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Divorce & Separation

Child Support Guidelines

The Guidelines The Guidelines are a set of tables and a set of rules that prescribe the amount of child support a non-custodial parent should pay to the custodial parent. Tables set forth a specific amount of support depending on the income of the non-custodial parent...

Spousal Support Guidelines

The widely anticipated Spousal Support Guidelines were released in July 2008 by the federal government. I will discuss some background, the actual formulas and my preliminary views of these Guidelines. The full text can be found on the Department of Justice's web site...

Child Support Guidelines

The Guidelines The Guidelines are a set of tables and a set of rules that prescribe the amount of child support a non-custodial parent should pay to the custodial parent. Tables set forth a specific amount of support depending on the income of the non-custodial parent...

Inheritances and Gifts to Children

How can parents ensure that a gift to an adult child, or a bequest in their will to a child, will not be shared with a child's spouse if the child's marriage breaks down? There are several actions a parent can make to protect a gift or inheritance to a child. Before...

Procedure and Timing to Obtaining an Uncontested Divorce

An uncontested divorce may be obtained within three months after contacting the lawyer. This can be delayed if the Central Divorce Registry Clearance Certificate has not been received when applying for the divorce order. This search is controlled by the Court and not...

What is an Uncontested Divorce?

An uncontested divorce is one in which no relief is being requested other than a divorce, or the terms of the relief have already been settled by a Separation Agreement or Court Order. There would also be no problem in locating and serving the other spouse. If the...

Matrimonial Checklist for Separation Agreements

This is an overview of the basic subjects that are dealt with in a separation agreement so each party’s rights and obligations are clearly stated. Though the list is quite comprehensive there will still be situations that will contain other issues. Parenting (Custody...

Mediation

Mediation is an alternative process that separating couples may use to resolve their differences. In mediation, the couple themselves negotiate their separation agreement with the help of a trained mediator rather than have their legal counsel negotiate for them....

Processes in Family Law

Introduction There are a number of methods in a family law matter that the spouses may use to come to a resolution of the terms of their separation. The purpose of this article is to explain briefly the different methods by outlining how they work and what are the...

Determining Support

Determining the support issue is often the most difficult issue in a matrimonial dispute.  The law has evolved as governments have made major changes to support laws by introducing guidelines both for child and spousal support. Judges are also giving modern day...

Division of Assets

Upon separation, a common question asked is whether the husband and wife automatically share all their assets equally. The answer is yes and no. In a typical marriage…

Marriage & Cohabitation Agreement

How to Apply for a Marriage Certificate When Married in Ontario

Please note that the client must apply for their marriage certificate in the province in which they were married. Specific terms of applying for a Marriage Certificate are subject to change. Ontario Go to https://www.orgforms.gov.on.ca/eForms/start.do Scroll to the...

Marriage Contract Cohabitation Agreement Process

Though often thought of as simple inexpensive agreements which can done at the last minute before a marriage or when people will live together, Marriage Contracts and Cohabitation Agreements are very serious and very much needed and expected often, such as when the...

How to Apply for a Marriage Certificate When Married in Ontario

Please note that the client must apply for their marriage certificate in the province in which they were married. Specific terms of applying for a Marriage Certificate are subject to change. Ontario Go to https://www.orgforms.gov.on.ca/eForms/start.do Scroll to the...

Marriage Contract and Cohabitation Agreement FAQ

A Marriage Contract it is an agreement between two people getting married or already married that sets out their rights and obligations during their marriage, if they should separate or if one party should die. The contract with some exceptions can change the law...

Estate Administration

Administration of a Simple Estate

Executors or Estate Trustees often administer smaller or less complicated estates without the advice of a lawyer. In some cases Executors/Trustees believe they only require the assistance from a lawyer in order to produce notarial copies of the Will for financial...

Administration of a Simple Estate

Executors or Estate Trustees often administer smaller or less complicated estates without the advice of a lawyer. In some cases Executors/Trustees believe they only require the assistance from a lawyer in order to produce notarial copies of the Will for financial...

Resources – Estate Administration

www.hullandhull.com   This is an excellent site for wills by a Toronto law firm that is a leading law firm in the country for this area of law. There are a lot of articles and videos and podcasts of areas of interest. Your Law - Wills & Estates Merovitz Potechin has...

