Family/Matrimonial Law Archives

Interfamily Advances – Gifts or “Loans” In Divorce?

Over the last few weeks, we’ve discussed gifts and inheritances, and how these may be kept outside of the property division calculation in divorce. This week, we look at a tangent issue that has becoming increasingly common in the Western world – interfamily loans, both genuine and fabricated.

Protecting Gifts And Inheritances In Divorce

Last week, we talked about gifts and inheritances as exempt property, which don't have to be split between divorcing spouses. Even so, these assets may lose their special status if a number of conditions are not met and precautions are not carefully set in place.

Gifts And Inheritances – Divisible in Divorce?

In a previous post a few weeks ago, we took a bird’s eye view of assets considered to be “excluded property” in divorce – the ones that ex-marriage partners don’t have to share. This week, we drill deeper on two of those exceptions: inheritances and gifts. As with almost all areas of laws, there exist even more exceptions to these exceptions.

Property Division – Splitting Up The Matrimonial Home In Divorce

In the last few weeks, we began another blog miniseries about the matrimonial home. We talked about the number and form that it can take, as well as the question of who gets to stay after ex-spouses split up. This week, we look at what the law says about splitting this typically single largest, shared asset in divorce.

The Matrimonial Home – Who Gets To Stay After Separation?

In our last post, we looked at the basic definition of a matrimonial home. At the very end of the divorce process, married couples share the financial value of this significant family asset. But before that happens, the two parties typically face a key question: who stays and who leaves?

Dividing Property In Divorce – Arriving At An Equalization Payment

Last week, we provided a quick 101 on how divorcing couples split family property. Contrary to common perception, ex-mates don't share 50/50 in all property, but only the value acquired and accrued during the marriage. This week, we drill down on the number crunching that lets both sides walk away on equal footing.

Clarifying The Concept Of 50/50 Property Division In Divorce

It’s commonly perceived that when a married couple calls it quits, both sides split all family property down the middle. In fact, unless the couple has a legal agreement stating such, that notion is not strictly true in Ontario. Our post this week provides a quick 101 on how the law sets the rules on property division in divorce.

Separation Terms – When Ex-Partners Want Them Changed

A separation agreement or court order sets out decisions on matters such as financial support, child custody and property division after separation or divorce. What happens if one party – or both – no longer agrees with the terms and wants a change?

Holiday Check-In: Traveling With Children After Separation

The festive season has arrived, the kids will soon take winter break, and many families will depart for trips across provincial and national borders. It’s a wise time to review a few basics on post-separation travel with the kids. Failure to stay within applicable parameters could land a parent in legal hot water – along with extra time, expense and inconvenience of being delayed or even blocked from travel by border guards.

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