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Featured Question

Is there a time limit on property division?

In short, yes. If you and your spouse disagree on how your property were divided, you may need to ask the court to assist in solving your dispute. However, you must ask the court to intervene within a certain amount of time after your date of separation. The time limit for an equalization payment is 2 years after you divorce, or 6 years after you and your partner separate.

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Most Recent FAQs

Is anything exempt from the equalization of net family property?

Yes. Here is a quick outline of commonly exempted assets:

  • If you have received any inheritance or gifts during the course of your marriage, and they have not been spent or allocated to any shared assets, the amount received or left over is exempt.
  • If you owned any assets prior to the date of your marriage, their value will be exempt.
  • If you have a marriage contract that outlined specific assets as exempt, they will likely be exempt.
  • If you have received any payouts for personal injury or pain and suffering, they will likely... MORE »

Is it easiest to just give my spouse half of everything we own?

Canadian law outlines that couples that are married are required to equally share the wealth accumulated during a marriage, based on the date of separation. However, the equalization of net family property takes into account the assets owned by each partner at the time of the marriage and the end of the marriage. One of the parties may be entitled to more or less of the property based on this process.

So, as with many issues in family law – the answer to this question is not simple. It depends on... MORE »

What if my child doesn’t want to visit their other parent? Do I have to force them?

It is difficult to feel as though you are forcing your child to visit their parent if they do not want to. However, if your partner has court ordered access rights, you are responsible to ensure that they attend their visit. The court looks poorly on parents who do not facilitate a relationship between a child and their parent. Your responsibility to foster this relationship applies even if your child has special plans or is sick during a scheduled access time.

Stopping access between your child and their parent is only... MORE »

What is a parenting plan? How do I make one with my spouse?

Parents may be asked to create a parenting plan to describe how their child will be cared for. Sometimes, parents do not understand what a parenting plan includes, or are unable to agree on a parenting plan. This may result in a judge having to step in and speak with the parents.

However, help is available for parents before reaching this point. At times the court may suggest using a parenting coordinator to assist the parents in sorting some of the specific planning out. Parenting coordinators are often trained specifically in... MORE »