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Is January really divorce month?

1/5/2021

Anecdotally, lawyers perceive January as being a very busy month for people seeking a divorce. It has been historically known as “Divorce Month”. I’m not aware of actual statistics that bear this out, but it does appear that many families try to keep it together until after the holidays. Certainly, the pandemic has exposed cracks in relationships that may have accelerated the desire to change directions in relationships, including contemplating separation. Marriage counselling may help, but if it doesn’t, you may find yourself in the unexpected place of wanting to separate.

3 Comments

Marriage Contract Do's and Don'ts

3/29/2020

3 Comments

Diane McInnis, Barrister and Solicitor

A marriage contract is useful tool if you have assets or interests you wish to protect before getting married. In fact, couples who discuss financial matters in a clear and honest way with each other prior to marriage have a mature and realistic approach to their relationship. It doesn’t have to be a negative thing. For example, if one partner has interests in family business or has been working with a partner who wants to ensure that the partner’s spouse does not acquire interest in the business, a marriage contract is a practical way to do that. And in the end, you want to know that the time and money spent on the negotiation of the agreement will pay off with a tight and enforceable contract in the event of separation. Cohabitation agreements and marriage contracts, (colloquially known as “prenups”) are one of the most frequently challenged documents in family law.

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Divorce: The Matrimonial Home

3/23/2020

2 Comments

Diane McInnis, Barrister and Solicitor

There is a basic premise in family law that many people do not understand: Married couples share matrimonial properly, equally. I will break this down:

MARRIED COUPLES
If a couple legally marries, there is a presumption in law that they intend to share. The corollary to that is that if a couple does not legal ly marry. there is no automatic presumption that the couple intended to share property, unless property is purchased jointly. (There are exceptions to this presumption in certain cases involving a joint family venture or trust claims.)

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Who gets Buddy? Pets and Divorce

3/10/2020

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by Diane McInnis, Barrister and Solicitor

There is nothing like a celebrity breakup to get people talking about certain issues around separation and divorce. A few years ago it was Gwyneth Paltrow and Chris Martin talking about “conscientious uncoupling”. That sounds like doublespeak for what those of us who practice family law call a “collaborative family law” approach to separation and divorce. I was listening to CBC and there was talk about Johnny Depp’s divorce from Amber Heard. Apparently, an issue in their divorce was “who gets to keep the two dogs?” Yorkshire Terriers – Pistol and Boo. Without getting involved or being “judgy” about how these pets were named, it appears that in the final settlement, Heard got to keep the dogs.

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Recognition of a Foreign Divorce in Canada

3/6/2020

1 Comment

Diane McInnis, Barrister and Solicitor

I was recently asked to give an opinion as to whether or not a foreign divorce will be recognized in Canada. This is a necessary step for people who want to marry in Canada but were divorced in another jurisdiction. Proof of the validity of the divorce is a prerequisite to marriage in Canada because of our polygamy rules- you can only be married to one person at a time in this country. Section 22 of the Divorce Act, a federal statute, sets out the circumstances in which Canada will recognize a foreign divorce.

Marriage, on the other hand is governed by the provinces. In Ontario, the Marriage Act, sets out in section 8, the necessity of providing proof of divorce, specifically the final decree or judgment dissolving or annulling the previous marriage. In other words it requires the original or certified copy of the court order in the jurisdiction where the divorce was rendered.

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A Gift from a Client

5/20/2016

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This was part of a thank you gift from a client. I had to share it...

Diane is a great lawyer, much better than most,
To being the best, I would most definitely toast.
A collaborative law lawyer, and mediator too,
There’s pretty much nothing that she can’t do.
I came to her in a most dreadful way,
She took me on board. Up up and away.
At volume 3, and tab 100 or more,
I don’t think she knew what was in store,
Late nights at the computer screen,
What does all this legal paperwork mean?

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WE KEEP YOU INFORMED.

Is January really divorce month?

Marriage Contract Do's and Don'ts

Divorce: The Matrimonial Home

Who gets Buddy? Pets and Divorce

Recognition of a Foreign Divorce in Canada

A Gift from a Client

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