In Ontario, section 55(1) of the Family Law Act says that for a separation agreement to be a separation agreement, it must be in writing, signed by the parties and witnessed. However, the considerations do not end there. There are additional factors a…
Parents involved in separation and divorce often wonder if the children should be involved in the process of creating a new reality for the family. On the one hand, the change has a profound impact on every aspect of a child’s…
When deciding which parent should have custody, judges and arbitrators give almost no weight, perhaps no weight at all, to what the parents want. The law requires that when a judge or arbitrator makes a decision in relation to a…
A lot of common-law spouses ask about how their assets are divided when they break up. In Ontario, the law is different for common-law couples than it is for married couples. For common-law couples, it is more complicated. You probably…
Many separated spouses want to save money working out their affairs and getting their divorce. Some have heard mediation is a way to save money, which it often is. However, a mediator supplements the parties each having their own lawyers,…
Many grandparents have, or want to have, a close relationship with their grandchildren. There is social science research that says children benefit from knowing their heritage through contact with their ancestors. Many family court judges will tell you that children…
Recently, the Ontario Court of Appeal ordered a spouse to pay his spouse over a million dollars, but not in relation to property division child support, nor spousal support. The husband had to pay those amounts in addition to over a million dollars that the Court…
Parenting (formerly child custody) cases in Family Court are supposed to be about what is best for the children and not about the behaviour or concerns of adults, unless it impacts the children. But, the time after separation is a particularly difficult time…
As the new year approaches, people start mulling over the idea of divorce. Shortly after New Year’s, family lawyers get bombarded with questions about how easy it will be to get a divorce in Ontario and how long will it…
Often when spouses separate, one spouse leaves with much greater access to money than the other. Then that spouse wants to hold on to his or her money after separation, so doesn’t want to be cooperative, knowing that his or her ex…