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Divorce

Nairne v. Nairne: Creative solution in family law upheld by Ontario Court of Appeal

This article was originally published by Law360 Canada (www.law360.ca), part of LexisNexis Canada Inc. The importance of the case of Nairne v. Nairne, [2023] O.J. No. 3083 is not the facts or the legal decisions, but the implication of a…

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Reduce the cost of valuing a professional practice upon divorce using Collaborative Law

This article was published in Issue 37-12 of Money & Family Law Valuating a professional practice when there is a separation may be emotionally charged and costly because of the subjective nature of business valuations, especially professional businesses. Read more…

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Nathalie Boutet Interviewed for CBC’s Dans La mosaïque

To listen to the full interview, visit this link. January is known as a period where some couples make the decision to separate. In this interview, Nathalie explains that couples may be waiting after the holidays and after the children…

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High net worth spouses and divorce – The Lawyer’s Daily

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. This article covers some of the legal issues facing families that enjoy a high net worth. More specifically, how gifts and inheritances are treated in…

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Considering contributions to cottage in cases of separation/divorce – Article in The Lawyer’s Daily

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Finding an affordable home or cottage continues to be inaccessible to many young couples. If parents want to help with a down payment or with…

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Mediation for divorce: The benefits and pitfalls – Interview in Canadian Lawyer Magazine

This article was written by Aidan Macnab and originally published by Canadian Lawyer Magazine.   How does mediation work? This article is part of a series addressing popular topics and questions that clients and the public may have about the…

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What current economic turmoil means for child and spousal support – Article in The Lawyer’s Daily

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Our economy has changed during and as a result of the pandemic, with some sectors being severely impacted while others surpassed expectations. We will continue…

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What happens to the financial contributions for a cottage in the event of separation / divorce

With the cost of real estate, both urban and in cottage country, continuing to be inaccessible to many young couples, it is common for parents to provide financial assistance to their children to permit the purchase of a house or…

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Lesson from appeal decision: Don’t play games with financial disclosure – Article in The Lawyer’s Daily

By Nathalie Boutet and Gary Joseph This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. In an era where many families engage in legitimate complicated tax and estate planning, the Ontario Court of Appeal…

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Divorcing A Spouse Who Has An Addiction: What You Need To Know – Interview In Radio-Canada

After nearly two years of the ongoing stresses of the pandemic, substance abuse or even relapses are negatively impacting families and relationships. Dealing with a spouse suffering from addiction during the separation/divorce process may lead to unique legal issues and…

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Practitioners with a Heart

With everything going on in the world right now, I am inviting practitioners of all professions to do many acts of kindness to counter the abundance of information about fear, divisiveness, and illness all around the world. As Random Acts…

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Updated federal family law booklets helpful to lawyers and clients: lawyer – Interview by The Lawyer’s Daily

Updated information booklets on amended federal divorce laws and how they apply to separation, shared parenting, family violence and putting kids first will remind lawyers to help parting spouses find “peaceful” and “workable solutions” to disputes, says a legal mind…

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Who gets the cottage when couples divorce?

When the leading ladies of Netflix’s hit sitcom Grace & Frankie (portrayed by Jane Fonda and Lily Tomlin) found out their husbands had been romantically involved for the past 20 years, they decided to pack their bags and move into the gorgeous…

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‘Do not fuel the flame:’ serving family law clients struggling financially due to COVID lockdowns – Interview by Law Times

Divorce is a volatile and emotionally fraught task, whether in a global pandemic or not. When spouses are intertwined with shared businesses and investments, the value of which is being held down by COVID and its public health measures, lawyers…

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How advisors can help divorce proceedings start on the right foot – Interview By Wealth Professional

There is ultra-high net worth – and then there’s the other universe the likes of Elon Musk, Jeff Bezos and Bill Gates operate in. Domestically speaking, this world was rocked recently when Gates, who is worth about $128.3 billion, announced he was to divorce Melinda,…

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How Changes in the Divorce Act Can Resolve High-Conflict Disputes

High-conflict disputes during divorce naturally lead to a longer process and more expensive bills than those that are more amicable. But what many people don’t realize is that even in divorce cases that are not so acrimonious, the process is often longer, and the legal bills higher, when they litigate their cases in court rather than if they had chosen a non-court process. People who separate should know that non-court processes such as mediation and collaborative law are likely better options to resolve their divorce even during high-conflict disputes.

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Divorce Act changes ‘a boon’ for collaborative law practice – Interview By Law Times

As the pandemic has produced a rise in divorces and family disputes, the recent enactment of Divorce Act amendments will give a boost to collaborative family law and have more clients resolving their issues outside of a courtroom, say two family…

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The Divorce Act has grown up, but will we?

Many people think that the courtroom is the place to finally bring justice — via the well-intentioned figure seated in black robes — to the injustice of their failed marriage. Unfortunately, it is often not like this. Despite recent reforms…

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New Divorce Act changes focus on out-of-court resolution, interests of child – Boutet in The Lawyer’s Daily

New federal laws requiring family lawyers to “encourage” parting spouses to use mediation or other forms of alternative dispute resolution instead of the courts have come into force. On March 1, federal Minister of Justice and Attorney General David Lametti…

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Saving family businesses from divorce during COVID-19

The pandemic has already taken a toll on both the economy and marriages across the country, and now with a second wave, those numbers are likely to rise. In fact, one in seven small businesses are at risk of going…

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How to best assist clients who separate during COVID-19 – The Lawyer’s Daily

With people working from home thanks to COVID-19, many couples aren’t getting any breaks from each other and, in some cases, may not even have adequate space to find solitude. For some, being confined to close quarters with no time apart is causing tension in marriages, triggering separation and divorce.

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As COVID-19 weighs on marriages, what should business owners know?

With business closures, quarantines, and household isolation measures continuing throughout Canada and around the world, many couples forced into a common domestic situation for an extended period are finding their relationships tested. Family law experts predict an uptick in divorce…

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Property possession and gifts when separating

With sky-high rents and home ownership out of reach for many young Canadians, more couples are moving into properties with the help of their parents’ money, or even back into their childhood home. But not understanding the legal implications in case of a separation can lead to problems, considering that nearly four in 10 marriages will end in divorce. And while the number of young adults (18-34) who are getting married is on the decline, 58 per cent of Canadians in common-law relationships say that, despite the law being otherwise, assets should be divided equally when the relationship ends, according to a recent Angus Reid poll.

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What You Need to Know if You’re Divorcing an Addict

In most cases, mediation and collaborative law are well-suited to family disputes arising from addiction. These approaches can help reduce potential conflict with your spouse and, may allow you and your spouse to reach a resolution in a cost-effective and timely fashion.

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