Cariaga Law
405 The West Mall M9C 5J1 Toronto, ON, Canada

Ontario has now expanded the meaning of 'family violence' in Family Law cases, through Bill 207, which recognizes that certain behaviours are abusive even if not technically a criminal offence. For example, coercive and controlling behaviour, threats of or actual harm to animals, sexual, psychological and financial abuse (among others) are now behaviours that can be considered to be family violence. The law is slowly recognizing that non-physical abuse (even post-separation)... can also constitute aggression. Feel free to contact Cariaga Law for these and any other Divorce/Family Law questions. Cariaga Law 405 The West Mall, Suite 910 Etobicoke (Toronto), ON M9C 5J1 Tel: (647) 342-5191 [email protected] www.cariagalaw.ca Photo by Sydney Sims

Just a reminder: If you remarry, any Ontario will or testament you drafted in the event of your death is generally AUTOMATICALLY revoked! As soon as you can after your honeymoon make sure to get a new will or testament made. A marriage contract (AKA a 'postnuptial agreement') can also be relevant in this regard as, after all, spouses can usually change their wills without the other spouse's knowledge. However, a marriage contract could help prevent that by committing the ...spouses to certain terms in their respective wills. Feel free to contact Cariaga Law for assistance on these and other Divorce & Family Law matters. Cariaga Law Tel: (647) 342-5191 [email protected] www.cariagalaw.ca Photo by Marcos Paulo Prado

COHABITATION reminder: As cases (such as Climans v. Latner, of this year) remind us, even if couples do not live together in a fixed home year-round it could still be considered 'cohabitation' and, thus, involve spousal support and/or property division upon separation. In the Climans case the husband did not want to live together 'full-time' without a domestic contract in place. The husband thought he was protected as the couple lived together in his cottage only during the ...summer and travelled extensively the rest of the time, while also keeping separate finances. Nonetheless, the courts found that they had cohabited during most of the relationship. If one or both partners want things to be as clear as possible then a cohabitation/prenuptial agreement should be put in place. Feel free to contact Cariaga Law for assistance on these and other Divorce & Family Law matters. Cariaga Law Tel: (647) 342-5191 [email protected] www.cariagalaw.ca Photo by Chewy

Death of a former spouse: remember that if spouses are only informally 'separated' and there is no signed separation agreement or divorce order in place detailing how assets are to be divided, if either of those spouses passes away (EVEN IF THERE IS A WILL) the surviving spouse may be able to successfully make claims against various assets of the decedent. This is why it is so important for parties to secure finality in the relationship, preferably, through a signed separat...ion agreement or at least through a divorce order. Feel free to contact Cariaga Law for assistance on these and other Divorce & Family Law matters. Cariaga Law Tel: (647) 342-5191 [email protected] www.cariagalaw.ca Photo by Grant Whitty

How COVID-19 can affect child support: The Child Support Guidelines calculate support under the assumption that the recipient is providing a roof (shelter) and other benefits at home for the child. That is why when a child begins post-secondary education (and is no longer living full-time with the recipient) child support is usually lowered accordingly. However, during COVID-19 such children may be taking their courses online from home or may otherwise not be attending the...ir colleges or universities. This would likely result in an increase of child support, which can cause a lot of financial strain for a payor. However, this is not the end of the road for payors as their lawyers can help them try to mitigate against these potential losses through negotiation, among other strategies. Feel free to contact Cariaga Law for these and any other Divorce/Family Law questions. Cariaga Law 405 The West Mall, Suite 910 Etobicoke (Toronto), ON M9C 5J1 Tel: (647) 342-5191 [email protected] www.cariagalaw.ca Photo by: Jasmine Coro

https://www.cheo.on.ca//resources-and/resources/P6225E.pdf This link from CHEO offers a helpful little guide for parents with children who may be returning to school soon in Ontario during these times of COVID-19. As Divorce/Family Lawyers, we know that raising a child is something precious, but it can also cause of a lot of friction between parents as it entails a lot of important decision-making. It is better to plan ahead and make informed, thoughtful decisions as much a...s possible about these crucial little members of your family. As always, for guidance on Family Law matters, feel free to contact Cariaga Law: Tel: (647) 342-5191 [email protected] www.cariagalaw.ca #lawyeretobicoke #familylawyeretobicoke #divorcelawyeretobicoke #torontodivorcelawyer #torontofamilylawyer #divorcelawyer #divorceattorney #familylawyer #familylawattorney #divorce #separation #separationagreement #separationagreements #custody #childsupport #spousalsupport #habitualresidence #etobicoke #toronto #mississauga #mississaugafamilylawyer #mississaugadivorcelawyer #ontariolaw #ontariolawyer #lawnews #ontario

