But, I want to keep the House!!!

Negotiation is integral to resolving issues after a separation. When it comes to jointly-owned homes, successful negotiation may be the only path that enables one spouse/partner to keep the home. The Ontario Court of Appeal has held that the court does not have jurisdiction to order that one spouse convey his or her interest to…

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THE IMPORTANCE OF DISCLOSURE!

The implementation of the amendments to the Family Law Rules with respect to financial disclosure highlights the importance of disclosure in family law proceedings.  If this is not enough for parties to understand that financial disclosure is imperative to any family law matter involving financial issues, the recent decision of the Court of Appeal in…

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WHO GETS TO STAY IN THE HOME AFTER SEPARATION?

The answer to this question in the vast majority of cases is BOTH OF YOU! In accordance with the Family Law Act, when a couple is married both spouses have an equal right to possession of the home in which they ordinarily reside, namely their “matrimonial home”.   It is possible for couples to have more…

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Double Dipping and Pensions

One important issue for consideration upon the breakdown of a marriage, is what happens to the pension. Pensions are often one of the largest assets accumulated by the parties during marriage. They can be as, if not more valuable than matrimonial homes. When parties separate, their assets accumulated during the marriage are divided equitably through…

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ODSP Payments – How do they affect Child Support?

The recent Ontario family law case Senos v Karcz, 2014 ONCA 459 answered this question. Well, almost! The Court of Appeal held that receipt of Ontario Disability Support Program payments (ODSP) can, and in this case did, make the presumptive table amount under the Child Support Guidelines inappropriate. However, it did not go further and make a determination regarding…

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