What is the Legal Age at Which a Child Can Decide Which Parent to Live With?
At our firm, there is one common question we routinely field from clients and potential clients going through a separation and divorce: “At what age can my child decide which parent they are going to live with?” In Canada, there is no defined age. Neither the federal nor provincial laws address this specifically. But that doesn’t mean the question is entirely up in the air. Both the...
“Exclusive Possession” of Your Matrimonial Home: What Does it Mean?
Many of you might know that under the Ontario Family Law Act (FLA), your matrimonial home has special status once you decide to separate from and divorce your spouse. At that point, your matrimonial home (defined as every property that “was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence”) is subject to special rules governing how it...
Marriage Versus Common-Law in Ontario – What’s the Difference?
According to the latest reports by Statistics Canada, marriage rates have been on the decline in the past few years, while common-law relationships have been on the rise. This ebb and flow in the popularity of each is due to many factors, of course. But at least some of them relate to the differences between each type of relationship union. MARRIAGE Beginning Requires obtaining a marriage...
What Are the Grounds for Divorce in Ontario?
We get this question at our Firm all the time: What are the grounds for getting a divorce from my spouse? What do I have to prove, to be eligible? Is there a waiting period? These are all simple questions, and they do have simple answers – but that still doesn’t mean that establishing you are eligible for a divorce is necessarily easy. Grounds for Divorce under the Divorce Act Under...
Can I Use My Spouse’s Social Media as Evidence in Our Divorce?
Whether it’s on Facebook, Instagram, Twitter (now rebranded as “X”), or any other popular platform, most Canadians use social media to interact with others. Usually it’s to share glimpses of their lives through images and short text updates. If you’re going through a divorce and want “dirt” on your spouse, it might have occurred to you that social media could be a great source of evidence for...
How Does Adultery Affect Divorce Under Canadian Law?
Has your spouse been unfaithful? Are you considering a divorce? If so, you might be wondering how your spouse’s adultery affects your own legal rights. Here are some of the key points you should know. Adultery is one of the grounds for getting a divorce in Canada. Under the federal Divorce Act, you are only eligible to divorce if you can show there has been a “breakdown of the marriage”. That...
Lessons Learned: Consequences of ‘Bad Faith’ Actions in Divorce Proceedings
Divorce proceedings often bring out the worst in couples, with some resorting to deceitful tactics to avoid their financial obligations. A recent case in Ontario sheds light on the severe consequences of such “bad faith” actions, highlighting the importance of honesty and integrity in legal matters. The Case: A Tale of Fraudulent Transfers and Deception In this case, a husband...
The Risks of Circumventing Legal Divorce Requirements
Divorce, a significant legal step in the lives of many, is governed by strict laws and guidelines. In Canada, the federal Divorce Act outlines the grounds for a legally acceptable divorce, which includes separation for at least one year, adultery, or physical or mental cruelty. However, what happens when couples attempt to subvert these legal requirements for a quicker resolution? A case...
What NOT to Do During a Divorce
Do NOT punish your Spouse The Divorce process can be very emotional. You may be very angry at your spouse. You may want to punish your spouse. Don’t make that mistake! If you make the divorce process more difficult, it will only increase your legal costs and increase your stress. It may make a resolution of the outstanding issues very difficult. Never threaten your spouse with violence. It can...