Posted January 29, 2018 | by Lorisa Stein |in Collaborative Divorce & Toronto Family Law, FAQ, Legal Advice, Property Division for Married Couples, Property Sharing for Common Law Partners

Is My Professional Degree a Marital Asset?

During separation negotiations, the value of your advanced or professional degree may come into question. If you attained the degree during the marriage, your spouse may argue that it is considered property, and therefore subject to an equal division of its value. It is important that you understand the worth of the degree and its

Posted December 11, 2017 | by Lorisa Stein |in Domestic Contracts, Financial, Legal Advice, Marriage Contracts, Mediation, Negotiation, Prenups, Property Division for Married Couples, Property Sharing for Common Law Partners

5 Basic Legal Rights When Given a Family Law Contract to Sign

Independent Legal Advice: You have an inalienable legal right to seek to independent legal advice from a lawyer of your choice before you sign a prenup, marriage contract or separation agreement. If the person telling you that you don’t need a lawyer, don’t sign the document. Free will and the ability to understand the proceeding:

Posted July 21, 2016 | by Lorisa Stein |in Collaborative Divorce & Toronto Family Law, Property Sharing for Common Law Partners

When is a Common Law Partnership ‘Official’?

There is great confusion about common-law partnerships. They are a distinct domestic household union recognized by family law courts including the Supreme Court of Canada. Common-law partnerships are not a subset of being married, however they share some elements in common. There is no distinction between same-sex or opposite sex common-law partnerships. From the nationwide

Posted April 27, 2015 | by Lorisa Stein |in Child Support, Collaborative Approach, Divorce, Domestic Contracts, Family Business, Marriage Contracts, Property Division for Married Couples, Property Sharing for Common Law Partners, Spousal Support

More Tips for Business Owners Contracting Into, During and Out of a Relationship

When entrepreneurs and small business owners are transitioning their personal relationships such as cohabiting or separating is to learn about their right to secure their wealth and prepare for an orderly distribution if that relationship doesn’t succeed. Another time of transition requiring a good look at securing wealth is upon the transfer of an inheritance.

Posted August 19, 2014 | by Lorisa Stein |in Property Division for Married Couples, Property Sharing for Common Law Partners

Equalization of Property: What’s in and What’s out?

In Ontario if there is no domestic contract executed prior to or during the marriage, married spouses who face a breakdown in their relationship will divide the value of their respective family property according to the statutory scheme. An accounting by ownership and value of the property held by each spouse as at the date

Posted April 16, 2014 | by Lorisa Stein |in Property Division for Married Couples, Property Sharing for Common Law Partners

Property Division and Fully Disclosure in Family Law Settlements

In the family law field, clients are asked and expected to produce documents demonstrating their income from all sources, property of all sorts and debts and liabilities. The probable value and currency, accuracy and completeness of the disclosure is paramount. Why? For a family law lawyer to be able to provide comprehensive legal advice to

Posted March 11, 2014 | by Lorisa Stein |in Property Division for Married Couples, Property Sharing for Common Law Partners

Crisis during Negotiation of an Agreement

Whether clients are married or cohabiting, separation is an emotional and often stressful time. Once the terms of an agreement have been reached on how the negotiations will proceed -collaborative approach, mediation, or traditional negotiations – from there it’s a matter of gathering all the relevant documentation to prove ownership and value. What happens when

Posted November 19, 2013 | by Lorisa Stein |in Cohabitation Agreements, Collaborative Approach, Consultations, Divorce, Family Business, Independent Legal Advice, Marriage Contracts, Negotiation, Property Division for Married Couples, Property Sharing for Common Law Partners, Separation Agreements, Silver Separation - Grey Divorce

A CORPORATE RETREAT, OR MATRIMONIAL HOME?

When a new client arrived for our initial consultation he seemed sullen and distracted. I asked what he was thinking about. He sighed and explained how he always believed that what was held by his company belonged to the company and what were used by the family were family assets. He had a group of

Posted November 5, 2013 | by Lorisa Stein |in Child Support, Cohabitation Agreements, Collaborative Approach, Collaborative Divorce & Toronto Family Law, Consultations, Divorce, Family Business, Independent Legal Advice, Marriage Contracts, Negotiation, Property Sharing for Common Law Partners, Separation Agreements, Silver Separation - Grey Divorce

Two sides to Joint Ownership of the House with the Children

Parents who solely own a house or cottage think about changing the ownership of these assets to include their children. While there may be sentimental or economic reasons for doing so, care must be taken to understand the full consequences of such a decision. Loss of critical tax credits for both the parent and child

Posted October 29, 2013 | by Lorisa Stein |in Cohabitation Agreements, Consultations, Divorce, Family Business, Independent Legal Advice, Marriage Contracts, Mediation, Negotiation, Post Separation Changes, Property Division for Married Couples, Property Sharing for Common Law Partners, Separation Agreements, Silver Separation - Grey Divorce, Spousal Support

Family Business Valuations and Marriage Contracts

A business owner was discussing seeking legal advice with Sandra, his high school sweetheart, about the impact his flourishing import/export corporation may face once they married. Jacques and his business partner, Sam, started seven years ago what is today a successful international company. There are four divisions employing 38 people; each with a family of

Posted October 22, 2013 | by Lorisa Stein |in Arbitration, Child Support, Cohabitation Agreements, Collaborative Approach, Consultations, Custody & Access, Divorce, Family Business, Independent Legal Advice, Marriage Contracts, Mediation, Negotiation, Post Separation Changes, Property Sharing for Common Law Partners, Separation Agreements, Silver Separation - Grey Divorce, Spousal Support

Customizing a Private Approach or Going Public

One of my best friends, Jim, is facing what he sees a tough road ahead. It’s not that he and his wife are separating; it’s the unwelcome help he’s receiving from his gym mates. One soccer buddy boasts that Jim must lead the troops and show the rest of the guys what we’re made of.

Posted October 15, 2013 | by Lorisa Stein |in Cohabitation Agreements, Collaborative Approach, Consultations, Divorce, Family Business, Independent Legal Advice, Marriage Contracts, Mediation, Negotiation, Post Separation Changes, Property Division for Married Couples, Property Sharing for Common Law Partners, Separation Agreements, Silver Separation - Grey Divorce, Spousal Support

Betrayal or Good Economic Sense?

For senior adults stepping into their second marriages, the tough conversation is often about the marriage contract. Not so long ago, this discussion would have been a nonstarter and certainly a deal breaker. Feeling personal betrayal during this honeymoon phase, a tough discussion about money seems to come from nowhere.  The spouse being asked to