Canada: Divorce

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

Untying The Knot: A Guide To Annulments In British Columbia

An annulment is a legal declaration that a marriage was never legally valid – it deems the marriage null and void as if it never happened.

LK

Lindsay Kenney LLP

Tort Of Family Violence

The Supreme Court of Canada has recently heard an appeal about whether the Ontario Superior Court should have created a tort of family violence.

LK

Lindsay Kenney LLP

Collaborative Divorce: Neutral Professionals

Divorce is often an emotionally and financially challenging time. The Collaborative Process offers a more respectful and supportive alternative to traditional negotiation or litigation.

SB

Sorbara Law

Understanding Reunification Therapy - Healing Parent-Child Relationships After Separation

Reunification therapy is a specialized form of family therapy designed to help repair and rebuild the relationship between a child and a parent after a period of estrangement.

SB

Sorbara Law

Limits Of Family Law Claims Against An Estate: What O'Reilly v O'Reilly Reveals

MT

Miller Thomson LLP

Understanding The Matrimonial Home And Its Equalization In Divorce

SB

Sorbara Law

Factum Containing Fake Case Law Likely Generated By AI Submitted In Ontario Litigation (Ko v. Li)

Canada Technology

GR

Gardiner Roberts LLP

Family Law Courts Address Impact Of Intimate Partner Violence In Divorce Cases

TM

Torkin Manes LLP

Family Violence, What Is It And How Does It Affect My Separation / Divorce?

RA

Rashidy & Associates

Divorce-Proofing Your Intellectual Property: How To Keep Your Genius Out Of The Marital Asset Split

NL

Nelligan Law

Faithfully Wed But Legally Misled?

Canada Insurance

SB

SBA Lawyers LLP

What Happens To Child Support When My Disabled Child Reaches The Age Of Majority?

LK

Lindsay Kenney LLP

Will Ontario Recognize Your Foreign Divorce? Here's What You Need To Know

NL

Nelligan Law

Til Death (Or Divorce) Do Them Part

SB

SBA Lawyers LLP

Tokenized Carbon Credits: How Blockchain Is Revolutionizing Carbon Markets

Canada Technology

OH

Osler, Hoskin & Harcourt LLP

How CRA Conducts Net Worth Audits And Enforces Gross Negligence Penalties Against Canadian Taxpayers: Lessons From Mann v. The King And Other Cases

RS

Rotfleisch & Samulovitch P.C.

Stablecorp Raises $2.5 Million For QCAD Stablecoin

Canada Technology

GL

Goodmans LLP

Timing Isn't Everything: Termination Upon Return From A Protected Leave Of Absence

Canada Employment

F

Fasken

Overview And Analysis Of The GENIUS Act

ML

McMillan LLP

Understanding Mediation, Arbitration, And Med-Arb In Alberta Family Law

With the high cost and long waits to get before a Justice, many lawyers and their clients are considering Alternative Dispute Resolution as a first option in legal disputes.

SL

Stringam LLP

What Is The Difference Between Separation And Divorce In Ontario?

Separation can occur between married spouses and unmarried (or "common law") spouses. Divorce, on the other hand, is the legal termination of a civil marriage...

NL

Nelligan Law

Discretionary Trusts In A Marital Breakdown

Courts in common law jurisdictions continue to grapple with how to deal with a spouse's interest in a discretionary trust when there is a marital breakdown, and whether to include them in property division.

OE

O'Sullivan Estate Lawyers LLP

Separated Spouses And Inheritance Rights

Certain amendments to Ontario's Succession Law Reform Act (SLRA) came into force January 1, 2022, which can remove the inheritance entitlement of an individual who is separated from their spouse.

SB

Sorbara Law

Ex-Husband Faces Harsh Penalties For Resisting Financial Disclosure In Divorce Proceedings

TM

Torkin Manes LLP

Court Of Appeal Summaries (August 19 – 23, 2024)

Canada Litigation

BM

Blaney McMurtry LLP

Can I Get A Divorce In Canada If I Was Married In India?

