Common Law Archives | Baker and Baker Family Law

What You Must Know Before You Sign A Prenuptial Agreement In Ontario

Marriages are difficult enough without you having to worry about how your assets will fare should you separate from your spouse. Although it may dampen the bliss that usually precedes a wedding or a new relationship, experts caution in favour of having a prenuptial agreement or, in short, a “prenup”.

While Prenups do not guarantee that marriages will last, they can relieve and limit the uncertainty or acrimony that at times accompany separations and divorces.

8 mins read

What Are Your Rights at the End of a Common-Law Union in Ontario?

In Ontario, a relationship is recognized as a common-law union when a couple has lived together in a conjugal relationship for at least three years. If this couple has children together, either by birth or adoption, the relationship will be recognized as a common-law union after the couple has lived together for one year.

Many couples nowadays opt not to get married as they believe there are no real differences between a marriage and a common-law union.

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6 mins read

Upcoming Changes to the Canadian Divorce Act

If you are thinking of filing for a divorce in 2020, you should know that there are upcoming changes to the Divorce Act. Most of these changes are aimed at better protecting the interests and rights of children.

Coming July 1, 2020, the following changes will be in effect:

Criteria for a child’s best interests

With the amendments to the act, the courts will use specific considerations to decide the best interests of each child of divorced parents.

» Read more about: Upcoming Changes to the Canadian Divorce Act »

7 mins read

Differentiating a Common-Law Union From Marriage in Family Law

In the past, marriage was the most popular option for couples who intended to spend their lives with each other. Nowadays, other arrangements are becoming more and more common. One alternative that many couples choose is a common-law union. There are many similarities between a common-law union and a marriage. However, a marriage and a common-law relationship are recognized in different ways by family law in Toronto when deciding certain matters. If your relationship is thriving,

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5 mins read

Separation Agreements – What is Required?

The family law system in Ontario encourages litigants to settle their matter together instead of resorting to a judicial determination. The theory is that if the parties enter into an agreement about how to move forward as a separated couple they are more likely to be satisfied, and thereby adhere to, the terms of the settlement. Though formal separation agreements are not required to separate, they provide the peace of mind often required by parties to move on with the confidence of their financial and childcare position.

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4 mins read

Reasons to Keep Money Separate From Your Spouse

Some research suggests that money is a primary factor in more than half the divorces in Canada. Therefore, it is important that you carefully consider how you and your spouse will handle your financial matters.

When it comes to marriage finances, there are different schools of thought on how accounts should be held. Some believe that husbands and wives should pool all their finances while others think they should maintain separate accounts. If you are contemplating how to handle finances in your marriage,

» Read more about: Reasons to Keep Money Separate From Your Spouse »