Couples may have many reasons for not getting married, but when a common law partner dies without a will, the living partner is left legally vulnerable. When an individual dies without a will, the will does not comprise the whole of their estate, or if the will is invalid, the estate will be divided up in accordance with the laws of intestacy. The law of intestacy will distribute the estate based on degrees of consanguinity; essentially meaning how closely related individuals are to the deceased. Here’s what you need to know: The Succession Law Reform Act On intestacy, the spouse of the deceas ..read more

In Canada, both the federal and provincial governments have roles in regulating family law, however, it is the federal government that oversees marriage and divorce. The concept of common law marriage, and how we generally understand it, is largely based on the American legal system. In Canada, we typically use the term unmarried cohabitants or “common law spouses” to represent that couples living together are not considered married for family law purposes, no matter the length of time they have been cohabiting. What qualifies as a common law partner or spouse according to provincial governmen ..read more

If you have made the decision to separate, or if you are currently contemplating separating from your partner, it is important to know right from the start that there are options besides going to family court to become legally separated and/or divorced. Separation Concerns When clients initially contact me about separating, they often express some, or all, of the following concerns: Worries about the cost to separate as they don’t have the financial means to go through a costly legal battle with their ex; Worries that the separation process is going to become ugly and create added stress for ..read more

Alternative Dispute Resolution (ADR) allows parties to resolve disputes without traditional litigation. In family law, ADR can offer separated spouses a less expensive and more flexible path to resolution. This blog post provides a brief overview of the different types of ADR. Alternative Dispute Resolution in Family Law Mediation Mediation is a method of ADR where parties work with an impartial, third-party mediator who facilitates a negotiation between the parties. A mediator cannot provide legal advice nor make decisions on issues, but can help spouses determine their best options, allowing ..read more

The Holiday Season is upon us. Whether you are celebrating Christmas, Chanukah, Kwanzaa, New Year’s, or another special occasion, the most wonderful time of the year is near! But what about those families who are coping with separated parents during the holiday season? The holidays are usually filled with family, friends, lots of food, and endless joy, but for some separated parents – in particular, those who will be celebrating their first holidays this year since their separation – it can be a particularly stressful time. For instance, it may feel unimaginable not to have your children in yo ..read more

I am sure that we can all agree that the COVID-19 pandemic has turned everybody’s world upside down. It has been, and continues to be, a stressful time for all, but even more so for those who are co-parenting their child(ren) with their ex-partner. Co-Parenting During COVID-19 Over the past few months, I have received many inquiries regarding issues concerning parents’ access/parenting time during the COVID-19 pandemic and whether there is justification for changing the existing schedule. Here are a few key points that the Courts have provided guidance on: The basic presumption is that parent ..read more

As we all continue to take a day-to-day approach under the present circumstances, and with the warmer weather just around the corner, there is the possibility that a number of seemingly “less urgent” items may start to slip our minds. Given that most of us are spending more of our days at home than ever before, there is no better time to do a check and ensure that some of these items are not missed: New Homebuyer Post-Closing Review For anyone who recently bought a home: If it was a new home purchased under TARION warranty, we recommend that you double-check your TARION documents to ..read more