Common Law Spouses are defined as those couples that are not married and have a child or have resided together in a relationship for three years or more. (more…)
There is a recent decision of the Alberta Court of Appeal, Webb v. Birkett, wherein the court held that Family Law Lawyers, whether engaged in mediation, the collaborative law process, or any other process, has a duty to obtain full and complete financial disclosure, unless the client, being properly informed, waives the requirement.
The Court of Appeal held that it is the duty of every lawyer...
When it comes to Property Division, determining your net worth on the date of marriage is usually difficult for most people. If you were married for quite some time, most people do not keep their banking records. Financial Institutions usually do not keep records for longer than six years. A Domestic Agreement, listing your respective assets and liabilities as of the date of marriage, would...
The Family Law Act in Ontario provides certain rules which govern the division of family property when spouses separate. The parties must, essentially, divide the differences in the increases in their net worth, from the date of marriage to the date of separation. Each party must determine his/her Net Family Property. This is defined as the value of all of the person’s property on...
Section 4(1) of the Family Law Act is the definition section of the Act dealing with property issues. The act states that a “Matrimonial Home” is defined as “every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their...
