A high-conflict divorce makes an already difficult process harder. It describes a separation where spouses cannot communicate or cooperate, which leaves disputes over support, property, and parenting unresolved. In Ontario courts do not treat high-conflict divorce cases, as a separate category, however, it does provide parties with ways to resolve these disputes through the courts.…
Grandparents often step in when a grandchild’s care falls into question, yet many assume they have no legal standing to act. Grandparents can apply for decision-making responsibility of a grandchild in Ontario, but they do not hold automatic right to it. A court grants decision-making responsibility to a grandparent only when doing so serves the…
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,…
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…
A secondary will is a legal document that works alongside your primary will. It is designed to cover assets that do not need probate to be transferred to beneficiaries. Probate is a Court’s confirmation that the will is valid and that the named estate trustee has the authority to act and transfer to the beneficiaries.…