The Role of Mediation in Family Law
Howard Nightingale » Family Law
by Howard Nightingale
1M ago
What if you and the person you have been living with cannot agree on separation or divorce issues? Do you need to go to court? No. You can try to reach an agreement out of court through family mediation. What is family mediation? Family mediation is a negotiation between two individuals, with someone’s help. It can be faster, cheaper, and more private than going to court. A neutral third party, known as a mediator, can help you communicate with each other and reach an agreement on issues, such as: support payments How to Protect Your Children’s Inheritance in a Divorce: Part 1 How to Protect ..read more
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A restraining order can protect you and your children
Howard Nightingale » Family Law
by Howard Nightingale
2M ago
Is your current or former partner harassing you after you have moved out, but you don’t want to call the police? Has this person threatened you, or menaced you about taking your child away from you, and the police tell you there is nothing they can do?   If you fear that your current or former partner might harm you or your children, you can ask the court for a restraining order in Canada. A restraining order A restraining order is a family court order to help protect the health and safety of you and your children. It can limit what someone can do, where someone can go, and who they can ..read more
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How to Protect Your Children’s Inheritance in a Divorce: Part 2
Howard Nightingale » Family Law
by Howard Nightingale
7M ago
Divorce is a complex process that can significantly impact division of assets, including the inheritance of your children and grandchildren. In this post, the second of a two-part series, we look at preventing your child’s spouse, whether married, common law, separated or divorced from your child, from claiming part of your child’s inheritance based on the “dependency” you created through your generosity during their marriage. Succession Law Reform Act (SLRA) The Succession Law Reform Act of Ontario governs the distribution of a person’s estate upon their death. Section 31 of the act deals wi ..read more
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How to Protect Your Children’s Inheritance in a Divorce: Part 1
Howard Nightingale » Family Law
by Howard Nightingale
9M ago
Divorce can pose challenges to protecting your children’s inheritance when it comes to the division of assets during a divorce. By understanding Ontario’s legal framework and taking proactive measures, you can ensure that your children will receive the inheritance you intend to provide for them. In this post, the first of a two-part series, we look at an important element of that framework, the tracing provision in the Family Law Act of Ontario. The Family Law Act The Family Law Act of Ontario regulates the rights of spouses and dependents regarding property, support, inheritance, and other ma ..read more
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How does marriage or divorce affect a Will in Ontario today?
Howard Nightingale » Family Law
by Howard Nightingale
1y ago
Recent changes to the Succession Law Reform Act (SLRA) that affect marriage and divorce In Ontario, it used to be that if you made a Will prior to being married, it would be revoked (or invalidated) upon marriage. Not anymore. Bill 245 Accelerating Access to Justice Act, 2021, which came into effect January 1, 2022, has made a number of changes to the Succession Law Reform Act (SLRA). Under the new rules, marriage occurring on or after January 1, 2022 does not revoke an existing Will in Ontario. And a Will made before marriage will continue to be valid. Write a new Will upon mar ..read more
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Let’s get electronic signing for legal documents to work for you!
Howard Nightingale » Family Law
by Howard Nightingale
1y ago
Hello 2023! At HNPC, we welcome the new year by continuing to help our clients adapt to electronic signing of all legal documents in the areas of Family Law, Corporate/Commercial and Real Estate Law other than certain types of mortgages, wills and estates. The majority of banks in Canada will accept this form of signature. The program we use is DocuSign eSignature, a proven, trustworthy platform used worldwide for the signing of critical and essential agreements. Below are the main features and benefits of electronic signature signing that will make a huge difference for you: User-friendlines ..read more
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Divorce Law: 10 FAQS about property and debts for common-law couples
Howard Nightingale » Family Law
by Howard Nightingale
1y ago
If you’re in a common-law relationship, what happens to your property and benefits if you separate, or if one of you dies? How do you settle your debts? Who will care for your children? To help you with this, here are some of the most frequently asked questions:    1. We’re not married. What happens to our pensions if we separate? Partners in a common-law relationship do not have a legal right to share in the value of each other’s pensions. When they separate, the pension plan member normally keeps the full value of the pension. They must share in the value of their pension only if ..read more
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Divorce Law: 10 FAQS about property and debts for married couples in Ontario
Howard Nightingale » Family Law
by Howard Nightingale
1y ago
It’s important to know how Ontario divorce laws apply to dividing marital debts and property. To help you with this, here are some of the most frequently asked questions:   1. We’re married. Do we have to divide our property if we separate or divorce? Yes. In Ontario, division of property acquired during a marriage must be split equally when a marriage ends for any reason. This can include your: home car business furniture pension However, there is property that is excluded from division: Property inherited by one spouse prior to the marriage Inheritance gained from a third party dur ..read more
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10 FAQS about Separation and Divorce Law in Ontario
Howard Nightingale » Family Law
by Howard Nightingale
1y ago
Going through a separation or divorce process can be difficult and time consuming. It’s important to understand your rights and choices. To help you with this, we’ve tackled some of the most frequently asked questions: 1. When you separate or divorce, you’ll need to make decisions regarding: Who will stay in your home Arrangements for the children: How your children will be cared for and where they will live Who will make decisions for your child Financial support, including child support and spousal support How you will divide property and debts 2. Can we resolve our family law issues wit ..read more
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Family Law: 10 FAQS about decision making and time with children
Howard Nightingale » Family Law
by Howard Nightingale
1y ago
Family law in Ontario involves both federal and provincial legislation. Both courts preside over issues related to decision-making responsibility (formerly called “custody”), parenting time (formerly called “access”), and child support… and it can be confusing. To cut through the noise, we’ve addressed some of the most frequently asked questions regarding decision-making and parenting time allowed with children: 1. With whom will my child live? In decision-making responsibility cases in Ontario, courts prefer that parents reach an agreement on these issues. If there’s no dispute, the court te ..read more
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