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divorce law
The Liberals' proposal would put a more comprehensive focus on children's rights and domestic violence for the first time in two decades.
Spousal support is evolving from the traditional role of a man supporting a woman financially. It's time the courts in Ontario reflect this.
The PM's behaviour has provoked concern and anger from MPs and Canadians all over the country. What are the potential legal consequences of the PM's shoving and manhandling? Well, threatening, hitting, kicking, punching, harassing and shoving another person are all offences punishable under the Criminal Code of Canada.
The shift: divorce and other complicated family dynamics mean closer ties between the two worlds of family law and estate law. As family dynamics shift away from the previous norm of a single traditional marriage and nuclear family, and toward increasing numbers of second and subsequent marriages, blended families, and common law relationships, the need for estate planning becomes a more pressing and complex concern.
The moment the judge said in the court that my divorce is granted and asked if there was anything else I wanted to add to the list of wishes granted on my behalf, it was a no-brainer -- I wanted my name back. Little did I realize then the implications it would have for days, months, and years to come.
Recently, Great Britain has taken enormous strides in law reform and in rationalizing the legal system to address current trends in family law matters. They are now considering legislation that would lead to the presumption of shared parenting upon relationship breakdown. Perhaps it is time for Canada to follow again.
We are marrying less. Our divorce rate continues to climb (notwithstanding Statistics Canada's claims to the contrary). What's going on? In my 35th year of practice, I am witnessing what I believe to be a tidal wave of change in our views and attitudes towards marriage and divorce.
What about folks who are not legally married? What if both of them contribute to the wealth, but everything is in only one person's name? Is there any recourse for the non-titled party? The short answer is "yes," and one of the most important cases in 2011, Kerr v. Baranow, clarifies exactly the correct approach in such matters.
"Getting half" is not the way it works. Instead, a one-time payment is made in order to equalize the difference between the spouses' increases in their net worth from marriage to separation. That is very different from halving everything.
