A relationship breakdown affects people in different ways. Some people know that they have grown apart, accept that fact and are able to move on with their lives rather quickly. These are the people who can come to a quick and rather painless resolution of their parenting and financial issues. If they use lawyers, their
separation
Family Law Myths
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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…
New Pension Valuation Scheme for Separating Spouses In Ontario Law – Starting January 1, 2012
By Douglas J. Manning on
By Douglas J. Manning, Partner, Certified Specialist in Family Law
For years family law lawyers in Ontario (and their clients) having been waiting for (and lobbying for) changes to the legislation governing pensions upon separation. The reason for the desire for change was to be able to treat a spouse’s (or both spouses’) pension(s) more…
Are you a Jerk?
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I just read an article in the September 12, 2011 issue of McLean’s that caught my eye. The article written by Julia McKinnell discusses a new book for divorced parents entitled “Joint Custody with a Jerk” co-authored by Julie Ross and Judy Corcoran. Boy, the article hit home with me as in my practice…
Responding to Allegations in Court Documents – How much is too much??
By Catherine Hyde on
Have you ever heard the expression – “Blew the case wide open”? This might seem more relevant to a murder trial where they find the smoking gun or perhaps you have watched a CSI episode and suddenly they find that one piece of evidence that magically solves the case.
Believe it or not that can…
Pitfalls of Wills v. Separation Agreements
By Barrie M. Hayes on
Separated but not yet divorced legal spouses should beware of the potential legal effect of a pre existing will which leaves the spouse’s estate to his now estranged wife.
In the recent case of Macarchuk v. Macarchuk the spouses were separated but not divorced. Prior to separation, the husband had made a will naming his…
Burgar Rowe Resolution Services and the Merger of the Burgar Rowe and Purser Dooley Cockburn Smith Law Firms
By Douglas J. Manning on
Posted in Separation
The Family Law Lawyers at Burgar Rowe are pleased to introduce their new mediation and arbitration services. Increasingly over the past 10-15 years the courts have been inundated with family law cases. This has caused a considerable backlog of court cases that have caused countless separating couples needless delays and legal expenses in resolving their…
THE MATRIMONIAL HOME: The Essentials
By Barrie M. Hayes on
Posted in Property, Separation
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…
Mandatory Information Programmes in the Family Court or (MIPS FC)
By Thomas C. Dart on
Posted in Family Court, Separation
One of the ‘four pillars’ of court reform announced by Ontario’s Attorney General, Chris Bentley, last year (2010) was to provide up front information for people who were suffering from marriage breakdown. The way in which Minister Bentley’s strives to provide this information is the “MIP”. Many separating couples simply do not know the range…
Facebook – Post with Caution (Or At Least Have Tight Security Settings)
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Posted in General, Separation
Facebook has become an everyday word. Who doesn’t have a Facebook account nowadays? We use Facebook to keep in touch with friends, to share photos with family members across the globe and sometimes, we use Facebook to vent. What harm can a little Facebook post cause anyway, right? The answer may surprise you, especially when…