Archive for May 2016
Best practices for dealing with joint debts
Most couples who are separating have various debts in joint names- the mortgage, a secured or unsecured line of credit, and credit cards. Ideally, once you’ve separated, you want to separate your finances as soon as possible. Especially joint debts, because you can’t control if and when your spouse will decide to draw down the…
Read MoreWhen Do the Police Have an Obligation to Enforce the Terms of a Custody/Access Order?
In a recent family court case in Ontario, the Toronto police brought a motion to remove the police access provisions contained in a custody and access order. This motion was filed only 6 days after the original order (on consent) was made. Unless you have a clause in an order or an agreement requiring police…
Read MoreBritish company to lend money to fund Canadian divorce litigation
If you stand to acquire substantial assets in your divorce, but you don’t have the money to pay a lawyer, Novitas, which is a U.K. firm specializing in lending money to fund divorce litigation, may be able to assist you. In the fall of 2016, the firm plans to open up an office in Toronto.…
Read MoreProvince to increase court fees by 36%
The fees for family court will be increasing as of July 1st, 2016. Currently, there is a $157.00 fee to start an Application (whether for Divorce, or any other matter), and then another $280 fee to put the Application on a hearing list. You can obtain fee waivers if your income falls below a certain…
Read MoreSummary judgment to overturn separation agreement
Summary judgment is available when there is no genuine issue for trial. Because it’s not a trial and evidence can be given by affidavit rather than testimony, summary judgment is a cheaper, more expeditious way to achieve resolution of an issue. However, there are questions as to when summary judgment is, in fact, appropriate as…
Read More