What should I do if I am thinking about separating from my spouse?

The first thing that should be done is become informed.  It is incredible how many people have no idea about the financial situation of their family or their spouses.   Gather as many documents as possible to substantiate your respective assets and liabilities as of the date of marriage and the date of separation (ie. bank statements, financial statements etc.).  You should also make all...

How to Prepare for your Separation/Divorce

In some of our cases, the parties separation has been “brewing” for quite some time.  One or both parties may think about separating from their spouse, but they do not approach a lawyer.   He/she may be preparing emotionally and financially to separate from his/her spouse.  In other cases, a spouse may be surprised to learn that his/her spouse wants to separate.  It comes as a...

Finding a Divorce Lawyer

A separation/ Divorce is a very traumatic event.  It is important to find a Family/Divorce lawyer that you can work with and assist you during this difficult time in your life.  Some lawyers are willing to listen to your feelings while others are strictly business.  You have to decide which type of lawyer you want. (more…)

Insurance for Child Support

When there are children of the relationship, or a spousal support obligation, it is important to have a provision in any separation agreement dealing with life insurance. These provisions serve as security for child support/spousal support in the event that the support payor dies while the dependent is entitled to child/spousal support. (more…)

How to Work with a Lawyer

When you first meet with a lawyer, it is important to be organized.  It is always great when a client has all of his/her questions  prepared and ready to go.  Although it is not always possible to gather all of the necessary documents to substantiate your claims, it is great when a client has some documents to substantiate his/her claims and/or assets and liabilities.  When you are organized,...

Common Law Spouses and Unjust Enrichment

Common Law Spouses are defined as those couples that are not married and have a child or have resided together in a relationship for three years or more. (more…)

Financial Disclosure & Ontario Family Law

There is a recent decision of the Alberta Court of Appeal, Webb v. Birkett, wherein the court held that Family Law Lawyers, whether engaged in mediation, the collaborative law process, or any other process, has a duty to obtain full and complete financial disclosure, unless the client, being properly informed, waives the requirement. The Court of Appeal held that it is the duty of every lawyer...

Property Division – section 4(1) of the Family Law Act

When it comes to Property Division, determining your net worth on the date of marriage is usually difficult for most people.  If you were married for quite some time, most people do not keep their banking records.  Financial Institutions usually do not keep records for longer than six years. A Domestic Agreement, listing your respective assets and liabilities as of the date of marriage, would...