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July 29, 2024

Can Debt be Recovered Through Spousal Support?

Following separation, spouses may have jointly held debts, or a spouse may incur costs that should be borne by both parties. Usually, this burden of…
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July 16, 2024

How Does the Clean Hands Doctrine Arise in Family Litigation?

Parties who are going to court need to be prepared for a range of allegations that can arise from a dispute. In some cases, a…
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July 2, 2024

Are Child Welfare Agencies Liable to Parents or Foster Families?

Child welfare agencies take responsibility over children who are in their care. But, do they owe any duty of care to biological parents or foster…
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June 17, 2024

What if a Spouse Empties a Joint Bank Account Before Separation?

It is common for couples to maintain joint accounts during marriage. Both parties will have equal rights to the account and can make deposits and…
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June 4, 2024

How is Child Support Calculated When Parties Live in Different Jurisdictions?

Obtaining and enforcing a child support order when the other party resides in another jurisdiction can be a complicated process. However, legislation establishes a process…
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May 21, 2024

Courts Grapple With Valuing a New Business at Separation

During a divorce, spouses will need to consider dividing family property and making an equalization payment. Some categories of property will be easy to deal…
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May 7, 2024

Do Professional Degrees Count as Property to be Equalized on Divorce?

Obtaining professional degrees and licenses is time consuming and costly, and can be challenging for a family’s budget, often requiring the other spouse to support…
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April 24, 2024

Court Warns Against Undermining Procedural Fairness When Deciding a Child’s Habitual Residence

When a child is removed to another jurisdiction, courts must carefully assess the evidence to make orders and decide issues such as the child’s habitual…
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April 8, 2024

What Do Courts Consider Before Granting a Divorce?

When a relationship ends and the spouses go their separate ways, usually the more difficult issues to resolve are parenting arrangements, support entitlements, and the…
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March 26, 2024

Deference to a Trial Judge’s Findings May Limit Your Chances of Success on Appeal

Parties who receive an unfavourable result in a family law proceeding may want to initiate an appeal. However, appealing a judge’s ruling is not straightforward.…
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