Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
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.
Read MoreA “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.
Read MoreThere 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.
Read MoreSeparation 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
Read MoreIn 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.
Read MoreMany 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.
Read MoreIn 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.
Read MoreIf 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.
Read MoreT 902.826.3070
F 902.826.1694
E info@highlanderlaw.ca
5288 St. Margaret's Bay Rd.
Suite #201, Upper Tantallon, NS (just outside of Halifax, Nova Scotia)
B3Z 2J1
