Common Law Spouses and Division of Property Ushering in a New State of the Law On February 18, 2011 the Supreme Court of Canada (hereinafter the "SCC"), established new precedent with its decision in Kerr and Baranow and Vanesse and…
Limitation Periods in Family Law for Property Claims Limitation Periods in Family Law for Property Claims By Ivana Vaccaro, Partner at RV Law Lawyers and parties should remain distinctly aware of any time limits or limitation periods imposed by statute…
Reduction and Termination of Spousal Support Variation of Spousal Support - A Word to the Wise: The Cautionary Ruling of the Supreme Court of Canada in R.P. v R.C. Nearly one year has passed since the Supreme Court of Canada…
Marriage, Divorce and Revocation of the Last Will & Testament Marriage results in automatic revocation of one's Will save and except in clear circumstances where one's Will was made in contemplation of the marriage. The contemplation must be evidenced in…
Do We Need to Improve the Procedures Employed by the Office of the Children’s Lawyer in the Resolution of Custody and Access Disputes? Ivana Vaccaro, Partner RV Law We are certainly due for a re-evaluation of the procedures employed by…
FAQ: Child Support Q. How can I find out whether my child is entitled to child support? Both the Divorce Act and the Family Law Act define a child, and specifically a child who is eligible for child support. Under…
FAQ: Custody and Access Q. What does it mean to have custody of or access to the child(ren)? The Children's Law Reform Act states that a parent who has custody of the child(ren) has the rights and responsibilities of a…
FAQ: Divorce In order to dissolve a marriage, a divorce must be obtained. If you are separated, but not yet divorced, you are still married! Q. On what grounds can I apply for a divorce? Marriage breakdown is the only…
FAQ: Property Q. Do I have to be married to apply for a division of property under the Family Law Act? Yes. Persons who cohabit, but are not married spouses, are not entitled to apply to the Court for a…
FAQ: Spousal Support Q. Who has the right to spousal support? The right is a statutory right and it is that of married spouses, unmarried spouses and same-sex partners. Married or former spouses (divorced) may access the right to spousal…