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January 2019 Archives

Family law: What to do when spousal support isn't being paid

When a former spouse agrees to pay spousal support and then reneges, it can be frustrating and may create financial hardship. But family law rules in Ontario dictate that there are things that can be done to try to enforce an order, but only under certain conditions. It can be rather tricky if either party has moved out of the area in which the order was granted.

Ontario family law: Common law couples and sharing of pensions

People work hard to establish a solid pension. In the event of divorce, however, family law in Ontario has certain rules when it comes to the sharing of those pension funds. When it comes to federal pension plan funds, much depends on whether the couple was married or in a common law union. Common law couples can apply to have Canada Pension Plan (CPP) funds divided as long as the couple had been living together for at least a year.

Co-parenting may be challenging after divorce

There are many reasons a marriage breaks down, but chances are, by the time things get to that point, the individuals may not be too fond of each other. When children are a part of divorce in Ontario, their best interests must always be at the forefront, and that means reigning in the desire to badmouth the other parent in front of them. Co-parenting can be challenging, but when parents agree on one fundamental issue -- that their kids' feelings come first -- the likelihood of saying disparaging things in front of them may dissipate.

When there's a need for a child custody assessment in Ontario

One possible contentious issue in a divorce case for couples who have kids is determining who will become their primary guardian. If parents can't agree on child custody, they may need to get the help of an assessor who will provide an Ontario family court judge with a report after his or her findings. Assessors are usually those in helping professions such as social workers, psychologists or psychiatrists, or other mental health experts. 

Marriage agreements: Will a prenuptial agreement kill romance?

When a relationship is new, a couple is starry-eyed in love. Everything is going so well, they get engaged and then ... bam ... one of the partners brings up a prenuptial agreement. When it comes to marriage agreements in Ontario, the prenup, as it is usually called, has a bad rap of being a killer of romance. But many couples are realizing that doesn't have to be the case and that a marriage contract can benefit both individuals. 

Family law in Ontario: Leaving an abusive relationship

No one deserves to be abused, nor should they be expected to stay in an abusive relationship. There are steps to take under family law in Ontario to leave such a relationship and get a court order to allow a judge to make some decisions about the situation. If abuse is part of the problem, getting a temporary order for protection of self, children and financial rights may be the first place to begin.

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