DS

Devry Smith Frank LLP

Family Law Ontario: Differences Between Married Spouses And Common Law Partners

MM

Mills & Mills

Court Of Appeal Weighs In On Rights Of Adults Living With Disabilities

RS

Rosen Sunshine LLP

What Impact Veteran Affairs Canada Benefits Have In Determining An Individual's Financial Position

CW

Clark Wilson LLP

International Forum Shopping To Avoid Support Obligations: Not So Fast In Ontario

LL

Lerners LLP

Jurisdiction To Make Parenting Orders In Ontario

SB

Sorbara Law

Hearing From Children In Family Law Cases

LK

Lindsay Kenney LLP

Parental Alienation In Family Law Cases – A Case Law Update

MM

Mills & Mills

International Forum Shopping To Avoid Support Obligations: Not So Fast In Ontario

In a recent decision, Vyazemskaya v. Safin, the Court of Appeal for Ontario grappled with the complex issue of recognizing a foreign divorce in Canada and its implications on spousal support entitlements.

LL

Lerners LLP

Jurisdiction To Make Parenting Orders In Ontario

A parent who participates in a family court case in Ontario may wonder if Ontario is the appropriate location for their case. In circumstances where one parent has moved the children to Ontario...

SB

Sorbara Law

Hearing From Children In Family Law Cases

We are glad that you have clicked in to read this article. You are here because you, just like us, firmly believe in children's right to have their voices adequately and properly heard in family law

LK

Lindsay Kenney LLP

Parental Alienation In Family Law Cases – A Case Law Update

Parental alienation occurs when one parent uses various tactics to influence their child into rejecting the other parent without legitimate justification.

MM

Mills & Mills

Exploring The Positive Impact Of Funding During The Divorce Process

BF

BridgePoint Financial

Prioritizing Children In Your Spring Break Planning- Building Positive Memories And Co-parenting Relationships

The Spring Break is a time of year that children and their parents alike look forward to. Spring Break is a special time of year with time spent skiing, or traveling or in Spring local activities...

FH

FH&P Lawyers

My Ex-Spouse's Income Has Increased Substantially Since Separation. Am I Entitled To More Spousal Support?

If you find yourself in a situation where your ex-spouse has experienced a substantial increase in income since the time of your separation, you may be wondering whether you are entitled to a reassessment of spousal support.

DS

Devry Smith Frank LLP

Court Rebukes Man Who Transferred Home To Brother To Avoid Paying Ex-Wife

All too often, separated couples go to great lengths to minimize or hide assets that would otherwise be divided in a divorce. When those efforts are deemed to be in "bad faith,"...

TM

Torkin Manes LLP

Funding Can Be Instrumental In Moving Family Law Files Past The Finish Line

Separating couples are confronted with financial challenges from the outset, compounding the emotional and psychological toll of the process.

BF

BridgePoint Financial

How Does The CRA Evaluate Marital Status?

RA

Rosen & Associates

Ctrl-Alt-Delete: When Judges Delete Provisions In Your Minutes Of Settlement

LL

Lerners LLP

Court Of Appeal Summaries (January 8 – 12, 2024)

Canada Litigation

BM

Blaney McMurtry LLP

Are Discretionary Trusts Excluded Property In Divorce?

CW

Clark Wilson LLP

What Is The Date Of Separation?

SL

Siskinds LLP

Court Of Appeal Summaries (December 25 – 29, 2023)

Canada Litigation

BM

Blaney McMurtry LLP

What Happens If We Reconcile?

SL

Siskinds LLP

Complex Ties Unwound: Exploring Guardianship And Support In BC

FH

FH&P Lawyers

Untangling The Knot: Straightening Out Divorce And Separation In Canada

FH

FH&P Lawyers

Family Ties & Legal Knots: The Basics Of Family Law In Canada

FH

FH&P Lawyers

Determining Child Support For Children Over The Age Of Majority

LL

Lerners LLP

Couple's Quickie 'Fraud' Divorce Complicates Attempt To Split For Real

TM

Torkin Manes LLP

Corporate Divorce: Butterfly Transactions In Family-Owned Enterprises

CW

Clark Wilson LLP

Common Law Relationship? You Do Not Have The Same Rights As Married Spouses In Ontario

DS

Devry Smith Frank LLP

Private Foundations And Big Life Changes: What Happens At Divorce, Disability, And Death?

Canada Commercial

MT

Miller Thomson LLP

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Latest Videos

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How Can A Forensic Accountant Help Me In My Divorce?

FL

Fuller Landau

How Executive Compensation Plans Impact Property And Support In A Divorce

FL

Fuller Landau

5 Things To Know Before Hiring A Valuation Expert/Forensic Accountant For A Divorce

FL

Fuller Landau

How Do You Calculate The Equalization Payment In A Divorce In Ontario?

FL

Fuller Landau

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