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Should I Get A “Pre-nup” – Part Three

This is the final article of a three-part series. In the first article, we introduced the importance of cohabitation agreements and marriage contracts. In the second article, we provided a general summary of the differences in the law between married and common law spouses to further demonstrate the ways that a cohabitation agreement or marriage [...]

By | February 4th, 2021|cohabitation agreement, marriage contract|0 Comments

Should I Get A “Pre-Nup” – Part One

The two most common misconceptions we hear from clients on this topic are either:   That family law is the same whether you are married or common law partners; or   That there are no rights or obligations that arise from being common law unless you decide to get married.   As a result of these misconceptions, many [...]

Unmarried Couple With Separate Homes May Still Give Rise to Spousal Support

Many believe that spousal support only applies to married couples. In fact, common law spouses may be required to pay spousal support as well. When are common law partners considered “spouses”? Section 29 of the Family Law Act provides an expanded definition of “spouse” with respect to support obligations which includes either of two persons [...]

The Effect of Gifts, Inheritances, and Date of Marriage Property on Equalization

There is often the expectation that in family law, “everything is going to be divided equally”. While it is true that the Family Law Act provides for the equalization of family property for married spouses, equalization does not necessarily mean that you will divide everything that exists on the date of separation equally.   What are my property [...]

5 Reasons to Consider Mediating Your Separation

When couples decide to separate, many instinctively believe the first step is to retain a lawyer. Our clients often tell us they had no idea that the option to mediate their separation existed until they came across it online, or heard about it from a friend, family member, or colleague at work. For many, the [...]