When a couple divorces in Ontario, the law presumes that each party contributed equally to the marriage. This recognition of equal contribution is particularly important in matters of property division. The law also presumes that the value of matrimonial property, which is generally property that was acquired during the marriage and before separation, will be shared equally. Property that you owned prior to the marriage…
If you and your spouse own a home and you’re going through divorce, then you have a number of options to weigh with regard to the property. Should you negotiate to buy your spouse’s share? Or does it make more economic sense to sell your share of the home and access your equity now? While every person’s situation is different, in most cases, buying out…
On a number of occasions, we’ve discussed legal issues that are specific to common-law spouses in Canada. If you are in a common-law relationship, then you are not automatically given the same property rights as couples who are legally married. However, depending on the circumstances, property owned by one common-law spouse may be divided with the other if the relationship ends. Whether or not common-law…
While the general assumption is that matrimonial property will be divided equally between divorcing spouses, the reality is that a truly fair settlement may not be a 50-50 split. In one of our previous posts, we discussed how each spouse’s net family property is figured and how those figures are used to determine which spouse will make the equalization payment. These determinations can be much…
There is a fundamental connection between all divorce-related matters, including matrimonial property, spousal support, child support and child custody. An oversight or lack of strategy in one of these areas could affect all of the others, so it is crucial that parties going through a divorce have legal counsel early in the process. If you have a pension, then it may be a particularly complicated…
While no one can predict the future with absolute certainty, it is possible in divorce and separation agreements to anticipate what might happen and plan accordingly. Your personal interest and your family’s interests may be at stake, so it is crucial that you have a written separation agreement that is enforceable in court. The agreement you sign with your spouse can be negotiated to address…