A Vesting Order Can Transfer Property if a Payor Spouse Does Not Meet Their...
A vesting order enables a court to transfer property ownership from one party to another. In family law cases, a person may seek a vesting order when the recovery of equalization or support payments...
View ArticleCan a Third-Party Creditor Have Priority Over a Former Spouse to Jointly Held...
Property can be held in joint tenancy, meaning each joint tenant holds an undivided interest in the entire property. So what happens if one tenant has outstanding debt and a third-party creditor tries...
View ArticleA Payor’s Blameworthy Conduct Can Impact an Order For Retroactive Child Support
Courts have discretion in setting the starting date of child support and are able to make retroactive support orders. Courts have held that retroactive awards are not exceptional, and that they simply...
View ArticleCan a Penalty Clause in a Family Law Court Order be Enforced
There is a common law rule that courts will not enforce a penalty clause in a contract. However, the terms of family law agreements and minutes of settlement that parties consent to are frequently...
View ArticleCan a Judge Reject a Settlement Agreement?
Courts encourage parties to negotiate and to try to resolve issues to reach a settlement and avoid a trial. Most parties will assume that if they can reach a resolution, and if both are represented by...
View ArticleYour Separation Agreement Impacts Whether Spousal Support Payments Are Tax...
In Canada, if certain conditions are met, spousal support can be tax deductible for the party paying support and is considered taxable income for the recipient. However, there are requirements that...
View ArticleLife Insurance Can Secure Support Payments
After a divorce or separation one party may have an obligation to make spousal support payments. So what happens if the support payor dies while the obligation is outstanding? Courts can require a...
View ArticleWhen Can an Ontario Court Supersede a Foreign Child Support Order?
When parties have obtained a foreign divorce and the issue of child support is dealt with under the foreign judgement, is there jurisdiction for Ontario courts to later make an order dealing with the...
View ArticleCan an Ontario Court Make an Order Dealing with Overseas Property?
During a relationship, a couple may purchase or acquire an interest in property located outside of Canada. Under Ontario’s Family Law Act (also referred to as the “FLA”), a matrimonial home is one...
View ArticleWhen is Prejudgment Interest Granted in Family Law Cases?
A party who is receiving an equalization payment can ask the court for prejudgment interest on the amount that is owed. The Courts of Justice Act provides that a party entitled to the payment of money...
View ArticleCommitment to Maintain Life Insurance in Separation Agreement May be...
Parties can negotiate separation agreements that require a payor to maintain a policy of life insurance so there is a source of funds available in the event of the payor’s death. These funds can secure...
View ArticleLack of Due Diligence Does Not Invalidate a Marriage Contract
In today’s world, people have a significant amount of freedom regarding the arrangements they can make in familial matters. An example of this flexibility is a marriage contract, also known as a...
View ArticleWhen Must Confidential Business Records be Disclosed in Family Proceedings?
A divorce imposes disclosure obligations on the spouses and the production of documents that can contain sensitive financial or business information. Third parties may also need access to the...
View ArticleCourt May Set Aside an Order Obtained by Fraud
In family law litigation, if one party has knowingly or recklessly made a false statement with knowledge of the falsehood, the statement may constitute fraud. Accordingly, a court may change an order...
View ArticleHow are Structured Settlement Funds Treated in Equalization?
When a personal injury case is settled, the claimant may be compensated through a structured settlement. This is an arrangement where settlement funds are paid to the injured party through scheduled...
View ArticleMoving Forward: Alternative Dispute Resolution and Collaborative Family Law
Alternative Dispute Resolution (also referred to as “ADR”) refers to constructive tools and processes available to families outside of court as an alternative to traditional litigation. These methods...
View ArticleForcing the Sale of the Matrimonial Home
Divorce can be a tumultuous journey, fraught with emotional and financial challenges. Amidst the important decisions that need to be made, selling the matrimonial home often emerges as a significant,...
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