separation

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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What Happens to the Matrimonial Home or Family Residence on Separation?

Quite often when couples separate, the most significant asset owned by the parties is the matrimonial home.  In most cases, title to the matrimonial home is held jointly between the parties. It is not uncommon for parties to disagree about which party should have the right to “buy-out” the other’s interest in the property.  In …

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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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Financial Disclosure in Family Law Cases: Is it necessary?

Oftentimes when parties separate, the family law issues can be resolved by way of a Separation Agreement rather than commencing court proceedings.  When both parties are committed to negotiating a fair resolution to the issues that arise, a Separation Agreement can be a cost effective and efficient way to set out each party’s rights and …

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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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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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