Prenuptial Agreements becoming more necessary with No-Fault Divorce

All you need is love, but the tabloids tell a different story on a weekly basis. It was reported this week that Sandra Bullock had a no-cheating clause in her prenuptial agreement with Jesse James. Even though California is a no-fault divorce state, she won’t have to worry about James getting any of her estimated $85 million net worth because she was smart enough to not only enter into a prenuptial agreement, but to have that extra sentence written into it.

No-fault divorce means that neither party needs to show that the other party had any wrong-doing that lead to the divorce. As of 1986, the Divorce Act was amended to allow for a divorce after the separation of one year without having to prove any fault by either spouse.

No-fault divorce also means that any financial settlements are based on the needs of the spouses and their ability to pay them. Whether they’re at fault (or cheated) just doesn’t factor in. No-fault divorce shows that having a prenuptial agreement is a smart decision, and more married couples are starting out with one. Prenups mean:

Less stress and more security

Arguments over money are the number one reason couples split up. The lack of worrying about whether or not you’re protected leads to a better feeling of security, lowered stress, less time spent arguing and more time spent enjoying each other.

Dealing with the debt before it spins out of control

No matter what anyone tries to tell you, a party is not responsible for their ex-spouse’s debt. However, both parties are responsible for debt incurred through joint credit of any kind. Having these responsibilities worked out through a prenup will save both parties many headaches and credit problems in the future.

Your hard work is worth it

Some sacrifice a career to stay home with the kids, while others work night and day so their spouse can go to school. These are non-financial contributions to a marriage that sometimes mean much more than money – if the marriage works. If not, compensation is due and this can be handled in a prenup.

Protecting loved ones from other relationships

Second marriages usually happen later in life, and both spouses may have children or relatives from a first marriage who are still in their lives. In the event one spouse passes away, their assets go to exactly who they want.

Keeping your own interests intact as a business owner or artist

If you own a business or create some kind of intellectual property (like a book or an album), in the event of a divorce it can be considered marital property and be split in half. If you’re serious about protecting your own interests, a prenup can prove invaluable.

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By michael - Last updated: Friday, April 9, 2010
Filed in Prenuptial Agreements • Tags: , , ,


Divorce and Pets – Another Reason Prenuptial Agreements Make Sense

Divorce and Your PetIn the midst of divorce, there are laws and systems in place to govern who will end up taking care of and raising children. The children might live with one parent who has full custody, or they might instead spend their time divided between households.

In Canadian family law, there are disagreements as to whether pets are assets or should be treated as children when it comes to which spouse gets to keep them. Each situation calls for different action, and sometimes the court actually looks towards “the best interests of the pet”, meaning which “parent” will have a better yard, be able to pay for veterinary care or tends to go away on vacation less often. In other situations, the court might actually establish visitation arrangements for the pet.

It’s not unusual to be extremely attached to your pet, and pets are sometimes used as pawns in court battles, where one parent might believe they’ve got a better chance of getting full custody of their human children if they’re the ones keeping the family dog.

There was even a case where a Canadian couple divorced, and one spouse moved out of the country, leaving his dog behind with his ex-wife. Upon his return, he began campaigning for custody access to the dog, and eventually the judge determined it would suit the best interests of the dog to be with both “parents”, and the couple began alternating one week each on and off with the dog.

Another Canadian case saw a couple fighting over who actually owned a dog, because one of them had paid for it but the other one said it was a gift. The judge declined the request for joint custody and claimed the buyer was the owner. This same couple spent thousands of dollars in legal fees just to determine who would keep the $100.00 pet.

Creating a prenuptial agreement will prevent arguments like who gets to keep the pets from springing up during a divorce, and pet custody is only one of the many things they can cover.

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By heather - Last updated: Tuesday, March 16, 2010
Filed in Divorce, Prenuptial Agreements • Tags: , , ,


2010 Brings Major Changes to Family Law in Ontario

Commencing March 1, 2010, the McGuinty government will be implementing major reforms to a variety of Family Law matters in Ontario.  The reforms have been introduced with the objective of improving the public’s access to justice in family courts.

The following are some highlights of the changes that will take effect under the new legislation:

Full details of the upcoming reforms are still to be released by the government.

Check back to our blog for further details once the family law changes come into effect on March 1, 2010.

For further information on family law and divorce contact us at info@divorcesupport.ca or call us at 416 222 4555

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By candice - Last updated: Monday, January 4, 2010
Filed in Child Custody in Ontario, Child Support, Child Visitation, Cohabitation Agreements, Collaborative Law, Common Law Marriage, Divorce, Family Law Changes Ontario, Family Property Division, Marriage Contracts, Mediation, Prenuptial Agreements, Separation Agreements, Support Orders, Toronto Family Lawyers • Tags:


Changing Prenuptial Agreements during Marriage

The subject of Prenuptial Agreements (or Marriage Contracts as they are known in Ontario), have been front and centre in the media.

