Family Law Blog

Imagine this. After giving it a lot of thought, you have decided to get divorced. You have engaged a lawyer. You have taken an inventory of your assets - such as property, savings, investments, vehicles, and personal items - and you are beginning the process of splitting them with your former partner.

In family law, the division of property is often a complex and contentious issue. The objective is to ensure a fair and equitable distribution of assets between spouses or partners upon separation or divorce.

While the law is continuously evolving, pets are still considered property in the eyes of the law.

Across provinces, Canadian family law legislation interprets “property” to include real and personal property, including all interests in that property, contingent or vested.

As the interest in cryptocurrency investments continues to grow, a key question for separating or divorcing Canadians has been whether they must disclose and include their cryptocurrency when dividing matrimonial property.

The gifts exchanged in a marriage – they could be jewelry, cars, boats, antiques, art. In some cases, even real estate, a condominium or a house. During a separation or divorce, spouses might claim these gifts as marital property.

In family law, capital gains can arise when dividing family property. They are often overlooked by family lawyers in the division of family property and therefore can be a hidden liability that only becomes known after a separation agreement has been signed.

Most people who are getting separated or divorced are dealing with family law issues for the first time. It can be a confusing and daunting task to navigate the family law court registry.

A question I hear a lot is, what happens to the engagement ring if we break up? As is so often the case in family law, the answer really depends on the circumstances. The main factor is what stage were the parties in their relationship when they separated.

Going through a divorce can create a number of issues that were never expected. Spousal support, child support, the division of matrimonial property and custody of children are generally areas that are known to those contemplating divorce or separation.