Divorce represents the dissolution of a marriage. For children, especially if they are young, it can seem as though their world is ending.
Children do understand that when their parents fight, they’re unhappy. They might not understand the deeper issues at play, and the announcement of divorce can still come as a shock. Children can respond with hostility. Read on to learn how you can...
Going through a divorce is an emotionally painful and stressful time. It can be even worse if there are children involved.
The Canadian Paediatric Society has come up with some tips to help children whose parents are going through a separation or a divorce. Read on to learn the best steps to take for your child right now.
What to Do During a Separation
Many couples separate before going...
When a marriage ends, it’s hard on both the partners. Your dreams of spending the rest of your lives together have disappeared.
Divorce can be especially difficult for children. Younger children and teens might not understand what’s happening. Their world has changed drastically, and they’re not sure how to proceed. Your children will be taking their cues from you, so your...
If a person has an interest in a Trust does it form part of their NFP?
To recap, 1n 1994, John White did an estate freeze. The result of the freeze was that he held $300,001 Class A preferred shares, with a fixed value of $1.00 each, in John White Family Holdings Ltd., and the John and Ann White Family Trust held ten common shares in Holdings.
Holdings, in turn, held 100 common shares of the...
Does a payor have an obligation to retain an expert to determine his income for support purposes?
There is little case law on expert determination of income. There is more case law on whether a spouse is required to obtain an expert valuation of property. That case law can be applied by analogy.
The onus of establishing the value of property is on the party owning it.
Michi v. Michi, O.J. No....
Are you entitled to an unequal division of net family properties because of the short duration of a marriage?
The parties began living together in their jointly owned home in October, 2011; married in June, 2012; and separated in August, 2014. They were married for 25 or 26 months and cohabited for a total of about 34 months.
Section 5(6)(e) of the Family Law Act provides for unequal division...
Can a temporary Order be varied prior to trial (if not change in circumstances)?
Your client had a lawyer and agreed to “set off” support, when the Wife should be paying support to him.
Varying a temporary order prior to trial with no change in circumstances
I don’t see any real possibility of varying Justice Stewart’s order unless the underlying consent can be attacked. See paragraphs...
If a person makes a greater contribution to the purchase of a Matrimonial Home, does this mean they are entitled to a greater interest in the home?
In the summer of 2011, the parties each sold their respective homes. In October, 2011, they purchased a home and began residing together in it. This home became the matrimonial home when they married. The price was $1,125,000. Mr. Black...
Is a person entitled to credit for overpayment of past spousal support and to termination of spousal support when the property issues between the parties have been determined?
(1) Should the entire date-of-separation value of White Holdings (“the Corporation”), a corporation of which your client, Mr. White, holds the preferred shares, be included in your client’s NFP; and
(2) Is your client...
If a person owns preferred shares in a holding company, which owns a trust, does the entire value of the Trust form part of that person’s NFP?
(1) Should the entire date-of-separation value of White Holdings (“the Corporation”), a corporation of which your client, Mr. White, holds the preferred shares, be included in your client’s NFP; and
(2) Is your client entitled to credit for overpayment...
