What is a Spouse?

What is a Spouse? -  https://bordenfamilylaw.com

 

In the recent Ontario court case of Climans v Latner, 2019 ONSC 1311, the Court revisited the age old question of “What is a spouse?.” While for most legally married couples, the answer is just that: a marriage ceremony – but for common law couples the court has historically chosen to adopt a flexible approach to the question, which can lead to surprising results.

In this case, the parties were together for 14 years, and both had children from previous marriages. They were never legally married, and never even lived together full time – so how would they be considered spouses? 

Well, Justice Shore took a flexible and nuanced approach, and stated it was generally a fact driven exercise. She looked at things such as them holding themselves out as a married couple, exchanging rings, Mr. Latner proposing multiple times, Mr. Latner paying for all of Ms. Climan’s expenses, having a sexual relationship, travelling together, and living at Mr. Latner’s cottage together all summer. When the judge looked at the factual matrix, she concluded that the couple indeed did live as spouses, even though both had separate addresses for the duration of their relationship. Living at separate homes was simply due to child-related obligations both parties had. 

So, when determining whether someone is a spouse or not, a Court will have to look at all aspects of the relationship, and not living together is not an ultimate bar to being considered a spouse under the law.

Once again, the court confirms there is no “bright line” test for what is and is not a spouse, and in fact, a spouse can be someone you have never fully lived with, and is extremely fact specific.

What does this mean for the future of family law in Ontario? Separating couples should be aware that even if they do not live together in the regular sense, other factors such as finances blending, seasonal cohabitation, and other factors could have a court finding they were common law spouses, and the answer to whether you are a spouse may not be as cut and dry as you would think. 

 

At Borden Family Law, our focused area of practice means our clients benefit from our in-depth knowledge. 

To see how we can help you resolve your issue, call us at 905-576-6090 or contact us online.

 

Spousal Support

https://bordenfamilylaw.com/practice-areas/spousal-support/

Picking the Right Lawyer for Your Markham Ontario Divorce or Kid Custody Issues

Divorce: The End Or New Beginnings?

When individuals ask this question, the answer depends on their particular position. Divorce is both the end of something, in addition to the start of something else. It is an event signifying a closure, however likewise a new beginning. While this can be an extremely tough time, divorce can also be considered like a new beginning in life.

If you are currently going through a divorce process, you will need terrific family attorneys in Markham. A knowledgeable legal representative with proficiency in this field can make the procedure far easier and less stressful. If you wish to make your divorce something that works for you, and helps you to begin a brand-new chapter in your life, then a good lawyer is essential.

When it concerns family law, it's constantly best to expect the best and get ready for the worst. This is where having the best divorce legal representatives in Markham will help.

Assisting You Survive Your Divorce

The very best way to survive a difficult divorce is to view the shift as a clean slate; a time where you can reset your life, and construct it up once again by yourself terms. A new beginning can mean numerous things - endless flexibility, space to explore, and opportunity for brand-new objectives. Attempt to put in the time to comprehend the possibility of your situation.

Divorce can assist you to develop a brand-new future that you style for yourself. The process of divorce might be a disturbing sideline, however you should not let it hold you back for the brand-new and interesting times that wait for.

Your family legal representatives in Markham will assist you in handling the stress and troubles that feature this legal action in order to make your experience smoother and more favorable.

Finding the Right Divorce Attorney in Markham

If you are looking for family lawyers in Markham, discovering somebody who can precisely assess your outcomes and requirements is necessary. Having the legal side covered is the initial step to assisting you accomplish comfort in this situation and to make sure a smooth process.

In order to begin embracing the brand-new life that divorce brings, you will need to get the legal process behind you. Getting through a divorce is not practically getting it over and made with - its likewise about reaching the right terms for each of you.

When it concerns dissolving cohabitation contracts Markham lawyers can also assist you get the best of the situation. Despite whether it is your marriage or partnership ended, custody and joint assets require to be divided fairly in such a way that works for everybody included.

Utilizing family legal representatives in Markham can help to better prepare you for the divorce through their proficiency and professional technique. You can get in the proceedings with confidence knowing that your attorney has you prepared for any result which has your benefits in mind.

When Going Through Your Divorce, things to Know

Discovering the right family lawyer will assist make the divorce proceedings a whole lot much easier. Nevertheless, there are constantly certain things to remember when going through any kind of irreversible separation due to the legalities behind it. If you want the new modification to go as efficiently as possible, keep in mind:

• Do not look at your divorce case as an opportunity to "win". Rather attempt to reach an agreement that works for everybody

• Even though you are going through a divorce, you don't need to drag your kids through one too. Let them know they still have both of their moms and dads

• Divorce is not always as hard as people might tell you. Each circumstance is various, and it can be an easy process if approached properly

• Forget about the past and want to the future. This is your possibility for new beginnings

 

Discovering Your Family Lawyers in Markham

If you are heading into a divorce, make sure to get in touch to see how we can help. Our experienced group will take the pressure off of you, permitting you to rest easy understanding that your needs are looked after. This family lawyer can assist you be better prepared - Holam Law Firm in Markham - professionals in helping you make it through divorce.
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Why Have a Cohabitation Agreement in Markham?

Wondering About Cohabitation Agreements?. https://holamlaw.com/

Like marriage contracts, having a binding and enforceable cohabitation agreement is akin to having vehicle insurance. Just like car insurance may protect you in the case of an accident, a cohabitation agreement may protect or limit your financial risk or liability upon separation. The reason being a cohabitation agreement generally sets out each party's rights and obligations , such as how family and individual assets are to be divided, etc., in the case of a breakdown of your relationship. This is especially important if you're entering a second relationship with significant assets you wish to protect. 

