December 13, 2016

If one of the persons in the marriage commits adultery, does this affect how the property or support, or other financial issues are resolved?

           

  1. Yes

  2. No

The answer is “No”.  In Canada, adultery by one o...

December 12, 2016

Does a couple that lived together, but were not married, have the same rights to claim property as if they had been married?

  1. Yes

  2. No

  3. Sort of

The answer is “No”. Unlike married spouses, a couple who lived together but were not married (known as common law...

December 8, 2016

When a person turns18 years of age, and has no assets, should they do a Will and related documents, or should they wait until they have assets or children?

a. Complete the documents at age 18

b. Wait until they have assets

c. Wait until they have children

d. Wait until the...

December 2, 2016

A father has as much rights to see his children as does a mother.  However, these rights are dependent on the best interests of the children.  The best interests of the children are the paramount consideration and the test that is applied to determine if access should...

December 2, 2016

The house, which is referred to as the “matrimonial home” sometimes needs to be sold in order to meet any financial obligations from one party to another, or to satisfy the division of assets.  In some situations, one party is able to buy out the other party’s share an...

December 2, 2016

Yes, but this requires both parties to be committed to that plan.  DeRusha Law Firm has a program which allows both sides to jointly hire one of our mediation lawyers.  It may be that neither side has to hire a lawyer to go through this process.  However, both sides mu...

December 2, 2016

A few months is the preferable answer.  However, there some cases that take much longer.  There are two possible reasons for this.  One is that people can have complicated situations that require a lot of professional review.  For example, property issues where there i...

December 2, 2016

No.  The court system is only one method of attempting to resolve matrimonial matters, among many other methods.  In fact, lawyers have an obligation and duty to draw to the attention of the individual they are representing and to discuss with him/her the possibility o...

December 2, 2016

According to the Family Law Act, if the money was inherited prior to a party’s date of marriage, then that party is permitted to deduct the value of that inheritance on the date of marriage, so long as the inheritance money was not used to purchase the Matrimonial Home...

December 2, 2016

Most likely yes.  It is extremely rare that the mother of children does not have custody.   However, the question is whether it is joint custody, that is shared control and decision making with the father, or whether it is sole custody. The trend has been to have both...

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Note: The responses provided in these questions are not legal advice for you. To answer your questions you need to contact our firm by telephone or e-mail, and we will get back to you within the next business day.

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