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If you’ve separated from your spouse or common law partner in Nova Scotia, a separation agreement is the easiest way to deal with all of the financial parts of separating, especially if you can agree on the terms. Your bank will also likely require a formal separation agreement, with independent legal advice before allowing you to remortgage your home.
Read MoreIn 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.
Read MoreTrying 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.
Read MoreSeparation and divorce create uncertainty, especially in the early stages. The question of where you, and any children involved, are going to live is one of the biggest long term and short term decisions that you will make. So now what? You are separating, the whole point is that you do not want to live together anymore. And what about the kids, they still have school, you do not want to disrupt their lives any more than they already are.
Read MoreWhen a couple separates, they know they will have to consider custody and parenting arrangements, support payments, and property division. One critical area that can be overlooked is life insurance.
Read MoreFor most families, the matrimonial home is the most significant asset they own. Deciding how to deal with it after the breakdown of the relationship is an important decision with long term consequences. Did you know, when refinancing as part of a separation, the spouse keeping the home may qualify to refinance at a higher percentage of the value of the home than the standard maximum. The standard maximum is 80%, but the maximum for a spousal buyout can be as high as 95%.
Read MoreMany people who have been through a separation in Nova Scotia decide they will never get married again, so they think why bother getting divorced. While remarriage is one of the main reasons that long-term separated couples are motivated to get a divorce, there are some other important reasons you should consider.
Read MoreIn family law, the date of separation is a very significant date for two reasons. Most of the time, a couple will not be granted a divorce until they have been separated for one year. The other reason is that the debts and asset of a divorcing couple are generally divided based on the value they had on the date of separation.
Read MoreDivorces and separations can be very expensive. During a separation, families may face new expenses for custody and access visits, outfitting a new apartment with furniture. Now add to that legal fees and court costs and it can be a very challenging time financially. Thankfully, there are some things you can do to reduce you expenses.
Read MoreGwyneth Paltrow made headlines when she publicaly discussed her conscious uncoupling with Chris Martin. Whatever you may think of her, there is something to the idea of putting some planning and thought to your separation. Arriving at the decision to separate is hard, and it can be overwhelming to think about the changes coming your way. Planning will not make the experience painless but there are some steps you can take that can make this major life transition go more smoothly.
Read MoreThe old song “Breaking up is hard to do” accurately summarizes what is a nearly universal experience. Almost everyone has gone through a tough break up at one time or another. And whether you are married or not, it can be a truly awful time. The last thing anyone needs in the middle of a break-up is to have the conflict made worse by uncertainty about custody arrangements and how to divide your property. During a break-up, emotions are often all over the place and it’s easy to make bad decisions that have a lasting impact.
If you are in a common-law relationship, a useful tool to consider is a cohabitation agreement. Think of it as a prenuptial agreement for non-married couples. A cohabitation agreement allows you to determine in advance how you would divide your property in the event of a break-up.
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