The alleged marital “transgressions” of professional golfer Tiger Woods concerning several women who have claimed to have affairs with the sports superstar have dominated the headlines.  While Woods and his wife Elin Nordegren had a Prenuptial Agreement before entering into their marriage, according to reports the Woods have since revisited that marriage contract. Nordegren has been reportedly paid $5 million to stay and would get $55 million to stay an additional two years with Woods.

The renegotiation of a prenuptial agreement or a marriage contract as it is known in Canada is rare but not completely unheard of and a “prenup” can be renegotiated even after the marriage part takes place. Typically as long as both parties are aware of  and understand the original terms, it can be renegotiated.  In Ontario, a court can set aside a marital contract if one party was misinformed or misunderstood the agreement when they signed, or if one of the parties gave incorrect financial information during the arrangement of the contract.

In the event of a divorce, a prenuptial agreement is in place to protect both parties, or sometimes the wealthier party, in the matters of the dividing of property and spousal support.

Some important reasons for implementing a prenuptial agreement include:

If you plan to stay home with children: this can negatively impact your wealth if you plan on quitting your job, and a prenuptial agreement can ensure that any future financial needs that arise due to children can be divided equally.

If you are large differences in wealth between the partners: a prenuptial agreement can protect both the more well-off partner and ensure support of the financially less-well off partner.

If this is not your first marriage: in the case of remarrying for a second or third time, you may have different financial obligations such as children from another marriage, debt or other assets. A prenuptial agreement will ensure that anything you meant for either family will get to them and neither side will be left in the dark.

Your partner has significant debt: a prenuptial agreement will ensure that in case of a divorce your partner’s debt does not get passed on to you.

Like writing a will, many people do not want to think of the life-changing situations that will cause the necessity of a prenuptial agreement to arise, but if one or more of the above factors apply it can be the most responsible choice for protecting yourself and your partner in the event of a divorce.

For more information about Prenuptial Agreements contact Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca

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By michael - Last updated: Sunday, December 6, 2009
Filed in Marriage Contracts, Prenuptial Agreements • Tags:


Separation from your Spouse But Under The Same Roof

Legal Separation need not necessarily exist in terms of actual physical separation and different residential living arrangements. Separation may also exist where the attitude of the parties towards each other suggests that they are separated. A couple may be separated but living under the same roof.

Living together but separated

Great caution, however must be taken in arriving at this conclusion. It should be arrived at only after due consideration is given to the available facts and circumstances prevailing in the home, and to a lesser extent, in the community. The evidence that such a couple are living separate and apart must be “clear and convincing”. The test is not what the public believes but rather what all the available evidence and circumstances disclose the actual state of the marriage to be.

The Ontario Court of Appeal held in Mayberry-vs-Mayberry(1971) and in Calder-vs-Calder(1974) that spouses may be living separate and apart under the same roof where there has been a mutual repudiation of the marriage relationship, producing a permanent breakdown of the relationship.

The court also held that a divorce should be granted on evidence, for instance, which indicated that there was virtually no communication between the spouses; they ate separate meals; occupied separate bedrooms and did not share social activities.

Although the cessation of sexual relations provides strong evidence of living separate and apart, it does not in itself conclusively decide the issue as was held in Cridge-vs-Cridge(1973) and Oswell-vs-Oswell(1990).

If you and your spouse are considering separation or divorce contact Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca

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By julius - Last updated: Monday, October 5, 2009
Filed in Divorce, Prenuptial Agreements, Separation Agreements • Tags: ,


Welcome to Our Family Law Website and Blog: Niren and Associates Family Lawyers in Toronto

We are pleased to announce our new Family Law website and Family Law Blog.

We hope that you find it enjoyable and informative . You will find lots of useful information about Divorce Law, Child Custody and Access, Separation, Collaborative Law, Prenuptial Agreements and more. We look forward to informing you about the latest developments in Family law and Divorce in Ontario

Feel free to browse our website www.divorcesupport.ca and we encourage you to contact us any time by email at info@divorcesupport.ca or by phone Niren and Associates Family Lawyers in Toronto at 416 222 4555. Our family lawyers are here to help  you with any family law matter including divorce, separation, custody, prenuptial agreement  (or marriage contracts) etc.  Finally, you are welcome to post your comments on our Blog about anything Family law related  and we will do our best to answer all your questions.

Sincerely,

The Legal Team at Niren and Associates Family Lawyers!

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By michael - Last updated: Tuesday, March 10, 2009
Filed in Child Custody in Ontario, Divorce, Prenuptial Agreements, Separation Agreements, Toronto Family Lawyers •