cobourg lawyers

Voluntary retirement: Is it grounds for termination of support?

The short answer to the title question of this blog, as with most legal issues, is “it depends”.  This question was most recently considered by the Court of Appeal in their decision in Savage v. Savage, released December 13, 2019.  In the Savage case, the trial judge found that the spousal support payor’s retirement from …

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Amendments to Canada’s Divorce Act: changes affecting custody orders

Canada implemented the Divorce Act in 1985.  The Act defines how various legal matters are dealt with upon the breakdown of a relationship between married spouses.  In addition to addressing the dissolution of a marriage, the Divorce Act deals with several corollary issues, including decisions around children and parenting. The existing legislation has recently been …

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Three tips to help prepare for the first meeting with your Family Lawyer

One of the first steps many people take following a separation or when they are considering separation is to consult with a Family Law lawyer who can provide advice about the rights and obligations that arise following a separation.  As Family Lawyers, we know that the first meeting with your lawyer can be stressful, intimidating …

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Options to Consider in Difficult Custody and Access Cases

One of the often more difficult areas to resolve in Family Law cases are those involving children. In Family Court, when the judge makes a custody/access Order they must do so in the “best interests of the child”.  There are a number of different factors enumerated in the Children’s Law Reform Act  that are used to assist …

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Limited Scope Retainers & Unbundled Legal Services in Family Law

In many cases a person going through the separation process is unable, due to financial circumstances, to retain a lawyer for representation throughout the court process.  In other cases, a person may want to represent himself or herself in court but requires periodic assistance from a lawyer as the case proceeds from one step to …

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Section 7 Expenses, Part 2: Child Care Expenses

Today’s blog is the second installment in our series dealing with “Section 7” expenses, the first of which addressed a parent’s obligation to contribute towards their child’s post-secondary expenses.  Another Section 7 Expense that is often claimed in family law cases relates to the cost of childcare. For a childcare expense to fall within Section 7 of the Child …

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Equalization of Family Property: Beware of Exceptions in Ontario’s Family Law Act

The general intent of the Ontario Family Law Act regarding the division of property owned by married spouses is to equalize the increase in each spouse’s net worth from the date of marriage to the date of separation.  For example, if one spouse’s net worth increased by $200,000.00 during the marriage and the other spouse’s net worth …

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