Rules for Living Together While Separated – Tips from a Family Lawyer

It’s common for couples to live together before marriage—but what about after separation? If you’re newly separated, then there may be financial realities, such as rising house costs and job market instability, that are making it impractical for you to move out into separate residences immediately.  Under Canadian law, having an official separation date is the first step towards qualifying for...

Legal Separation vs. Divorce in Ontario: Understanding the Differences

If your marriage has irrevocably broken down, you and your spouse will face a pressing and important decision about how to move forward. Two common paths are: 1) separation; and 2) divorce.  Each of these has distinct legal implications under Ontario law.   This blog will briefly explore these concepts – and highlight the important differences – so you can make an informed decision on what to...

What’s My Legal Date of Separation?

It may seem odd, but in some divorce scenarios, you and your spouse may not agree on the exact date you officially separated from each other. This uncertainty could arise for many reasons. Financial pressures, a poor real estate market, or job losses may have forced you to continue living under the same roof until you can afford separate residences. Or, perhaps you had some brief attempts at...

Common-Law Relationships in Ontario:  The Essentials

Under Canadian Family law, there are two categories of romantic relationships that are recognized:  1) Formal marriages, and 2) Common-law unions.   With common-law relationships in particular, there is often a misconception that the two partners – being unmarried – must simply “walk away” from each other, with no string attached.  But this is not quite true.  In fact, common-law relationships...

My Spouse Died After We Separated. What Happens to All Our Assets & Debts?

If you’re separated but not divorced, and your spouse suddenly dies, it can add an unexpected layer of complexity to the process of divorce, which is already an emotional and challenging situation. You may wonder how your spouse’s death will affect the division of your marital assets and liabilities, particularly if things weren’t fully settled before they passed away.  Understanding how...

Legal Separation: What to Consider When Living Separate and Apart in the Same Residence

In these tough economic times, many married couples may want to separate – but find they simply can’t afford to. That’s because they may not have the financial means to set up two separate homes, and officially start down the road toward getting a formal divorce from each other. A question we often get asked at our firm is whether, under Canadian law, it’s possible to be legally separated but...

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...

Why Business Owners Should Consider Entering into a Marriage Contract Before Marriage

Marriage is not only a union of hearts but also a union of assets, responsibilities, and commitments. This union can be particularly complex for business owners, as it can involve substantial financial interests and assets built over years of hard work. While no one enters into marriage thinking about divorce, it’s prudent for business owners to consider the potential benefits of a...

Managing Divorce at an Older Age – Navigating the Challenges of “Grey Divorce”

Divorce can be a significant life event that comes with its unique set of challenges. When couples decide to part ways later in life, commonly referred to as “grey divorce,” there are specific considerations that need to be addressed. From managing the emotional impact to planning for financial security, navigating divorce at an older age requires careful thought and preparation....

What is Legal Separation?

When a marriage isn’t working out, and a couple is ready to move on from the relationship, many people automatically assume that divorce is the next step in ending the marriage. There is a law in Ontario that states couples must be legally separated for at least one year before they can file for divorce. So, what is a legal separation? Here’s what you need to know. What is a legal separation?...