The Matrimonial Home: What Happens  Post Separation?

Elisha Hale, LL.B (Hons) Dip.Division of Property, Divorce, Marriage Contracts0 Comments

The matrimonial home is often viewed as sacred ground for divorcing couples and disputes commonly arise over the ownership and possession of the property. In Ontario, special status is given to the matrimonial home due to it often being the most valuable and sentimental asset that a couple or family possesses. What is a ‘matrimonial home’? Section 18 of the Ontario Family Law Act defines the matrimonial home: “every property in which a person has an interest and that is, or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and their spouse as their family residence”. Can there be more than one ‘matrimonial home’? There can be more than one ‘matrimonial home’ as long as at the date of separation, all of the properties are “ordinarily occupied” by the spouses as the “family residence”. The residence(s) being claimed as the ‘matrimonial home’ must … Read More

The Quickest Way To Get Divorced

Elisha Hale, LL.B (Hons) Dip.Divorce, Family Law, Marriage Contracts0 Comments

With the first two weeks of January, following the Christmas and New Year holidays  statistically the most common time for couples to file divorce proceedings, parties will inevitably want to know the quickest and most cost-effective route to obtaining a divorce.  While there are routes which may aim speed up the process; unfortunately obtaining a divorce in Ontario tends not to be a speedy process. In order to obtain a divorce under the Divorce Act  you must show that your marriage has broken down. You can obtain a fault or non-fault divorce. Non-Fault Divorce You and your partner have lived apart for one continuous year and consider your marriage to have ended. This still applies if you live in the same property, however you must be living separate lives i.e. not file taxes together,  not sleep in the same bed, not attend social occasions together and not be supporting each … Read More

Four Things to Know About Common Law Relationships

Kim WiltonDivision of Property, Family Law, Marriage Contracts, Separation, Spousal Support0 Comments

1. Definition of Common Law Relationships There is no universal definition of a common law relationship. Federal and provincial legislation use differing criteria to define common law relationships. For example, Ontario’s Family Law Act, defines common law relationships as one where parties reside together for at least three years or where parties are in a relationship of some permanence and have a child. Whereas, under the Income Tax Act, a common law relationship is defined as one where parties are in a conjugal relationship and living together for at least twelve continuous months. 2. Spousal Support Common law spouses, like married spouses may be entitled to receive spousal support upon separation under Ontario’s Family Law Act. Once an entitlement to spousal support is established, the quantum and duration of spousal support is calculated based on the Spousal Support Advisory Guidelines. These guidelines determine the quantum and duration of support based … Read More

Gilbertson Davis LLP Welcomes Family Law Lawyer Kimberley Wilton!

John L. Davis, B.A. (Hons.), J.D.Adoption, Child Support, Collaborative Family Law, Custody and Access, Division of Property, Divorce, Family Law, Gilbertson Davis LLP News, Interjurisdictional Disputes, Marriage Contracts, Mobility Issues, Spousal Support0 Comments

Gilbertson Davis LLP extends a Warm Welcome to Family Law Lawyer Kimberley Wilton.  Kim was called to the Bars of Ontario, Newfoundland and Labrador in 2013, after obtaining her Doctor of Jurisprudence degree from Dalhousie University (2012; Schulich School of Law), a B.Sc. (Hons.) degree from the University of Toronto (Psychology and Middle Eastern Studies; 2006) and a B.A. degree from Memorial University (English Language and Literature; 2009).  Kim is also certified as a Collaborative Family Law Lawyer.   Kim is passionate about the provision of client service to a standard of excellence.  She has experience in a broad range of Family Law matters, including contentious custody and access disputes, child and spousal support claims, complex property disputes including the division of assets, adoption applications and mobility issues. She is also experienced in drafting parenting plans, separation plans and domestic contracts.  Kim is sensitive to the specific needs of each client, … Read More