Can you get remarried in Canada if you have a foreign divorce? The answer is YES. However, if you are hoping to get married in Ontario but have a divorce that was granted in a country other than Canada, there are a few extra steps that are required before a Marriage Licence can be issued to you. Here’s how you can get prepared and ensure everything goes according to plan before your wedding date. Understanding the process If either you and/or your spouse has a Divorce Decree or Judgment from another country, you must obtain authorization from the Registrar General in Ontario via Service Ontari ..read more

with the assistance of law student Hannah Smith This is the final blog in our three-part series on intimate partner violence (IPV), also known as domestic violence. In our first blog, readers were provided with a broad overview of what IPV is as well as some potential resources available for survivors of IPV who are facing family law issues. In our second blog, we reviewed how IPV intersects with both family law and criminal law in different ways, which can lead to confusion for IPV victims. In this blog, we will go into more detail about how IPV can impact children – and how a family law cour ..read more

The law is complex and, for those unfamiliar with it, interacting with the legal system is often an overwhelming experience. Here’s what I’ve observed as a law student aspiring to become a family lawyer: in the context of family law, that overwhelming feeling is often paired with a lot of other emotions, such as sadness, frustration, anger, or betrayal. When the complexity of the law is taken alongside the nuances of practising family law, the significant impact a family law matter can have on each individual and the family, as well as the unique history shared between the parties, the stakes ..read more

Image this scenario: A couple gets married, and shortly afterwards one partner’s parents give her $50,000, which she uses as a down payment for the purchase of a home. The spouses move in to the home and live together in it. The parents tell their daughter she should pay them back when she can; however, no amounts are ever repaid, and no loan agreement is ever signed. The couple separates six years later. How does this affect the rights of the couple with respect to their property and what they may owe to the other? Is the $50,000 a gift or a loan from the parents to their daughter? This is a ..read more

with the assistance of law student Hannah Smith This is part two of a three-part series on intimate partner violence (IPV), also known as domestic violence. In our first blog, readers were provided with a broad overview of what IPV is as well as some potential resources available for survivors of IPV who are facing family law issues. In this blog, we will examine how IPV intersects with both criminal law and family law. It is possible that your situation encompasses both areas of law, which can lead to confusion. In our third blog, we will go into more detail about how IPV can impact children ..read more

with the assistance of law student Hannah Smith This is the first in a three-part series on intimate partner violence. It is intended to provide an overview of what intimate partner violence is, as well as an outline of potential resources for survivors of intimate partner violence who are also facing family law issues. In our second blog, we will discuss how intimate partner violence intersects with both criminal law and family law in Ontario. Our firm focuses on assisting those facing family law issues, but it is possible that your situation encompasses both areas. Finally, in the third blog ..read more

Getting married? Congratulations! As you plan for your wedding day, it’s also important to plan for the rest of your married life… and that means taking some legal aspects into account. Here’s our pre-wedding legal checklist to consider. 1. Your Will Having an up-to-date Will allows you to decide who would be in charge of administering your estate after your death, who would receive any net assets of your estate, and who would be appointed as the temporary guardian of any minor children you may have. It is important to note that, as of January 1, 2022, marriage no longer revokes an existing Wi ..read more

Lisa and Jack were married for 12 years. They have two children, ages 5 and 10. During the marriage, they moved to a small northwestern Ontario community when Lisa got a promotion. Jack was unable to find full-time work as a teacher, and became a supply teacher instead, for a significantly lower income. However, the arrangement gave the family flexibility around child care because Jack was able to pick and choose his work assignments, and Lisa was able to travel for work and advance her career. Jack requested the separation after Lisa discovered he was having an affair. Is he entitled to spous ..read more

Hiring a lawyer to assist you with your divorce or separation can be intimidating and stressful. And it’s certainly true that having a lawyer represent you can be expensive. Our courts are seeing more and more self-represented parties in family matters. These are individuals who have decided to work through the process (either completely, or for a time) without a lawyer. The reasons for this vary: for some, it’s the cost of retaining a lawyer; for others, it’s the perception that they can navigate the system on their own (or that lawyers don’t help). For many, it’s a simple lack of understandi ..read more

There is a common misunderstanding on what the terms “custody” and “access” mean. First, it’s important to understand that the Divorce Act (which applies in all of Canada), and other provincial legislation in Ontario changed the terminology as of March 1, 2021. Custody is now referred to as “decision-making responsibility” and “access” is now called “parenting time.” It is often misunderstood that “custody” of a child is about who the child lives with or how much time the child spends with each parent. However, custody essentially means decision-making power. Child custody (now “decision-makin ..read more