Differences between Married & Common-Law: Married can get a divorce, use the new Divorce Act, and property will be divided evenly. Common-law couples cannot divorce or use the Divorce Act and property division is complicated.

A woman living with her common law partner for many years may think she has equal right to their property, but that might not be the case. There are significant differences in legal rights and responsibilities depending on whether people are married or living common-law. This webinar explores different kinds of intimate relationships, with a…

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Property division after separation depends on whether the couple was married or living common-law. A domestic contract lets a couple set their own terms in their relationship. A domestic contract is a legal agreement. Domestic contracts include cohabitation agreements, marriage contracts and separation agreements. “Pre-nups” are domestic contracts A cohabitation agreement is an agreement between…

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Bakhshi v. Hosseinzadeh 2017 ONCA 838: The parties in this case were married in Iran in 1995, at which time they entered into a Maher, which is an Islamic marriage contract. They emigrated to Canada and then separated in 2013. The wife initiated an application for divorce, custody, child support, equalization of property, and other relief.…

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Mahr (also spelled maher, mohr and mehr) is a form of marriage agreement in which the husband promises to pay his wife (in cash or other forms of property) if the marriage ends or if he dies. Muslim marriage contracts always include a mahr, whether the marriage takes place in Canada or elsewhere. The mahr…

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Use of social media has reached almost unbelievable levels. According to Facebook, more than 1.94 billion people around the world are active members, Twitter claims to have almost a billion accounts and there are 700 active users of Instagram. On top of that, 18.7 billion texts are sent worldwide every day. While social media and…

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Toscano v Toscano 2015 ONSC 487 Ms Toscano entered into a marriage contract when she married Mr. Toscano in which the two of them agreed to be separate as to property: that neither would make a claim against the other for a share of the other’s property. The Toscanos separated after a 17-year marriage, in…

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As you know, couples can write cohabitation agreements, prenuptial agreements and marriage contracts which set out the terms of their relationship and, often more importantly, what will happen if the relationship ends. And, couples can write separation agreements at the end of a relationship to set out the terms of their separation. These agreements are…

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When a domestic contract is enforceable is the main issue in a recent case – Martin v Sansome 2014 ONCA 14 – decided by the Court of Appeal for Ontario. The parties were married for 10 years. The husband’s parents owned a dairy farm and milk quota and offered the couple the opportunity to live…

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In Canada, marriage is ended by way of a civil divorce, pursuant to the terms of the Divorce Act, which set outs such requirements as: At least one of the parties has to have been resident in the province where the divorce application is being made for at least one year The parties have to…

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