My earlier post Drafting Your Own Separation Agreement, Really? (Nov 2013) set out the basic elements of a separation agreement. Here are the highlights from that post: The legislated formal requirements: Each domestic contract must be in writing, signed by the two signatories and witnessed and dated. Revisions or a subsequent agreement must also meet
Aside from how the ownership was taken in the matrimonial home, the Ontario Family Law Act, section 19 provides that “both spouses have an equal right to possession of the matrimonial home” upon separation. This right continues until the divorce order or an annulment is granted. The right can be extended by a separation agreement
How satisfied are family law or divorce clients using the different processes available to them? Let’s compare client experiences and people's satisfaction under each process within the various family law approaches: the Litigation/family court process, the Collaborative approach to family law, and the Mediation process to family law by considering the available literature & research.
Understanding the emotional response: Overwhelming, emotional, empowering or devastating? Welcoming support means receiving non- judgmental empathy, understanding, and perhaps silence? For those seniors who were not welcoming this newfound single status, you may seek a renewed confidence to be able to find strength in a suddenly new world. Normalizing the event brings calm. Financial recovery:
This is a continuation of Fact or Fiction? Family Law Separations Part I. Here we look myths relating to the family business, using emotion to get what you want, and inflating a personal budget to influence support entitlement. The short answer to the question is it a myth is followed by some preliminary questions to
Clients may convince themselves of the accuracy of the information they receive from a friend at the gym or an erstwhile cousin who has already taken the emotional journey of separation and divorce. Their pronouncements about how child support is calculated or the entitlement thresholds for spousal support may be well-intentioned yet perhaps not exactly
My earlier blog on Designing a Parenting Plan addressed the nuts and bolts of developing a child-focussed, viable, and flexible family plan. Typically there will be a provision in the event a dispute arises and cannot be resolved between the parents. Before reaching the point of turning to a stranger to find a solution, here
Parents are familiar with the different categories of costs their children incur at an early age, as a teenager, and as an adult child entering a post-secondary educational program. When the family is intact, the expenses are often paid from a joint account. When a couple separates, who pays the child support, how much, and
The conversation has turned to cohabiting together or at the other end, to separating. How do you decide which way of processing all the family legal issues will work best for both of you? Alone or with your lawyer present? Do you want to participate or remain in the shadows? The bottom line: Both processes
Reading about the latest health news, I was struck by the glut of headline themes pointing out the collective poor behavioural choices we make on a daily basis: The Truth about Sugar! The Overemphasis on Protein Consumption! In a Bad Mood? Your social networks might be to blame! Fighting Obesity Yes, we need to look
In the family law field, clients are asked and expected to produce documents demonstrating their income from all sources, the property of all sorts and debts and liabilities. The probable value and currency, accuracy and completeness of the disclosure are paramount. Why? For a family law lawyer to be able to provide comprehensive legal advice
I recall a client telling me that we didn’t have to discuss the needs of his eldest son because he would be spending most of his time with his friends and often sleeps over with one of them. The father felt disappointed but he confessed that his son will soon move away so the family
