A recent Court of Appeal decision has caused considerable concern in relation to the certainty of the statutory provisions being applied to determine net family property equalization between legal married spouses.

Sections 4 and 5 of the Family Law Act have, to date, been viewed as all encompassing statutory direction in the division of net

Although Ontario common law spouses have a statutory right to receive spousal support upon separation, there is no statutory recognition of common law spouses in claims for property. The Family Law Act, in dealing with equalization of net family property, limits spouses to legal married spouses only.

Courts in Ontario, however, have historically granted

Repeatedly, in initial interviews and even in discussions with friends and other lawyers, I hear interpretations of family law that may be considered “urban myths”, using cultural parlance.  This blog deals with the top three in regard to married parties and the matrimonial home.

Myth 1

Myth – The matrimonial home is deemed to be

The law clerks at Barriston have focused on the various sections of a Financial Statement.  Part 4(b) identifies household contents, vehicles and other items.

Just as a quick refresher: remember that your Financial Statement is a snapshot of your financial situation.  Only include an asset that you are the registered owner of.  For example, it

One of my friends was recently faced with a decision she found to be somewhat insulting.  Her husband’s family has a “family business”, which business was incorporated.  The corporation was in the process of re-structuring and wished to issue shares to the son (her husband) and daughter.  It was requested that she sign a document

The matrimonial home is often the single largest assets owned by separating spouses. The Family Law Act (F.L.A.) recognizes and affords special protection to the matrimonial home and addressing both property and possessory entitlements. The legislation does not apply to common law spouses.

The ownership definition as set out in the F.L.A. is very broad

The pending nuptials of Prince William and Kate Middleton have attracted an inordinate amount of public attention.  We all seem to be captivated by royalty (whether it be political, sports, entertainment, or the real thing!).

There are some ‘gossipy’ rumors circulating that Prince William and Kate have agreed to enter into a marriage contract that

Married spouses in Ontario, and the other provinces, have enshrined legislated rights on how their rights and interests in property are determined in the event of a separation.  There is a specific formula that sets out each spouse’s monetary entitlement upon separation, with a few specific exceptions.

Unlike married spouses, unmarried partners have no such

ice hockeyWith the Leafs’ season fading fast, the Raptors never really in contention this year and the Jays dropping off the divisional radar screen before the last half of the season each year since 1995, perhaps you might say “Who cares which spouse ends up with the tickets to the losers?”.

But as the expression goes