One of the basic compondentsof a Separation Agreement that will withstand a later attack is having made full financial disclosure of ones’ income, assets and debts as of the time of the agreement. It is foolish to hide assets or income from ones’ soon to be former spouse in the hopes that they will be […]
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An Unequal Division Of Net Family Property Or How Unfair Does Unfair Have To Be or What Property Division If Together Less Than 5 Years
The Family Law Act for married couples (not common law) contains a formula for the division of property upon separation. Sometimes simply applying that formula, especially when one person brought into the marriage the matrimonial home, can produce an extremely unfair result. The Family Law Act does provide a provision for a division other than […]
Read MoreHomemade Separation Agreement Penny Wise Pound Foolish
In the recent decision by Justice Lococo of the Ontario Superior Court of Justice in St. Catherine’s, he rendered a decision after a 14 day hotly contested Trial. Numerous issues were percolating on the Judge’s stove, including retroactive child/spousal support, the income of the ex-husband, access and costs. This couple were together for less than […]
Read MoreSpousal Support Forever Or Does Support Ever End Or Does My New Wife Have To Reveal Her Income To My Old Wife Or Is Retirement Cause For Spousal Support To End
Spousal support while still solely at the discretion of the courts has a statutory starting point, namely the Spousal Support Advisory Guidelines (“SSAG”). The courts have held that the SSAGs should always be the starting point and a Judge must indicate why he or she is diverging from that perspective. The SAGGs not only provide […]
Read MoreThe Courts Need To Be Run Like A Business
I am a lawyer that has practiced in Brampton Ontario for 40 plus years. While the judicial system is a fundamental pillar of our democracy, that is no reason for a businesslike approach not be applied to it. The Government for shortsighted economies has starved the support staff of the courts of funding, which in […]
Read MoreForcing Your Spouse To Have An Expert Determine Their Income
The court does have the authority to order a party to obtainan expert’s report to determine their income for support purposes. Recently, Justice Tremblay in the case of Sargalis foundin limited circumstances the court does indeed have the authority to order a party to obtain an expert’s report determining the potential payors income for the […]
Read MoreSettlements Far More Flexible Than Court Orders
On a practical basis, there is frequently a give and take in negotiations between spouses in which less of a property settlement is paid or received in return for an equivalent reduction or increase in a property settlement. However, in the event that the parties cannot settle, it is not within the courts’ jurisdiction to […]
Read MoreWhat is Probate – Part 2
To explain what probate is, we could do no better than paraphrase a statement by the British Columbia Court of Appeal. Probate is strictly speaking, the proof of a deceased’s will. In granting probate, initially court authorities and later, the civil court certifies that a document, put forward was indeed the deceased’s last will. A […]
Read MoreThe Many Basic Principles Of Custody
The following is an effort to provide a non-exhaustivelist in the most basic and summary of fashions of the laws that apply to custody and access in Ontario. The primary principle, the primary directive if you wish, is incorporated in section 24 of the Children’s Law Reform Act, the best interest of the child. Joint […]
Read MoreRest Easy – Multiple Wills Are Just Fine
Faithful readers of this blog will be aware of the earlier decision of Justice Dunphy of the Ontario Superior Court of Justice, who held as a result of a “basket clause” found in a standard precedent for Primary and Secondary Wills that the Secondary Will was invalid. All one needs to know is that as […]
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