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July 2017 Archives

Understanding excluded property laws can help in divorce

Family law in Ontario regard a marriage as an equal partnership between spouses. When married couples decide to divorce, each spouse's net family property is calculated and compared before a decision about a possible equalization payment is made. At the time of the couple's separation, the assets each party brought into the marriage -- excluding the matrimonial home -- will be taken out after debts and liabilities have been deducted. Each spouse can then receive 50 percent of the marital property along with his or her personal assets and any excluded property.

Marriage agreements can provide peace of mind

Times have changed, and many Ontario people have established careers and accumulated assets by the time they consider marriage. For that reason, marriage agreements have gained popularity over recent years. In the not-too-distant past, prenuptial agreements were primarily reserved for couples with substantial disparities between the incomes of the two spouses, or when one party is involved in a family business that must be protected in the event of a divorce.

What happens upon separation after marriage or cohabitation?

When common-law relationships or marriages end in Ontario, there is typically an extended period of living apart before the final divorce. It is important for spouses to sit down and discuss important issues that will be affected by their separation. Life goes on, and two homes instead of one may have to be run while parenting arrangements will be necessary if there are children.

Requirements for getting a divorce in Ontario

When an Ontario person considers ending his or her marriage, it might be wise to explore the requirements prior to starting the process. The criteria that must be met before the court will grant a divorce include the need for the couple to have been married under Canada laws or those of another country -- as long as the marriage is recognised under Canada laws. One of the parties must have been residents of Ontario for at least 12 months before filing for divorce, and he or she must also show that there has been a breakdown of the marriage.

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