When am I considered to be in a “common law” marriage in Nova Scotia?

When am I considered to be in a “common law” marriage in Nova Scotia?

In Nova Scotia, the definition of “common law marriage” is different depending on why the designation is needed.

For example, for income tax purposes, the CRA defines a common law partners as any couple who are not legally married, but have been living together for at least 12 months, or are living together and have a child together.

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I’m in a common law marriage in Nova Scotia. Can I sign a prenup even if we never get legally married?

I’m in a common law marriage in Nova Scotia. Can I sign a prenup even if we never get legally married?

A “prenup” (or prenuptial agreement) is a form of marriage contract, usually signed prior to getting married, and in anticipation of getting married in the future. However, a marriage contract can also be signed after the marriage, and a version of this type agreement, called a “cohabitation agreement” can be signed by any couple either in anticipation of living together, or after they have already started living together. Whether or not they ever plan to get married.

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My common law partner wants me to add their name to the deed in Nova Scotia. What are the risks of doing this?

My common law partner wants me to add their name to the deed in Nova Scotia. What are the risks of doing this?

There are some risks and some benefits when adding an owner to real property in Nova Scotia. People sometimes add their adult children to the deed to property whom they wish to have inherit, to avoid the complication of probate. Because common law partners are not protected by the Matrimonial Property Act (which protects the home that legally married people live in, even if only one of them is on the deed), some people will add their common law partner to the deed to achieve the same protections.

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My common law spouse and I are separating in Nova Scotia. What do I need to do?

 My common law spouse and I are separating in Nova Scotia. What do I need to do?

Separation can be a very emotional time. Even when people part ways on good terms, it can be difficult to make rational decisions. If possible, we recommend contacting three key professionals – a therapist, an accountant, and of course, a lawyer.

Because common law spouses aren’t protected by the Matrimonial Property Act (the law that talks about how married people’s property is divided), a separation agreement is usually the way that most common law partners resolve the division of assets and debts

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My child is transgender. How will the court treat my custody case and which name and pronoun will they use?

 My child is transgender. How will the court treat my custody case and which name and pronoun will they use?

Courts in Canada have repeatedly recognized the right of a child to have the name, gender expression and gender identity of their choosing. Even if you have not legally changed your child’s name and gender marker, a Nova Scotia court will use the name and pronouns indicated by parents in the application.

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My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

My partner and I are in a same-sex relationship and are separating. How will this affect getting a divorce or separation agreement in Nova Scotia?

In Nova Scotia, same-sex couples have had the legal right to get married since 2005. Just like heterosexual marriages, some of these marriages will unfortunately break down. However, those in same sex relationship can be assured that they will be treated just like opposite-sex relationships by the legal system.

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Do Nova Scotia courts favour mothers in custody battles?

Do Nova Scotia courts favour mothers in custody battles?

Many people believe that the court favours mothers in custody battles. However, this is not necessarily true. The court must do what is in the best interests of the child. In Nova Scotia, the court will try to keep the “status quo” for children whose parents are separating, as much as is possible.

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My husband had an affair. Does this change the amount of support I can receive or the way we divide our property in Nova Scotia.

My husband had an affair. Does this change the amount of support I can receive or the way we divide our property in Nova Scotia.

In Nova Scotia, we have what we call “no fault” divorce. This means that we do not take into consideration the “why” of the breakdown of the marriage, at least when it comes to the financial aspects, such as spousal support or division of property. In short, in Nova Scotia you will not be entitled to more or less support or other property because your ex-spouse had an affair or was abusive.

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My partner is physically and emotionally abusive and I want to leave. Can I still get custody of my children and support in Nova Scotia?

My partner is physically and emotionally abusive and I want to leave. Can I still get custody of my children and support in Nova Scotia?

If you are experiencing any form of abuse from a partner, you should know that it is not your fault. If you wish to leave an abusive relationship, it’s important to know that your ability to have custody of your children and your entitlement to spousal and/or child support are not affected in Nova Scotia by the fact that you have experienced abuse.

