Archive for June 2017
My partner and I are common law. Do I have the same rights as a married person?
Many women in common-law relationships believe they have exactly the same legal rights as women who are married. While there are many commonalities, there are some important differences, especially with respect to the way in which property is divided if the relationship ends. Living common law as opposed to being married has no impact on…
Read moreCase law: The costs of unwillingness to settle
In Jackson v Mayerle (2016 ONSC 1556), Justice Pazaratz has written another colourful decision, this time in a case where the mother refused to accept a number of offers to settle presented by the father and, after a 36-day trial in which the father was successful on all substantive issues, he sought costs from the…
Read moreWhy are women sometimes charged with assaulting their partner when they are just trying to protect themselves or their kids?
Dual charging or counter charging of women is one of the direct results of the mandatory charging policy. This is a serious, if unintended, consequence, and rates of dual/counter charging remain high in Ontario. Both women and their children feel the consequences of dual/counter charging. The abuser gains even more power and control because he…
Read moreWhat is spousal support and am I eligible?
The goal of spousal support is to encourage the financial independence of both spouses as appropriate in the circumstances of the relationship. For example, where one spouse stayed at home to raise the children or had to change jobs frequently because of demands of the other spouse’s employment, spousal support would be likely. The Family…
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