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Media Mentions

Federal Government Announces Proposed Changes to the Divorce Act

Posted May 28, 2018

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Federal Government Announces Proposed Changes to the Divorce Act

On May 22, 2018, the federal government tabled the proposed Bill C-78 (titled “An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act”) which would make significant changes to the Divorce Act and ...

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Could a Couple’s 30-Year-Old Separation Agreement Be Struck Down Now?

Posted May 24, 2018

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Could a Couple’s 30-Year-Old Separation Agreement Be Struck Down Now?

The couple had been married in 1969, when the woman was 15 years old, and the man was 21 years old.  They had no children.

They decided to divorce in 1985.  A year earlier they had executed a separation agreement, witnessed by their respective lawyers, in which they divided up their matrimonial property and agreed to release ...

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Wednesday’s Video Clip: We’re Here to Help

Posted May 23, 2018

Wednesday's Video Clip: We're Here to Help

Have a question? Send us a message, we're here to help.

Visit us at ...

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Mental Capacity to Marry, Separate, or Divorce

Posted May 22, 2018

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Mental Capacity to Marry, Separate, or Divorce

Recently I talked about the Family Law case involving Canadian boxing legend George Chuvalo, who is at the centre of a court battle between his two adult children on the one side, and his wife of 24 years on the other.  The key legal issue is whether the 80-year-old Chuvalo has the mental capacity to make his own decisions, including the one ...

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Judge Hopes “Sting” of Paying Full Legal Bill Brings Warring Couple to Their Senses

Posted May 17, 2018

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Judge Hopes “Sting” of Paying Full Legal Bill Brings Warring Couple to Their Senses

In a brief ruling on costs in an acrimonious family dispute the court tried to restore focus to the separated parents, who had each incurred $15,000 in legal costs for a set of motions and cross-motions that should never have been brought in the first place.

The parents’ ...

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Wednesday’s Video Clip: Can I log in to my spouse’s Facebook or other online accounts?

Posted May 16, 2018

Wednesday's Video Clip: Can I log in to my spouse's Facebook or other online accounts?

Generally you should not be accessing your spouse’s Facebook account unless you would normally do so. For example if you had a shared Facebook account during your relationship, it would still be acceptable for you to access it after a separation, but if you both had your own Facebook accounts and you would typically not access ...

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For Parents, Access Rights are a Given – But What About Step-parents?

Posted May 15, 2018

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For Parents, Access Rights are a Given – But What About Step-parents?

In the recent decision in Agmon v. James the divorced parents of a 9-year-old child were able to form a united front on at least one matter: – that the child’s new step-mother should not have access to him.

Since their split when the child was an infant, the parents had always co-parented without a court order or ...

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Court Orders Husband to Divorce Wife

Posted May 10, 2018

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Court Orders Husband to Divorce Wife

In a recent B.C. decision, the court grappled with whether it had the legal authority to: 1) order a man to take positive steps divorce his wife; and 2) uphold a Canadian-court-granted divorce in Iran, in circumstances where the Iranian courts themselves had refused to do so.

The couple had been married in Iran in 1994, where they entered into a traditional marriage ...

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Wednesday’s Video Clip: What are some of the do’s and dont’s of texting during your divorce?

Posted May 10, 2018

Wednesday's Video Clip: What are some of the do's and dont's of texting during your divorce?

DO text to discuss child custody and access.

DO text to provide or request information that you need from your spouse.

DO text to discuss the resolution of any outstanding issues resulting from your separation.

DO text to engage in any other polite communication with your spouse.

DO NOT text in an attempt to force or ...

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Wednesday’s Video Clip: If my spouse has committed adultery, am I more likely to get custody of my children?

Posted May 9, 2018


 

Wednesday's Video Clip: If my spouse has committed adultery, am I more likely to get custody of my children?

The Divorce Act states that the past conduct of a parent is only relevant when it shows that person’s ability to parent their children. Judges will consider the past conduct of a parent, but only as outlined by the Act. Judges also have to consider past cases that have outlined how to consider ...

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