Yes, they do. Marriage: In Ontario, if you have a Will prior to marriage, it is automatically revoked upon marriage (the entire Will is cancelled).  To avoid that outcome one can make a Will in contemplation of the marriage. A Will made with the marriage in mind, must contain a statement which makes reference to the upcoming marriage and the name of the spouse.  One can also provide that the will is conditional on the marriage actually taking place  To avoid being treated as if one does not have a Will or having a previous Will treated as one’s Will… Continue Reading >>

There are times when a separated spouse may be eager to get a Divorce Order, even if all of the financial issues between the parties are not yet resolved.  I was recently involved in such a case and was successful in securing an Order granting my client his divorce, even though his wife’s claims for spousal support and an equalization payment had yet to be determined. The Family Law Rules indicate that a Court can sever off the claim for a Divorce Order from the other issues, but only if the Court is satisfied of two things: that the other spouse will… Continue Reading >>

Canadians are increasingly turning to assisted reproductive technology, such as surrogacy, to expand their families. This is because of the increasing availability of the technology, a rise in infertility, and the change in the make-up of families, including having children later in life and an increase in same-sex couples. If you and your partner are considering using a surrogate, or you have been asked to be a surrogate, it is important that you be aware of the significant legal implications and considerations of this unique arrangement. For example, did you know that under Canadian law, you are prohibited from paying… Continue Reading >>

My experience in working with families over many years is that they will always profess to have the interests of their children at the top of mind when dealing with the issues arising from their separation. Despite that assertion however, we spend a lot of time dealing with disputes involving children and parenting issues. Often the outcomes for the children are not ideal. My suggestion is typically that the parents consider speaking to a Family Relations Professional to address the parenting issues between themselves. I believe that they will be better served dealing with those issues with someone that has… Continue Reading >>