every one-on-one relationship. When separation and divorce are contemplated, these less measurable elements as well as behaviour will play crucial …
Timing and status are paramount in the eyes of the law. The legal status of men and women in Ontario changes according to their marital status — whether single, common-law, married, separated or divorced. When separation and divorce are contemplated, the courts follow laws governing the division of assets that may seem, to the layman, like a maze constructed of one technicality atop another. It can be particularly challenging because agreements made at the time …
Deciding to unite in marriage is not to be taken lightly, to paraphrase words invoked at the moment of commitment. The same may be said of the moment the decision to dissolve a marriage is made. Each in their own way signifies a dramatic life change for Ontario spouses, and the leave-taking transition may be the optimum time to seek mediation with the help of an experienced family law practitioner. Recently, two noted universities teamed …
Part of the extreme distress that often characterizes the dissolution of a marriage is realizing that virtually everything that made up the warp and woof of one’s daily life will now be legally viewed as divisible. Furniture that one spouse may regard as a sentimental keepsake and the other spouse views indifferently tallies up as a shared asset. As such, it may unexpectedly create a potentially fractious scenario. Ontario couples embarking on separation and divorce …
Divorce has never been synonymous with happiness, but the process has undergone some evolution over the last few years. After saying their “I do’s”, few couples ever anticipate that one day they’ll be calling it quits and finding themselves fighting over who gets the Martini glasses and who gets the microwave. Yet, when it’s over, it’s over. Fortunately, in the legal landscape of divorce, there is an alternative that can make the separation process if …
There is no question that the loss of trust in any relationship leads to feelings ranging from sadness and anger to a deep sense of betrayal. What once was the mainstay of a marriage is gone forever, leaving one or both partners bereft of that element so crucial to maintaining ongoing intimacy. Bitterness may overwhelm a partner in his or her pursuit of separation and divorce and cloud their understanding of the legal perception of …
Couples who have decided to part ways can find themselves, individually and together, in unfamiliar territory. Even if they are in agreement about making the process as amicable as possible, there may be concerns or issues that need to be resolved before they can go forward. They could consider mediation as a light guiding them through terrain, which, despite their best intentions, can cause stress and strain. Most family law practitioners are experienced in mediation …
Applying for divorce in Ontario requires at least one of three elements stipulated by Canadian law. The spouses must be living separately for a year or more, there is a history of physical or mental abuse or one spouse has committed adultery. Adulterous affairs often lead to separation and divorce, but the law is clear about what counts as adultery and what does not. For example, the Divorce Act states that the affair must include …
There is no doubt that it is tough to face the facts when a marriage comes to an end. Even if an Ontario couple can keep theirseparation and divorce amicable, there will be challenges — both financial and emotional. Using alternative dispute resolution such as mediation may further ease the process, but certain steps in preparation might help. It will help to have a basic knowledge of the family assets, income, expenses and debts before …
Yes, the title really does say, “divorce selfies.” It’s a relatively recent phenomenon: newly divorced couples in Ontario and abroad are taking and posting selfies right after signing the papers. Some of the pictures are going viral, and the trend has caught the attention of the media. So, why are some people smiling through their divorce, while other spouses can barely stand to look at each other? Maybe the social media couples took advantage of mediation, …
Certain environments bring out the competitive nature in some people. It could be a hockey game at the rink or a video game between friends. It’s not hard to see how a courtroom divorce could trigger that same response. Litigation seldom brings out the best in people and what could be a simple process may become hotly contested, stressful and time-consuming. The division of property during a divorce, in particular, can turn into a bitter legal …
Baby boomers have always been trendsetters in Ontario, whether in fashion, the arts or fiscal habits. More recently, men and women of this generation are changing the way they think and feel about marriage. Perhaps in a bid to avoid the struggles associated with separation and divorce, many are avoiding marriage altogether, opting instead to live with their partners. According to research from the Pew Research Center in the United States, more baby boomers are …
When two people married to each other separate in Ontario, they must divide their family property in the manner provided for in the applicable legislation (unless they agree otherwise). While most people seem to be aware that the value of gifts or inheritances that one receives from a third party during his/her marriage is excluded from that division, many people are unaware that they may loose that exclusion unless they deal with their gifts and …
Almost one in six couples in Canada will have infertility issues when trying to start a family. Fertility law is an emerging branch of family law. Family lawyers can assist clients with fertility law by drafting Sperm Donor Contracts and Surrogacy Agreements. In a Sperm Donor Contract a male agrees to provide another couple with semen to allow them to conceive a child. In a Surrogacy Agreement, a female agrees to bear and give birth …
A handful of clients have come into my office with statements such as: “she told me she was on the pill”, “she told me she could not get pregnant”, “I clearly told her I did not want children”, and the classic “she told me that if she ever got pregnant, she would take care of the child on her own”. The follow-up question is often “do I still have to pay child support?”. The answer …
Les avocats devraient-ils être courtois entre eux ou est-ce que cela diminue la qualité de la représentation offerte à leurs clients? Généralement, lorsque les gens pensent aux avocats, ils associent leur rôle avec celui que les acteurs peignent dans les téléséries américaines telles que Suits et The Good Wife. Ils sont souvent en conflits, agressifs et zélés, parfois même arrogants. Donc, ce n’est pas surprenant que les gens ont comme postulat que l’agressivité chez un …
It is always recommended that you NOT change the beneficiary of your life insurance policy (who is usually your ex-spouse) until you have resolved all financial matters arising from your separation or divorce by way of a separation agreement or court order. In almost all cases, one or both ex-spouses will have support obligations towards his/her ex-spouse or children after a separation occurs and when that is the case the final settlement inevitably includes an …
En Ontario, moins de 3% de toutes les actions intentées devant la cour de la famille aboutissent en un procès. Le fait que votre requête judiciaire n’ait pas besoin d’un procès ne veut pas dire que vous n’irez jamais en cour. Bien au contraire! Notre système judiciaire familial ainsi que les Règles de procédure qui s’appliquent à ce genre de causes favorisent les règlements amiables. Dans cet esprit, avant de se rendre à un procès, …
Going through divorce is surely one of the most difficult experience you will go through in life. The Huffington Post has recently published a very interesting blog entitled “Surviving Divorce: 20 Dos and Don’ts” which we found very interesting (and ho! so very true…). We have highlighted twelve which in our view were the most important ones. We have also added our own annotations, in a snapshot: The most important “Do’s”: Focus on Your Well-Being: …