There are so many myths out there about divorce, the divorce process, parenting after divorce, and more. I hear about these every day, and thought I’d take the opportunity to debunk some of these myths! Myth #1 – I need my spouse’s consent to get a divorce This is a myth. In Canada, we have what’s called “no-fault divorce” to get a divorce which means that you don’t need your spouse’s … [Read more...] about Top 5 Divorce Myths Debunked
Spousal Support
Effect of Bankruptcy on Separation and Divorce
How does bankruptcy affect on-going child and spousal support in separation and divorce? One of the key aspects of support payments is that they are generally considered non-dischargeable debts. This means that even if an individual is declared bankrupt, they are still legally obligated to continue making support payments. The Bankruptcy and Insolvency Act gives special consideration … [Read more...] about Effect of Bankruptcy on Separation and Divorce
Impact of Retirement on Spousal Support
In today’s blog we will be digging deeper into spousal support, specifically where one spouse retires. Why does retirement matter where spousal support is being paid? Very briefly, spousal support can be changed in one of 2 ways – either by doing a “review” of support, or a “variation” of support. In the context of retirement, spousal support could be “reviewed” if the court order … [Read more...] about Impact of Retirement on Spousal Support
Making Changes to Spousal Support
This article is a continuation from our article on spousal support basics which can be found here. Once spousal support is in place, how does it change as time passes? Once spousal support is documented by spouses, by court order or agreement, it will continue until some new condition arises. This article will cover 4 of the ways that spousal support can change: A specified hurdle … [Read more...] about Making Changes to Spousal Support
Spousal Support: The Basics
Spousal support is money that’s payable from one spouse to another when there’s a breakdown of a relationship. The federal Divorce Act as well as the provincial counterparts contain provisions that set out the objectives of spousal support, and the factors to consider when determining whether spousal support is appropriate. How do you determine if spousal support is payable? There’s … [Read more...] about Spousal Support: The Basics
Can you give a General Overview of the Divorce Process
Can I start by saying “it’s complicated”? Many people call our office with a “quick question” or tell us that their situation is “very simple”. While we can keep it simple by effectively managing the conflict and the expectations between separating spouses, very rarely is it “simple”. This blog will give an overview of the divorce process from start to finish, in Canada. Can you … [Read more...] about Can you give a General Overview of the Divorce Process
Top 6 Questions Asked by Separating & Divorcing Clients
In this blog we will reveal our Top 6 Questions that get asked by separating and divorcing clients. Question 1: I’m separating, what type of professional should I hire, and when should I hire them? The first thing I want to address is the cause and effect nature of this question – for many people, they recognize that they’re separating, and they automatically assume they need to hire a … [Read more...] about Top 6 Questions Asked by Separating & Divorcing Clients
What is an Interspousal Agreement?
People often ask what is meant by an Interspousal Agreement, and why one would be necessary after a separation or whether one should be signed during a relationship? It’s not something that is legally required, but it’s recommended in many circumstances whether separating or continuing to live together. Continue reading to find out more. What is an Interspousal Agreement? Is it the same … [Read more...] about What is an Interspousal Agreement?