LawyerSelect.ca - Family Law Blog

I’M IN A COMMON LAW RELATIONSHIP… WHAT PROPERTY RIGHTS DO I HAVE? This blog has been brought to you by LawyerSelect.ca - Toronto's Best Lawyer Referral Service This area of law is one of the most contentious and hotly debated topics in family law. The general rule is that, unlike couples who are legally married, common law couples (i.e. couples who reside together but remain unmarried) aren’t entitled to the equalization of their family property. Under Ontario’s Family Law Act (FLA), which is the legislation that governs the division of property, only legally married couples benefit from the law mandating the equalization of family property upon divorce. As such, each person in a common law relationship will only be entitled to that which they brought into the relationship, or that which they acquired during the relationship. You can probably guess that this raises more problems that in cures. If that was your first thought, you’re not far off. In fact, many people...

My Ex and I Broke Up... Can I Legally Change the Locks? This blog is brought to you by LawyerSelect.ca - Free Personalized Lawyer Referral Service “My wife/girlfriend and I broke up. It’s my house. Can I legally change the locks?” Well, sure you can, but that doesn’t mean you should. The truth is that when it comes to changing the locks to the residence that you and your ex share, the answer can be both “yes” and “no”. The current state of the law is fuzzy, and there is no clear cut response to the question. However, the courts have tried to provide some guidance on the issue by enumerating a list of considerations that judges should evaluate when deciding if an eviction was lawful. Some of those considerations are: Has your ex already moved out with the items they’ll need to get buy? Have you and your ex entered into a previous agreement (however informal) that should the two of you break up, you will remain in the home and they will move elsewhere? Have you tol...

Separation Agreements: The 9 Most Important Things This blog is brought to you by  LawyerSelect.ca There is no question that a separation agreement is an eminently practical way for you and your spouse, or common-law partner, to save bundles of money and time. Typically, estranged couples use separation agreements to settle disputes over spousal support, child support, division of property, and even parenting arrangements. The beauty of a separation agreement is there’s no need to delve into the court system, which I’m sure you know, can get quite costly in a hurry. If you’re looking for a family lawyer to help you draft a separation agreement, we’d be more than happy to assist you at LawyerSelect.ca – where we personalize every lawyer referral we make, ensuring the client’s specifications with respect to experience, cost, gender, location and language are met. 1.  So… What Exactly is a Separation Agreement? Simply put, a separation agreement is a writ...

Financial Disclosure in a Divorce Proceeding This blog is brought to you by LawyerSelect.ca As if going through a divorce isn’t tough enough, the added burden of financial disclosure can be a very overwhelming task to many people. Financial Disclosure Explained: Any Toronto Family Lawyer will tell you that financial disclosure is one of the most important steps in a divorce proceeding. The rule requires that full and frank financial disclosure be provided by both parties in the divorce. This is done by way of sworn financial statements, which must include all supporting documentation, like bank statements, life insurance policies, and loan agreements, just to name a few. The forms to be used for the financial disclosure are determined by whether the divorce proceeding includes both the issues of division of property and spousal support, or just spousal support on its own. Why It’s Important To Make Full And Frank Financial Disclosure: If you fail to provide the...

Filing For Divorce: How And When A Court Will Grant A Divorce This blog is brought to you by LawyerSelect.ca Most people just assume that seeking a divorce falls within their civil rights, and the court is just there to pass judgment on marital property and child custody and like. But that isn’t the case. In fact, there are several enumerated grounds and requirements that must be satisfied to the court’s content before it will grant a divorce. Additionally, there are several bars to getting a divorce that, if present, may actually prevent a court from granting the divorce. Getting A Divorce: The Requirements – The breakdown of a marriage is the one and only ground for divorce in Canada. To prove to the court that the marriage has, in fact, broke down, the parties will be required to show evidence of living separate and apart for a period of at least one year, or the existence of adultery, or the existence of cruelty. Option 1: Living Separate And Apart – This...