Posts
Unequal Division of Net Family Property
When married spouses separate, s.5(1) of the Family Law Act (“FLA”) provides that there will be an equalization payment made from the spouse with the greater net family property to the spouse with the lesser net family property (see our blog post here for an introduction to how net family property and equalization work). To […]
LGBTQ Parents and Custody and Access
One fear that some parents may have is whether their LGBTQ status might affect their rights when it comes to Custody and Access. Thankfully, this is not in and of itself a ground to refuse custody or access to a parent as the case law below will demonstrate. Custody As mentioned in our last post […]
The Divorce Process
Should you determine that your relationship is over and that you wish to get divorced, you will need to follow the process outlined below in order to officially terminate your marriage. If you are unsure about the nature of your relationship, take a look at our previous blog posts regarding Common law vs. Marriage and Separation […]
Canada’s Legalization of Cannabis Use: How Will it Affect Family Law?
Canada’s new Cannabis laws came into force October 17th, 2018, and it is important that persons who choose to consume the drug be aware of what the new laws allow (for a summary of some of the new laws see http://www.justice.gc.ca/eng/cj-jp/cannabis/). Failure to properly understand the laws and what is permitted regarding possession, distribution, and […]
Separation and the Matrimonial Home
On separation, parties often have to make hard decisions regarding how they will split assets, who will pay support, and how they will move on from the relationship. At this time, one of the most contentious and difficult items to deal with is the Matrimonial Home. Who gets to keep it? Will the kids remain […]
Net Family Property and Equalization: An Introduction
Equalization is a payment from one spouse to the other at the end of a marriage. This equalization payment ONLY applies to married spouses, not to common law spouses. S. 5(1) of the Family Law Act (“FLA“) provides for Equalization when: A divorce is granted; Marriage is declared a nullity; When (married) spouses are separated and there is […]
Child Custody and Access Introduction
One of the most significant concerns for parents, if not THE most significant concern, on separation is what will happen with the children. Where will the child live? Who is going to make decisions for the child regarding their education, religion, or medical care? How much time will each partner spend with the children? These […]
Child Support
One of the major issues at separation is how much child or spousal support will be paid from one spouse to the other. This can often become very contentious between separating spouses as it can greatly impact both of their finances. The Family Law Act (“FLA”) recognizes that each parent has an obligation to provide […]