 

 

Unlike married spouses, there is no legislated process by which common-law spouses divide family property and assets. Instead, common-law spouses must rely on common law and equity claims to establish on a balance of probabilities a right to any division of property and assets accumulated during the size of the relationship, or to any property owned by the other spouse to which you could have contributed financially. This is often an extremely expensive and arduous process, and that is why it is generally recommended that all clients contemplating cohabitation with a partner negotiate and enter into a cohabitation agreement.  

 

Moreover, a well-crafted cohabitation agreement is more likely to be held up by an Ontario Court if challenged by a spouse. Separation is difficult enough, so setting up the process in advance to manage the financial aspects can significantly reduce stress during an already emotional time. 

 

That’s why it is so important that cohabitation agreements be negotiated with the assistance of, drafted by and then carefully reviewed by a family law lawyer who has expertise in this area. The team at Holam Law PC has the necessary experience and knowledge to help you achieve your goals in this regard.

 

What Can Be Included in the Cohabitation Agreement?

Terms that can be included in a cohabitation agreement are as follows: 

• Limitations on and/or waivers of spousal support
• Division and ownership of individual and family property and assets upon a breakdown of the relationship
• How finances will be managed during the period of cohabitation or after separation
• Life interest in real property in the event the breakdown of the relationship is due to death

• Any other matter which can otherwise be a point of contention at the time the relationship is dissolved

 

Contact Holam Law PC to Book an Appointment 

If you are in the process of discussing with your future spouse a Cohabitation Agreement or are considering one, now would be a great time to contact us. Call us at 365-608-6161 or email us at info@holamlaw.com to schedule a consultation today. 
 

Read More: Limitations of a Cohabitation Agreement 

 

Holam Law PC is a family law firm in Markham Ontario. https://g.page/holam-law-pc?gm  Call us at  365-608-6161 or email us at info@holamlaw.com to schedule an appointment today. 
 

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Tags:
MARRIAGE CONTRACTS,
COHABITATION AGREEMENT,
COHABITATION AGREEMENTS,
COHABITATION AGREEMENTS ONTARIO,
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Protective Procedures You Should Take Prior To You File for Divorce in Markham

Divorce: The End Or New Beginnings?

Divorce is both the end of something, as well as the start of something else. While this can be an incredibly hard time, divorce can also be believed of like a fresh start in life.

If you are currently going through a divorce procedure, you will need great family legal representatives in Markham. A skilled attorney with knowledge in this field can make the process far simpler and less demanding. If you want to make your divorce something that works for you, and helps you to start a new chapter in your life, then a good lawyer is necessary.

It's always best to hope for the finest and prepare for the worst when it comes to family law. This is where having the very best divorce attorneys in Markham will assist.

Helping You Make It Through Your Divorce

The very best way to survive a challenging divorce is to view the shift as a new beginning; a time where you can reset your life, and build it up once again by yourself terms. A fresh start can imply lots of things - limitless flexibility, room to explore, and opportunity for brand-new objectives. Attempt to make the effort to understand the possibility of your circumstance.

Divorce can assist you to develop a new future that you style on your own. The process of divorce may be an upsetting sideline, however you should not let it hold you back for the brand-new and interesting times that wait for.

Your family lawyers in Markham will help you in handling the pressure and problems that include this legal action in order to make your experience smoother and more favorable.

Finding the Right Divorce Attorney in Markham

Discovering someone who can precisely assess your outcomes and requirements is necessary if you are looking for family legal representatives in Markham. Having the legal side covered is the primary step to assisting you attain comfort in this circumstance and to ensure a smooth procedure.

In order to begin embracing the brand-new life that divorce brings, you will require to get the legal process behind you. Getting through a divorce is not practically getting it over and made with - its likewise about reaching the best terms for each of you.

When it comes to liquifying cohabitation arrangements Markham lawyers can also help you get the very best of the situation. No matter whether it is your marriage or collaboration ended, custody and joint possessions require to be divided relatively in such a way that works for everyone included.

Utilizing family attorneys in Markham can assist to better prepare you for the divorce through their expertise and expert approach. You can go into the proceedings confidently understanding that your lawyer has you gotten ready for any result and that has your benefits in mind.

Things to Know When Going Through Your Divorce

Discovering the right family legal representative will help make the divorce proceedings a whole lot simpler. Nevertheless, there are always certain things to bear in mind when going through any kind of irreversible separation due to the legalities behind it. If you desire the brand-new modification to go as smoothly as possible, remember:

• Don't take a look at your divorce case as an opportunity to "win". Rather attempt to reach an arrangement that works for everyone

• Despite the fact that you are going through a divorce, you do not require to drag your kids through one too. Let them know they still have both of their moms and dads

• Divorce is not always as hard as individuals might inform you. Each circumstance is different, and it can be a basic procedure if approached appropriately

• Ignore the past and seek to the future. This is your possibility for new beginnings

Discovering Your Family Lawyers in Markham

Be sure to get in touch to see how we can assist if you are heading into a divorce. Our skilled group will take the pressure off of you, permitting you to rest easy understanding that your needs are taken care of. This family attorney can assist you be much better ready - Holam Law PC in Markham - professionals in assisting you get through divorce.
Learn Additional Here.

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