If you have children, your Separation Agreement will include a “Parenting Plan” that sets out details of the parenting schedule and parenting responsibilities. We make your Parenting Plan as detailed as possible, but sometimes, conflict may arise with the enforcement and/or interpretation of the terms of a Parenting Plan.  When faced with conflict, parents often bring the matter back to Court for resolution - but this process is time consuming and expensive. Rather than running to Court to resolve the issue, there is another way to resolve parenting disputes: that is, retaining a “parenti ..read more

Ontario courts do not have the jurisdiction to make orders against foreign immovable property[1]. This principle is often conflated with the obligation to include assets located outside of Ontario in the calculation of net family property, such that foreign assets are left out of the equation.  Pursuant to the Family Law Act, property is broadly defined as “any interest, present or future, vested or contingent, in real or personal property.”  This definition easily captures assets outside of Ontario.  Equalization does not call for assets themselves to be divided between spouses ..read more

Years ago, I had a consult with someone who was going through a separation, and I will always remember this person. I went through the implications of the marriage and what entitlements and obligations arise from the marriage and the breakdown of marriage, and the various issues that would need to be resolved. When I finished, I was met with a few seconds of silence; the wind was just taken from their sails. They then looked at me and asked deflated, “why doesn’t anyone tell you any of this when you’re getting married?” Well — the process of entering into a Marriage Contract is exactly this. I ..read more

The matrimonial home is an asset that clients are frequently confused about.  Most understand that it is special and treated differently from other assets but have a distorted sense of why, believing that:  ●      Regardless of how title is held, they have an ownership interest in the matrimonial home and are automatically entitled to half the value of the property;  ●      There can only be one matrimonial home;  ●      The term matrimonial home and principal residence are interchangeable;  ●&n ..read more

Going through a separation/divorce can be a very stressful process that most people have never experienced before. Your first initial consultation with a lawyer could be overwhelming, so here are a few tips to ensure that you have a productive meeting with the lawyer you meet with: ? Write down specific questions you have for the lawyer. ? Have a pen and paper (or Word document open) to take notes. ?Have some general knowledge of you and your spouse’s income, assets, and debts. ? Consider when your “date of separation” is. ?If you have children, consider what type of parenting schedule you ..read more