The division of property during a divorce is a complex issue. While you’re potentially worried about where you are going to live, property used primarily for recreation like your cottage is also going to be important to your future happiness.
Here are some tips for protecting your cottage when you’re in the process of getting a divorce:
1. Know Your Advantages
According to the...
While divorce is largely about dividing assets, the post-divorce period often involves some continued contact, particularly in the management of any remaining shared property or social connections.
These aspects come together when resolving how to handle continued shared space like a cottage. Here are a few ways to make sharing your cottage easier on you both:
1. Sort out the legal aspect...
There is ample case law confirming that the beneficiary of a trust has a property interest for FLA purposes. Black v. Black, O.J. No. 1975, 18 R.F.L. (3d) 303 (H.C.J.); Brinkos v. Brinkos, O.J. No. 1140, 20 R.F.L. (3d) 445; and many others. I have never seen a case where a non-beneficiary of a trust was found to have a property interest in the trust for FLA purposes.
In Spencer v. Riesberry,...
Break ups are hard, but losing the friendship of your ex-boyfriend or ex-girlfriend is what makes it so difficult. The reason behind the break up determines whether you will remain friends with your ex or not. It’s easier to continue being friends with your ex if you had a solid friendship before you started dating. The following tips will help you establish a platonic relationship with your...
Are you afraid that your partner or former partner will hurt you or your children? If so, you can request the court to make a restraining order. A restraining order is a document issued by the court which instructs an individual to stay away from another person. The Family Law Act allows you to get a restraining order against a person you are or were married to, or against a partner you are or...
A prenuptial agreement is a marriage contract that a couple enters into when they are planning to get married. Prenuptial agreements allow couples to settle important family law matters for themselves, giving them more control over and certainty about the future than if those matters are left for a judge to decide. Coming to an agreement in advance also saves you the expense of going to court....
Men and women struggling through divorce suffer psychological side effects from the experience, though women are more likely to get affected than men mentally, emotionally, physically and economically. Not every aspect of divorce for women, however, is doom and gloom. As with any stressful experience, some who experience the challenge emerge stronger and better for it. The psychological...
One of the toughest decisions you can ever make in your marriage is whether separation is the right move for you and your family. Nevertheless, once the two of you have reached a mutual agreement to go through with the separation, the next crucial step is carrying it out successfully. One of the ways to avoid misunderstanding and stress during this period is to prepare yourself in advance. One...
Although family law, including those statutes pertaining to divorce and separation, differ from one province to another, many of the major provisions and concepts associated with these laws largely are the same across Canada. Although filing a marital separation agreement may require some slightly different procedures in each province, the overall process largely is the same from coast to...
When two people cohabit in a committed, marriage–like relationship, Canadian law defines it as a common law relationship. According to a recent survey, more and more couples in the country are opting for a common law relationship. Most of these couples do not understand their rights; in fact, most of them wrongly believe that they are entitled to the same laws as a married couple. The...