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Posts tagged ‘separation’

Differences Between Separation and Divorce in Ontario


 

Wednesday’s Video Clip: Differences Between Separation and Divorce in Ontario

A separation occurs when one or both spouses decide to live apart with the intention of not living together again. Once you are separated, you may need to discuss custody, access and child support with your spouse. You may also need to work out issues dealing with spousal support and property.

To legally end your marriage, you need a divorce, which is an order signed by a judge under the federal law called the Divorce Act

This video reviews ome of the issues to consider.

Ontario Divorce Law: Why Collaborative Practice Might be Right for You? Wednesday’s Video Clip

 

 

Ontario Divorce Law: Why Collaborative Practice Might be Right for You? Wednesday’s Video Clip

 

In this video, Divorce Lawyer Abi Adeusi, introduces the concepts of collaborative practice and many of the benefits this process offers couples going through a separation and divorce in Ontario.

Wednesday’s Video Clip: The Need for a Support System

 

Wednesday’s Video Clip: The Need for a Support System

In this short video Russell Alexander discusses the importance of having a support system in place when you go through a divorce.
 
At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. 
 
For more information, visit us at  www.RussellAlexander.com

5 Things That Make the Matrimonial Home Unique

5 Things That Make the Matrimonial Home Unique


In Ontario, once a marriage ends the property-division provisions of the Family Law Act are triggered and property is divided essentially in equal portions between the spouses, subject to certain rules and exceptions. One of those exceptions relates to the matrimonial home.
There are several aspects that make the matrimonial home unique.

1. The “matrimonial home” is strictly defined by the Act.


The term refers to any residence that is owned and “ordinarily occupied” by the spouses and their family on the day of separation. Provided it is a family residence, this can include any type of housing including condominiums and mobile homes. Note that there can be more than one matrimonial home: as long as it meets the legislative definition, even a second home such as a frequently-used family cottage can constitute a matrimonial home which is subject to the Act’s special rules.

2. Original ownership of the home becomes irrelevant after marriage.

If a spouse brings a home with them into the marriage and that home becomes the family residence, then the law deems it to be the matrimonial home, even though that spouse held title and was the home’s registered owner prior to marriage.

3. Once a home is designated a matrimonial home, both spouses are equally entitled to possession of it upon separation.


Once the spouses separate, neither of them can legally exclude the other from the matrimonial home, no matter who owned the home prior to marriage.

4. The matrimonial home is treated differently when dividing assets on separation.


Under the Family Law Act, the full value of a matrimonial home must be shared upon separation. This forms an exception to the normal rule that applies to the division of other matrimonial property, i.e. that on separation each spouse is entitled to deduct the marriage-date value of any property he or she brought into the marriage.

5. A matrimonial home can only be sold if both spouses consent.


If one spouse attempts to sell the home without the consent of the other, then any purported purchaser will take the property subject to the legal interest of the second spouse, or the transaction may be set aside by a court in the right circumstances. This same rule applies to an attempt by one spouse to mortgage or otherwise encumber the home without the knowledge or consent of the other.

If a consensus cannot be reached, then either spouse may apply to the court for an order that the home be sold.

More information about how the law treats the matrimonial home can be found at www.russellalexander.com.

5 Things to Consider When Parenting During a Divorce

Divorce can be a painful experience and parents may find it difficult to respond to the needs of their children, for extra emotional support and attention. To help your children cope with divorce, you need to learn to manage your own feelings and new circumstances. Like many other parents in similar circumstances, you can move forward and help your children move forward too.

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10 Things You Should Know About Child Support

The parent with custody of a child has the main responsibility for the day-to-day care of the child and has most of the ordinary expenses of raising the child. The other parent should help with those expenses by paying money to the parent with custody. This is called child support.

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Parenting During Separation and Divorce

Divorce can be difficult for both parents and children. To help your children cope learn to manage your own feelings.

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