Searching Content indexed under Divorce by Torkin Manes LLP ordered by Published Date Descending.
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Why Your Seemingly Perfect Separation Agreement May Not Be Written In Stone
In most cases, separated spouses resolve the issues arising from their separation by way of a written agreement between them. While it is hoped that the agreement will remain tucked away ...
30 Sep 2019
Bill C-78 – The Long-Awaited Overhaul Of The Federal Divorce Act
Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential
10 Sep 2019
If You Win The Lottery, Your Ex Might Hit The Jackpot, Too
For many family law lawyers, a cocktail party can become a hotbed for questions rooted in "what if" and "I'm asking for a friend." For the curious party-goer, the topics inevitably focus on the
15 Jul 2019
Your Ex Gets A Raise After You Divorce? You Might Be In Line For Tens Of Thousands More
One of the most controversial, difficult and most-litigated issues in family law across Canada is the extent to which a payer of spousal support will be required to share any post-separation increases
29 Apr 2019
Dog Not Just Another Asset To Be Divided, Dissenting Judge Argues
Last year, I reported a decision by Justice Rick Danyliuk of the Saskatchewan Court of Queen's Bench in which he took a dim view about having to decide the ownership of a separating couple's dogs.
3 Oct 2018
Battle Over Embryo Highlights Family Law's New Fertility Frontier
Family law is ever-changing. In one of the summer's most interesting family law decisions, SH v. DH, Justice Robert Del Frate of the Ontario Superior Court was asked to decide the fate of an embryo ...
6 Sep 2018
When A ‘Final Agreement' In Family Law Isn't Final At All — Adam Black Discusses The Issues That Can Arise In Separation Agreements In The National Post
Family law disputes are often lengthy and emotionally wrought, making the individuals involved eager to get them over with.
31 Aug 2018
Canadian Lawyer Speaks To Laurie Pawlitza On The Impact Of Bill C-78 On Canada's Divorce Act
Laurie Pawlitza, a partner in the family law group at Toronto firm Torkin Manes LLP, characterizes C-78 as a successful catch-up effort by the federal government.
15 Aug 2018
Adam Black Reviews Why The Date Of Separation In A Marriage Breakup Can Be A Contentious And Costly Issue In His Latest Column In The National Post
When it comes time to sort out the issues arising from the breakdown of a marriage, the precise date a couple separates can have significant ramifications
31 Jul 2018
When A ‘Final Agreement' In Family Law Isn't Final At All
Family law disputes are often lengthy and emotionally wrought, making the individuals involved eager to get them over with.
26 Jul 2018
Why Ottawa's Changes To The Divorce Act Don't Go Far Enough
Last week, Minister of Justice Jody Wilson-Raybould introduced a bill to amend the Divorce Act and other pieces of federal family law legislation in the House of Commons.
30 May 2018
Out-Of-Court Dispute Resolution Focus Of Divorce Act Overhaul
In the most significant overhaul of the Divorce Act since its enactment in 1985, the federal government has proposed significant changes to the way family law disputes are resolved in Canada.
29 May 2018
When Does A Separated Spouse Have To Pay Rent To An Ex?
It is not unusual for one spouse to move out during a separation, leaving the other spouse in the home. The one staying in the home might even live there for several years until the property issues are settled.
17 May 2018
New Romantic Partners Can Be Dragged Into The Fray In Support Disputes
Family law disputes are usually disputes between former spouses. But doubtless to the chagrin of a spouse's new partner, that new partner can sometimes be dragged to the proceedings, as the recent case of Politis v. Politis demonstrated.
2 May 2018
Damages For Spousal Abuse Are On The Rise After Several Years Of Neglect In Family Court
The world of family law peers behind closed doors and reveals the most intimate of details. Most often, courts decide issues of custody and access, spousal support and property.
22 Feb 2018
Zombie Spousal Support: When Death Doesn't End Your Obligations To Your Ex
When awarding spousal support under the Divorce Act, the judge is obliged to take into account the "condition, means, needs and other circumstances"...
7 Feb 2018
In Family Court, There's No Hiding The Ferrari
"If you claim you're so poor you can't afford a penny of child support, best not to be driving a red Ferrari convertible. In addition to two Mercedes-Benzes…."
29 Nov 2017
If Your Former Spouse Is ‘Allergic' To Work, Do You Still Have To Pay Support?
A persistent irritant for spouses obliged to pay spousal support is the recipient spouse who refuses to work.
15 Nov 2017
Expect Your Divorce's Dirty Laundry To Be Aired In Public, Unless You Live In Quebec
Canada's incoming Governor-General, Julie Payette, recently sought to have the contents of her Maryland divorce file sealed.
22 Sep 2017
When It Comes To Support Payments, ‘First Families First' Is The General Rule
When a husband has an order that requires him to pay support to his former wife, what happens when he re-marries and takes on the support of his new wife and her children?
7 Jun 2017
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