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What is Shared Custody in a Canada Child Custody Case?

Shared custody is something of an outdated term as of March of 2021. That is because the Divorce Act changed to completely change how courts see and handle the care of minor children during a divorce or common law separation. Courts no longer speak in terms of custody at all: no shared, not joint, not…

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Filing Taxes as a Common Law Spouse in Canada

Common law marriages, also known as adult interdependent partnerships, carry some benefits. They offer the same marriage benefits such as healthcare and hospitalization benefits, immigration benefits, access to records, inheritance rights, and the same division of property and potential spousal support rights that a traditionally married couples receive. They also get a fair number of…

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What Happens if You Don’t Pay Child Support in Canada?

Child support is every child’s right under Canadian law. Once your divorce decree is official your child support will be backed by court order.  Believe it or not, failing to pay support is a crime here in Canada. While this is rarely the first enforcement step, it is one you could be facing. Bottom line:…

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Crafting a Legal Separation Agreement in Canada

In Canada, most people must engage in a one year legal separation prior to getting a divorce. During that time, bills must be paid, decisions must be made about who lives where, and children must be cared for. If you are getting a separation, you need a legal separation agreement to protect your interests. While…

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Filing Taxes When Separated in Canada

Separating has tax consequences. So does getting a divorce. Those consequences start by changing your filing obligations to the Canada Revenue Agency (CRA).  Here’s what you need to know about filing taxes when your marriage is coming to an end.   Notification Requirements Did you know you are required to notify the Canada Revenue Agency…

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Prenuptial Agreements in Canada

Signing a prenuptial agreement can save you a lot of time and headaches. A prenuptial agreement allows you to negotiate what happens in the event of a marriage breakdown. They are also known as marriage contracts. They are especially useful for helping you protect property that you bring to the marriage, such as a business…

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How to Avoid Paying Spousal Support

Spousal support is a big divorce “hot button.” Few people love the idea of writing a big monthly check to someone they no longer love. Spousal support can put a strain on the paying party’s finances. So it’s no surprise that most people fight tooth and nail to keep it out of their divorce settlement. …

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Getting Full Custody of Your Child in Canada

Do you feel it’s in the best interests of your child to get full custody? It may be possible, but there are things you’ll have to prove to the court. In addition, the issue of sole custody is one of the most misunderstood items in Canadian family law. It is vital to understand what you’re…

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How Canadian Family Law Defines Parental Alienation

Canada’s Divorce Act recognizes that most children need both parents in their life in order to thrive. Judges actively seek to preserve the relationships between parents and their children, and custody arrangements reflect this agenda unless one parent has engaged in family violence which can prove harmful to children. Yet sometimes parents despise their ex…

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At What Age Do You Stop Paying for Child Support in Canada?

Everybody’s child support situation is a little different. Here, we present you with different scenarios that could impact when your child support responsibilities will terminate. You will need to refer to your divorce decree to find out what is true in your specific case, or you will need to consult with your family law attorney.…

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Please note: The information provided on this website is Not Legal Advice. The information may or may not be accurate. The information is for discussion purposes only. Reliance upon any information provided would not be grounds to advance a claim against Merchant Law for providing any advice. In order to get a formal legal opinion upon which you may rely about any specific fact scenario, you would have to first retain the services of a lawyer and request a formal legal opinion.