When you marry, any existing Will is automatically revoked. In the situation of this, the rule of law takes charge in deciding how your assets are divided, until the parties involved in the marriage contract renew their Wills to effect their new status. Mostly, this would mean your entire estate would go to your wife,
Separation Agreements
Is my Case “Urgent” for Family Court during COVID-19? Can it be Heard by a Judge?
I have had several clients ask me if their case is truly “urgent” and if it can be heard by a judge during the COVID-19 crisis. Right now, since Family Courts in Ontario are all closed, only the most urgent cases are being heard by the Courts. However, the legal definition of “urgency” is different…
Video Conferencing in Family Court – We Need It Now
In the Canadian commercial law context, electronic trials (paperless trials), while not the norm, have been embraced by some members of the judiciary as early as 2014. For example, Justice D.M. Brown, in Bank of Montreal v Fabish, a commercial litigation case, called upon members of the judiciary and counsel to make greater use…
Full Financial Disclosure In A Domestic Contract
Having full financial disclosure is the baseline for negotiation of most domestic contracts. Financial issues that could pertain to support, property and succession are contained within them. All too often, a client provides counsel with a draft separation agreement, provided by the opposing side, that lacks full financial disclosure, expecting that turnaround can be achieved…
Necessary Steps Relating to Separation
Written by Alexander Beadie.
Many people come to our offices to learn the steps involved in separation. Practically speaking, there are necessary steps to take if you wish to document the terms of your separation from your spouse as part of a divorce.
In order to record the terms and conditions governing your separation with…
Separation Agreements – An Investment In Yourself
It is no secret to anyone involved in the legal industry that family court is an expensive method to resolve the issues arising from separation. Frankly, it can hemorrhage a family financially.
One way to avoid huge court costs is to engage in the negotiation of a separation agreement. This enables you to keep your …
5 Mistakes Made in Divorce Proceedings
Today’s guest blogger is writing about the 5 mistakes made by people who are in family court. While the advice is sound, it reinforces to me how undesirable it is to be in Family Court. It really is an awful experience. But, alas, if you are in Family Court, heed the following good advice… or …
Separation Agreements: The Devil in the Details
There is a saying… "the Devil is in the Details"…. meaning details that are overlooked can cause problems later. No doubt this is true when drafting a separation agreement. Attention to detail is essential.
The top ten big issues that need to be resolved are:
- Where will the children live?
- How much time with the
…
New Wife and Ex Wife: A Complicated Relationship
All relationships are trying at times but perhaps one of the more difficult ones is between a "new wife" and the "ex wife". (Probably this is true for the "new husband" and "ex husband" too.)
Donna Ferber (pictured on the left) offers another great blog in which she explores this challenging relationship.
Donna writes:
Judged
…
Parental Planner: A New Communications Journal for Separated Parents
The Parental Planner is a new way for separated parents to communicate with one another. It is a essentially a communications journal that is passed between parents at the time of exchanging the children.
The advantage to using a communications journal is that it avoids face-to-face confrontations. You can also ensure all the pertinent information…