Automatic Divorce After Long Separation in Canada: What You Need to Know
“If I have been separated for a long time, am I automatically divorced in Canada?” Some spouses are confused about the difference between separation and divorce, believing one to be similar to the other, and that they’ll simply be automatically divorced after a long separation. This incorrect assumption can lead to serious complications, especially for those who wish to get...
Can the Terms of a Divorce Be Changed?
At first, the terms that were agreed upon for your divorce had been sufficient to cover your situation. However, as time passes, certain aspects of your agreement can become inadequate. In some cases, you may need to challenge the settlement by presenting evidence or data that would change the mind of the court. Certain parts of a divorce agreement can’t be changed once a ruling is made,...
Can You Get a Divorce If Only One Partner Wants It?
While it’s rare for a divorce to take place without any sort of acrimony, some people end up getting stuck in a situation where a partner refuses to participate in the legal dissolution of the marriage. Regardless of why only one partner might want a divorce, this lack of cooperation makes divorce more complicated and unpleasant than necessary. Marriage and divorce law has been altered over...
Want to Keep the Matrimonial Home? You NEED a Prenuptial Agreement
They say love conquers all… until it comes to divorce proceedings and the distribution of property. Then, all bets are off. Things can become especially heated when the soon-to-be exes discuss what happens to their home. Tempers can rise and you might find yourself saying things you’ll later regret. All that can be avoided, though. Drafting a prenuptial agreement can prevent arguments about...
Filing A Restraining Order In Ontario: A Beginner’s Guide
Are you afraid that your partner or former partner will hurt you or your children? If so, you can request the court to make a restraining order. A restraining order is a document issued by the court which instructs an individual to stay away from another person. The Family Law Act allows you to get a restraining order against a person you are or were married to, or against a partner you are or...
How is Family Law Equalization Calculated in Ontario?
In Ontario, one of the most complex parts of a divorce involves the division of property. Equalization payments are designed to allow spouses to keep their personal property and split joint financial assets evenly. While this may seem like a simple fifty-fifty proposition, family law equalization calculations, when not performed properly and legally, can leave one spouse at a significant...
Start Your New Life with a Post-Divorce Bucket List
There’s no arguing that the majority of divorces are unhappy events. Rare is the divorce that’s completely mutual and pain-free. Due to the traumatic nature of the dissolution of marriage, it’s always advisable to try to salvage your relationship if you’re not experiencing emotional or physical abuse from your partner. However, when divorce is the option that makes the most sense, it’s...
The Difference Between Canadian and US Divorce Laws
Divorce law in Canada and the United States is similar in terms of the dissolution of marriage and the division of wealth and child custody. How the law is enforced, however, differs greatly. Canada has a federal divorce act while the United States leaves the specifics up to each individual state. Canadian provinces can make only small changes in family law to suit jurisdictional...
Are You Avoiding Divorce Because Your Family “Stays Together?”
Staying together for the sake of the kids is a noble idea. Divorce is never a pleasant situation, and your kids will have to deal with the dissolution of your marriage in spite of your best efforts to shield them from it. Depending on the circumstances, it may indeed be a good idea to remain married. Unfortunately, if the relationship can’t be healed, then staying together for the kids could...