Articles 2019

It’s hard to argue with the wisdom of Neil Sedaka, whose classic 1962 song captured an obvious truth: Breaking Up is Hard to Do. Thanks to the Ontario government, it just got a whole lot harder. Read the latest on changes to the Limitations Act.

The purpose of this article is to assist the Family Law Bar in drafting agreements which respond to changes in the law of pension division on marriage breakdown - it will give the user an overview of how and when to use newly drafted PBA pension clauses in DIVORCEmate’s Standard Form Separation Agreement (“SFSA”) and related Collaborative SFSA

I am convinced there is a problem inherent in the way that the Spousal Support Advisory Guidelines calculate spousal support for shared custody. This problem results in overpayment of spousal support by the payor.

In light of the recent Donald Sterling controversy engulfing the National Basketball Association, it is important to examine the difficulty Ontario family courts face when considering the admission of audio recordings into evidence, including when a recording is made without the knowledge and consent of the other party.

Even though courts in Ontario do not physically divide property between the parties in the context of family law disputes, they are often asked to determine ownership interests in property, order the sale of property, and determine whether a ‘constructive trust’ claim exists. As a result of such questions being asked, they are required to make orders with regards to property.

So why is family law so important? And just as importantly, why should new lawyers consider building a practice that includes family and children’s law? I offer five reasons for your consideration.