A Power of Attorney (POA) does not have to be permanent, and as long as an individual is mentally capable of making a Power of Attorney, they can cancel or revoke it. Whether the attorney wants to step down from the role or the grantor wants to cancel the document entirely, the Substitute Decisions Act,…
Many couples immigrate to Canada together, but relationships can change over time. If you are considering separation or divorce, you may be wondering what legal steps to take. Ontario courts recognize foreign marriages as long as you meet specific requirements. The federal Divorce Act governs the divorce, while Ontario’s Family Law Act governs how the…
A Waqf is an Islamic endowment of property, typically used for charitable or religious purposes. It is similar to a charitable trust in Western legal systems. The term “waqf” originates from the Arabic word “waqafa,” meaning to hold or to separate. Essentially, a waqf involves donating assets, such as land or money, to be used…
Separation after a short term marriage carries one very common legal misconception: that spousal support does not apply. However, under the Family Law Act and the Divorce Act no minimum marriage length exists before a spouse can claim support. Courts across Ontario have awarded spousal support after marriages that lasted fewer than three years, and…
A Mahr, Meher, or Maher is a mandatory gift or payment that a husband commits to providing for his wife under Islamic marriage law. The amount and terms are agreed upon at the time of the Nikah ceremony and form a fundamental part of the Islamic marriage contract. In Ontario, a Mahr agreement exists simultaneously…
A non-disparagement clause is a provision commonly included in an Ontario separation agreement that restricts each party from making statements that could harm the reputation of the other. In Ontario, separation agreements are domestic contracts governed by section 54 of the Family Law Act. This clause may be enforceable if the agreement is legally valid.…
Ontario law divides property through equalization of Net Family Property, a process that compares the increase in each spouse’s wealth during the marriage. The spouse with a higher amount typically pays an equalization payment to the other. That being said, the division of a matrimonial home follows different rules. Under section 18 of Ontario’s Family…
Spousal support is one of many issues in a high conflict matter in Family Law. The most contested piece of spousal support is quantum and duration. However, most people forget that before these two issues are determined, it is important to establish entitlement to spousal support. Entitlement is a threshold issue, and is determined under…
In Ontario, domestic contracts such as separation agreements are governed by Part IV of the Family Law Act. What Is a Separation Agreement? A separation agreement is a domestic contract entered into by spouses who have separated or intend to separate. This Agreement outlines the parties’ rights and responsibilities including: For a separation agreement to…
In Ontario, the phrase irreconcilable differences is most commonly used to describe the breakdown of a relationship. While this term matters for divorce, it becomes far more complex when children are involved. Parenting Plan is a written, often legally binding document that outlines how separated and or divorced parents will raise their children. Parenting plans…