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Spousal buyout? What is it – how does it work in Nova Scotia?

Spousal buyout? What is it – how does it work in Nova Scotia?

So, you and your spouse (legal or common law) have agreed that one of you will “buy out” the other from the home you share ownership of.  What does that mean?

 Generally speaking each party is presumptively entitled to 50% of the equity in a jointly owned home. In order to switch it to a single spouse there are several steps.

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How to create a legally binding co-habitation agreement in Nova Scotia

How to create a legally binding co-habitation agreement in Nova Scotia

What is a co-habitation agreement?

A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.

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Cohabitation agreements for non-romantic relationships in Nova Scotia

Cohabitation agreements for non-romantic relationships in Nova Scotia

Sharing works best when everyone is on the same page …… or preferably a few pages. Cohabitation agreements are not just for couples.

 With the changing real estate market and housing shortage it is becoming more and more common for people who are not in romantic relationships, and various family members to be sharing ownership of homes.

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What’s the benefit of having a Co-habitation Agreement for my common law relationship in Nova Scotia

What’s the benefit of having a Co-habitation Agreement for my common law relationship in Nova Scotia

What is a co-habitation agreement?

A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.

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Why Estate Planning is Particularly Important for people in Common Law Relationships in Nova Scotia

Why Estate Planning is Particularly Important for people in Common Law Relationships in Nova Scotia

While people know that being in a common law relationship is not the same as being married, which automatically creates “matrimonial” rights and obligations for your spouse in the event that you pass away or require medial attention.

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What Happens to my Pet if I Divorce or Separate in Nova Scotia?

What Happens to my Pet if I Divorce or Separate in Nova Scotia?

In Nova Scotia animals are legally considered property. This may seem bizarre, as our furry friends have little in common with a lamp or table. There are some areas of Canadian law that treat animals more like living things. For example, the Criminal Code of Canada provides specific crimes for cruelty to animals and provides protections for police service animals, but for any other matters focusing on pets your Province’s personal property law will apply.

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Nova Scotia Family Law Court Orders Aren’t Set in Stone

Nova Scotia Family Law Court Orders Aren’t Set in Stone

So you’ve been to Family Court Nova Scotia, negotiated a settlement, or received a judgment, and you are now have a Court Order setting out terms like parenting time, and child or spousal support. Hopefully that’s the end of it and you can carry on with your life. Unfortunately, life can change in ways your Court Order can’t predict. Maybe you or your children’s other parent has an amazing career opportunity in Australia. This would be great but your Court Order says you have 50/50 parenting time with the kids and they started high school in Halifax. If you have a good relationship with your ex you can probably work things out without involving lawyers or the courts. If not, well that’s what Variation Applications are for.

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Spousal Support: Taking (some of) the mystery out of entitlement to support in Nova Scotia.

 Spousal Support: Taking (some of) the mystery out of entitlement to support in Nova Scotia.

Trying to determine whether or not you, or your spouse is entitled to spousal support upon separation can be confusing. That is because spousal support is a complicated subject that takes many different factors into account, so the answer may be very different depending on your circumstances.

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Changes to the Eligible Dependent Tax Credit with Shared Custody in Nova Scotia.

Changes to the Eligible Dependent Tax Credit with Shared Custody in Nova Scotia.

In shared custody arrangements child support is often calculated using the simple set off approach. This is a straight forward way of calculating child support and involves the following:

·         Parent A’s income corresponds with a child support payment of $500.

·         Parent B’s income corresponds with a child support payment of $100.

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Video Game Addictions lead to Separation & Divorce

Video Game Addictions lead to Separation & Divorce

A recent article highlighted the fact that in the UK, over 200 divorce petitions have referenced the popular video game Fortnite as one of the reasons for divorce. As silly as it sounds that people would get divorced over a video game, digital addictions are causing more and more problems.

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