Preparing for an Easier Administration of an Estate

There are two main areas in which people can arrange their affairs to allow their estates to be more easily administered by their estate trustee (formerly called executor). The first deals with information and instructions that should be recorded. The second deals...

Administration of Estates

The purpose of this article is to explain in a brief way what must be done to settle properly the affairs of a person who has died. The first matter that must be resolved is to choose what person or persons are in charge of administering the estate of the deceased...

Wills & Powers of Attorney

Changing Your Will

The purpose of this article is to discuss how a person can properly change his or her Will, what happens if the change is done improperly and what effect marriage and divorce has on the Will.

Resources – Wills & Powers of Attorney

www.hullandhull.com   This is an excellent site for wills by a Toronto law firm that is a leading law firm in the country for this area of law. There are a lot of articles and videos and podcasts of areas of interest. Your Law - Wills & Estates Kenneth Pope has...

Wills Procedure

fter completing the Questionnaires and Asset Information Form, please make an appointment with my office. To better prepare for the appointment please review my "What Happens at Your First Wills Appointment" under Wills and Powers of Attorney on my...

Powers of Attorney

On April 3, 1995, the Ontario Government implemented many changes to the law regarding the financial and personal affairs of mentally incapable persons. This occurred when four related acts which include the Substitute Decisions Act, were proclaimed by the Government....

What to do when Death Occurs

The following is a simple guide of what to do when death occurs. For my clients: check the Will Manual for burial instructions, people to notify, location of documents. Contact the following: All Executors (Estate Trustees) named in the Will. Clergy if applicable. If...

Purposes and Meanings of Clauses in a Will

This article will explain the purposes, backgrounds and plain meanings of clauses found in my wills. A few of these clauses may be altered slightly to accommodate individual instructions. I have attempted to make my wills more readable and understandable to the...

Inheritances and Gifts to Children

How can parents ensure that a gift to an adult child, or a bequest in their will to a child, will not be shared with a child's spouse if the child's marriage breaks down? There are several actions a parent can make to protect a gift or inheritance to a child. Before...

Estate Planning for the Average Canadian

This article discusses in a summary way the many principles of estate planning that the average Canadian should know. The average Canadian is or was married or is living with someone, has children, owns a home, works or is retired and has or will have a family net...

Reasons for Changing a Will or Power of Attorney Checklist

The reason you may need to change your Will and Powers of Attorney vary. This article outlines the main areas and situations which prompt a need to change one's Will and/or Powers of Attorneys. The bottom line is that if any change takes place to the maker of the...

Reasons for Making a Will

A will allows one to decide upon one's death "who" gets "what assets", "when", and "who" looks after the estate and any trusts. A will may also allow one to state his or her preference as to who should have custody of one's child, though it is not binding on the...

Changing Your Will

The purpose of this article is to discuss how a person can properly change his or her Will, what happens if the change is done improperly and what effect marriage and divorce has on the Will.

Articles for Lawyers

Basic Management Principles for Lawyers

Introduction I will present, what I believe, based upon my studies and my experience, are some of the more important basic management principles that lawyers should consider to survive in the new millennium. Some topics are covered in more detail than others because...

Resources – Personal

Need an Entertainment Lawyer? Byron Pascoe is a lawyer at Edwards PC, Creative Law, Ottawa's creative law boutique. The firm works with creative industries (software, games, television, film, animation, advertising, music, mobile, web, publications, etc.) acquire,...

Basic Management Principles for Lawyers

Introduction I will present, what I believe, based upon my studies and my experience, are some of the more important basic management principles that lawyers should consider to survive in the new millennium. Some topics are covered in more detail than others because...

Technology Marketing and the Sole Practitioner / Small Law Firm

Introduction Marketing, more than most areas of management, is an investment of time that can produce a very large return or a very low return. Quite often it is the latter. Marketing mistakes are being committed by many companies and professional marketers. The...

Client Lawyer Relationship

Client Lawyer Relationship

A good working relationship between the client and the lawyer, especially in family law matters, will result in a better outcome, a smoother process, a lower account and a satisfied client.