Divorce Articles

There is a lot more to know about divorce that doesn’t fit into any neat category. Here are some important topics people often ask us about.

  • Separation Agreement – Separation agreements are legally binding contracts that resolve all of the legal issues arising out of a couple separating.

  • Divorce Legal Fees – You are correct in being concerned about the cost of your divorce; divorce is an expensive proposition, particularly if your case needs to go to court.

  • Divorce – The Divorce Act recognizes three main grounds for divorce, which are cruelty, adultery, or being separated for one year.

  • Exclusive Possession of the Matrimonial Home – Neither party is allowed to order the other out of the matrimonial home.

  • Divorce and Taxes – Taxes on child support payments, spousal support, deducting legal fees, Canada Child Tax Benefit, equivalent to spouse credit, and paying taxes on a division of property.

  • Annulments – An annulment is basically a declaration that a valid marriage is void.

  • Life Insurance – If you are paying child or spousal support, you’ll typically be required to obtain life insurance as security for your obligation to pay support.

  • Divorce Mediation – Divorce mediation is a process in which you and our spouse meet with a mediator to try to resolve the issues arising from your separation, such as support, property division and child custody.

  • Estate Planning
    I know that you’ve got a lot going on in your life right now and the last thing you need is more to worry about. However, it is important that when you separate and divorce you give some thought to your estate plan. In particular, separation does not affect your will. So, your will leaving everything to your ex is still valid – something you may well want to change. While in the process, you should also consider drafting new powers of attorney:

  • Appointing a Power of Attorney to Ensure Your Financial Future – When you divorce, you should prepare a new power of attorney for property.

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If you are considering divorce -- or have already made your decision -- you're invited to email me on my contact form. I'll explain how you can protect your legal rights, reduce the expense of divorce, and protect your children from undue emotional stress.