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Family Law

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What You Need to Know About Inheriting Property in Canada

Alimony after Your Divorce

Inheriting Property - Probate, Wills & Estate in Canada When dealing with the death of a loved one, the last thing you want to worry about is the hassle of probate court. An experienced Canadian estate lawyer can help you develop a plan to ease the burden on your loved ones after you are gone. If plans have not been put in place, an estate lawyer can help protect your legal rights throughout the probate process. Call Nanda and Associates at (905) 405-0199 to schedule a consultation with one of our experienced Mississauga probate lawyers. How to Inherit Property When There is...

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Will You Get Alimony after Your Divorce?

Alimony after Your Divorce

Divorce often presents many complicated financial issues. It is important for those facing divorce to consult with a lawyer about their legal rights. Alimony - also known as spousal support or spousal maintenance - can be worth hundreds of thousands of dollars over a lifetime and have a significant impact on your post-divorce quality of life. Don’t leave your legal rights to chance. Call Nanda and Associates at 905-405-0199 to schedule a consultation with one of our Mississauga divorce lawyers. Our lawyers have experience both pursuing and defending alimony claims. How is Alimony Determined? The Divorce Act governs spousal support awards under...

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Ontario Court awards disputed frozen embryo to ex-wife

In a precedent-setting case, an ex-wife has been allowed to be implanted with a frozen embryo which was purchased by the now-divorced couple. An Ontario Court ruled in S.H. Vs D.H. that the ownership of the embryo was decided from the clauses in the contract which the ex-couple signed. In the pursuit of fertility, the ex-couple got the embryo which was created from donated eggs and sperm and resulted in a son. Superior Court Justice Robert Del Frate said that no law decides on the disposition of the embryo when none of the parties has a biological connection to it. Buyer’s remorse...

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Social Media Activity Becomes Bone of Contention in Family Law Case

Social media is an effective online platform enabling people to share information and remain connected in spite of large physical distances. Increasingly they are playing a pivotal role when relationships are dissolving and affecting families. In fact, in family law cases, information on social media platforms like Facebook, Twitter and Instagram are being cited as crucial evidence. Electronic communications on such platforms have implications which extend to the legal arena as well. Communication on messages, tweets, online chats, e-mails are all allowed to be used as evidence and can affect a person’s legal interests. Case Facts In a recent case of Cooper v....

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What Do Common Law Partners Receive When They Separate?

Introduction If you are cohabiting with your common-law partner, you may have wondered what would happen if you both separate in the future. Well, you are not alone. Many couples in a relationship or about to enter a new common-law relationship have this apprehension when they want to safeguard their assets from the impact of any future separation. What Happens in a Common Law Separation? So, if you are paying down most of the mortgage on your house, you may wonder whether your common law spouse has a share in the house. The answer to that depends on a variety of factors. If the house...

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Establishing Time Limits on Spousal Support Waivers

spousal-support

Establishing time limits on spousal support waivers can act as a positive force to reduce the possibility of Cohabitation Agreements challenges. Case Facts Recently, the Ontario Court of Appeal upheld a cohabitation agreement which barred both the parties from making spousal support claims. The cohabitation agreement was signed in 1997 when the parties were living together. At the time of litigation, the couples were married with two children. In Court, the contract was sought to be nullified by the wife on the premise that it did not seek to meet the Divorce Act objectives. Decision and its Legal Implications Ontario’s highest court sided with the...

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The Eligibility for Child Support for Adults with Disabilities

An Ontario Court of Justice case, Coates v Watson, has broadened the child support eligibility for adult children with disabilities of unmarried parents. Previously, under Ontario’s Family Law Act governing unmarried parents, adult children were eligible for child support only if they are in full-time school. However, under the Divorce Act, an adult child who is unable to live independently due to disability, illness or other reason, is eligible for support. In this case, the Judge adopted the Divorce Act wording, and matched the federal and the provincial legislation and brought them on an equal level. This ruling enables adult children with...

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Custody and Access Jurisdiction – When Does the Court Decide?

The court’s jurisdiction to determine custody and access issues for children not habitually resident in Ontario: McLeod v Peppe, 2018 ONSC 2364 In a recent case, McLeod v Peppe, the court assessed when an Ontario court has jurisdiction to decide a custody and access case where the child is not habitually resident in the province. Background and Issue: The Applicant, Bradley Thomas McLeod (the “Applicant Father”) and the Respondent, Louise Ann Peppe (the “Respondent Mother”) have one child of the marriage, namely Linden Laverne Peppe McLeod, born February 26, 2015 (“Linden”). The parties married in the State of Utah on August 16, 2010....

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Spousal Support:Tax Implications

Spousal support is to support a spouse or common-law partner as stated in a court order or written agreement. Under the Divorce Act, a married spouse or a divorced spouse may apply for spousal support. Alternatively, the following parties’ may apply for spousal support under the Family Law Act: Either of two persons who are married to each other or have together entered into a marriage that is voidable or void in good faith; Either of two persons who are not married and have cohabitated continuously for a period of not less than three years; and Either of two persons who...

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Family Law: What is Changing?

Divorce can be challenging, stressful and painful. It is at once a personal battle, as well as a legal one, for married spouses to face. For a self-represented party, it is especially cumbersome to navigate the court system, to understand the applicable legislation (i.e. the Divorce Act) and to comply with the rules of procedure. The time-consuming, expensive, and conflict-driven family law system adds an extra layer of difficulty to an already complex situation. The challenges that come with divorce proceedings are further exacerbated when children of the marriage are involved. Instead of prioritizing what is in the best interests...

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