Monthly Archives: July 2016

Excluded Property and the Hot Housing Market

Under the Family Law Act, certain property is excluded from the division of what family lawyers call ‘family property’. That’s right – if you owned a home before the marriage (or before you became common-law spouses), or if your grandparents will their boat to you, for example, that property may remain solely yours. Here’s how the Act reads: 85 (1) The ...

Is shared custody the new norm for separated and divorced families?

Over the course of history, children were often seen as the property of their father, and upon divorce, mothers had limited access to their children. By the mid 1800’s under British law, young children of divorcing couples were usually awarded to their mother (the “tender years doctrine”). Many jurisdictions have moved away from these presumptions and now have gender neutral ...