Marriage: Divorce or Annulment in Family Law?
I recently spoke to someone who had legally married a few months prior. This person explained that once married, she and her new spouse did not live together as husband and wife. They did not consummate their legal union; meaning they did not have sexual intercourse after they married. The c…Continue reading the post titled Marriage: Divorce or Annulment in Family Law?
‘Predator’ Spouse, Take Note of Hunt v. Worrod
Predatory marriages have drawn a lot of attention in recent years. They are believed to be on the rise. For families with single, elderly family members, this phenomenon is alarming. For Ontario’s estate litigators, the governing legal principles are infuriating. Too often in the past, the p…Continue reading the post titled ‘Predator’ Spouse, Take Note of Hunt v. Worrod
Financial Exploitation and Elder Abuse
What is Elder Abuse? Several millennia have passed since, according to the Book of Genesis, Jacob and his mother, Rebecca, conspired to trick Isaac who was, according to biblical scholars, by then an ailing and blind 130 year old man. They tricked him into believing that Jacob was his bro…Continue reading the post titled Financial Exploitation and Elder Abuse
How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?
When a personal injury matter settles, there are two primary ways the settlement can be paid out for an adult claimant: a lump sum cash payment, or a structured settlement. A structured settlement is created when some or all of a personal injury settlement is deposited with a life insurance …Continue reading the post titled How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?
Recent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”
In a recent decision, Hunks v Hunks, 2017 ONCA 247, the Court of Appeal ruled that structured settlement payments received after separation to replace lost wages should be classified as “income” not “property” for the purpose of calculating equalization and support. I…Continue reading the post titled Recent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”
The Importance of Good Lawyer Advice in Family Law
“Common sense seems to have gone out the window” Lately there seems to be a trend in which judges have been rendering decisions where they are censoring litigants, counsel and government bodies such as Legal Aid of Ontario. In a recent decision the court found fault with the parties and Leg…Continue reading the post titled The Importance of Good Lawyer Advice in Family Law
How To Legally Change Your Child’s Name In Ontario
Periodically a client will ask if it is possible to change their child’s last name, from their former spouses’ name to their own, for example changing the child’s last name to their maiden name so the child and parent have the same last name. Firstly to apply to change a child’s name you mus…Continue reading the post titled How To Legally Change Your Child’s Name In Ontario
Where Can I Bring My Family Law Application?
Before you issue an Application for relief in family law, you first need to determine the appropriate municipality in which to bring your Application. This article deals with choosing the appropriate municipality within Ontario. For a determination of whether or not Ontario should assume jur…Continue reading the post titled Where Can I Bring My Family Law Application?
What Is A Custody And Access Assessment?
In a custody and access dispute, the judge is given the important task of deciding what is in the best interests of a child, including who should have decision-making authority and how much time the child should spend in the care of each parent. A judge, however, is limited by the evidence p…Continue reading the post titled What Is A Custody And Access Assessment?
How to Change Your Last Name After Marriage
Introduction Name changes in Ontario are governed by the Change of Name Act, R.S.O. 1990, c. 7. As a newly-married spouse, there are two different options if you wish to change your last name: (1) You can simply “assume” your spouse’s last name, or a hyphenated combination of the two, which …Continue reading the post titled How to Change Your Last Name After Marriage