If parties are separated, the law protects spousal rights under both the realm of wills and intestacy. A separated spouse mentioned in a will is entitled to the gifts given by the testator. Likewise, a separated spouse still has status under the law of intestacy.
If a will is made benefitting the testator’s spouse, and the parties are subsequently divorced, there is conflicting law.
Under the common law, a will is not revoked by divorce, only a new marriage. Common law holds that a will created during the marriage is not... MORE »
Most Recent FAQs
The answer to this question depends on many factors. First, consider whether you are simply looking to do the paperwork and receive a piece of paper which says that you are divorced or if there are other issues to be decided. If that is the case and both parties agree there are no outstanding disagreements, then you can complete your paperwork with the court and receive a divorce within just a couple of months.
Unfortunately, most Divorce cases involve complex financial and emotional issues which need to be resolved between the... MORE »
In Canada, as long as you or your spouse has lived in Canada for at least one year, you will be able to receive a divorce. Divorces are granted by the courts in Canada based on your current marital status as determined by the government of Canada and not as determined by the government where you were married.
Neither you nor your spouse is required to be a Canadian citizen in order to receive a divorce in Canada. The only requirement to make a court application for a divorce is that... MORE »
The biggest factors affecting child support are income of the payor and custody of the child.
Child support is calculated by looking at the total gross income of the payor parent. The support recipient parent is the one who has custody of the child. Gross income means that we use that parents before tax income rather than their after tax income.
After the payor’s income is determined then we use a table called the Federal Child Support Guidelines to determine the amount of support that should be paid based on income and... MORE »
Child support payments are required to be made at least until a child reaches the age of 18. However, even if your child is 18 or older there are some circumstances which may extend the period of time during which support must be paid.
Common scenarios in which support must be paid include where a child is enrolled in an education program full-time, has an illness or disability or in some extreme situations where an adult child is simply unable to support themselves.
It is not always totally clear when support must... MORE »