In Ontario, we calculate equalization (the leveling of finances between separating spouses) based on the value of assets AT THE TIME OF SEPARATION. In some other Canadian provinces and jurisdictions, such assets are calculated instead based on their values at the time of trial. For parties separating in Ontario during times of recession or other economic downturns (such as what COVID-19 might bring about) this can make a significant difference. There are exceptions to tha...t general equalization rule, including a consideration of whether it is "unconscionable " for such calculations and subsequent payments to be made. However, that is not an easy bar to meet as the relevant facts must be enough to "shock the conscience of the court." For guidance on these and other Divorce/Family Law matters, feel free to contact Cariaga Law. Cariaga Law 405 The West Mall, Suite 910 Etobicoke (Toronto), ON M9C 5J1 Tel: (647) 342-5191 Fax: (647) 499-6581 [email protected] www.cariagalaw.ca #lawyeretobicoke #familylawyeretobicoke #divorcelawyeretobicoke #torontodivorcelawyer #torontofamilylawyer #divorcelawyer #divorceattorney #familylawyer #familylawattorney #divorce #separation #separationagreement #separationagreements #custody #childsupport #spousalsupport #habitualresidence #etobicoke #toronto #mississauga #mississaugafamilylawyer #mississaugadivorcelawyer #ontariolaw #ontariolawyer #lawnews #ontario

Most of us lawyers appreciate that COVID-19 has (throughout all the damage) at least forced the courts to modernize and start accepting filings by e-mail, and have more proceedings take place virtually (at least for now). However, that does not come without its downsides for a lot of litigants who may not have access to technology or the savviness to know how to operate it. That includes a lot of senior citizens. Those people might be at a disadvantage or get left behind.... As always, feel free to contact Cariaga Law for any Divorce/Family Law matters. Cariaga Law 405 The West Mall, Suite 910 Etobicoke (Toronto), ON M9C 5J1 Tel: (647) 342-5191 Fax: (647) 499-6581 [email protected] www.cariagalaw.ca #lawyeretobicoke #familylawyeretobicoke #divorcelawyeretobicoke #torontodivorcelawyer #torontofamilylawyer #divorcelawyer #divorceattorney #familylawyer #familylawattorney #divorce #separation #separationagreement #separationagreements #custody #childsupport #spousalsupport #habitualresidence #etobicoke #toronto #mississauga #mississaugafamilylawyer #mississaugadivorcelawyer #ontariolaw #ontariolawyer #lawnews #ontario https://www.cbc.ca//lon/ontario-court-technology-1.5655619

Shiny new office location, same great service! Feel free to contact Cariaga Law in Etobicoke (Toronto) for any Family/Divorce Law and Civil Litigation matters. Cariaga Law... 405 The West Mall, Suite 910 Etobicoke (Toronto) ON M9C 5J1 Tel: (647) 342-5191 Fax: (647) 499-6581 [email protected] www.cariagalaw.ca See more

Spousal support payments, among other Family Law financial obligations, could be reduced on account of a "change of circumstances" brought about by COVID-19. If you have any questions about this or any other Divorce Law questions please do not hesitate to contact us. Free consultations are available by telephone.... Cariaga Law Tel: (647) 342-5191 [email protected] https://business.financialpost.com//hardship-due-to-covid-

As per the article below, a judge has recently barred an Ontario father from the matrimonial home for failing to take COVID-19 risk seriously. This is yet another reminder of how much the courts prioritize children's well-being and their best interests. If you have any questions about how COVID-19 can affect your family in the context of Family Law, or any other Divorce Law questions please do not hesitate to contact us. Free consultations are available by telephone.... Cariaga Law Tel: (647) 342-5191 [email protected] https://business.financialpost.com//judge-bars-ontario-fat #covid19 #coronavirus #ontariolaw #ontariolawyer #divorcelawyer #divorceattorney #familylawyer #familylawattorney #separation #custody #habitualresidence #lawnews #ontario #etobicoke #toronto #mississauga #lawyeretobicoke #familylawyeretobicoke #divorcelawyeretobicoke #torontodivorcelawyer #torontofamilylawyer #mississaugafamilylawyer #mississaugadivorcelawyer

This article has some good tips for couples trapped indoors during this unprecedented SARS-CoV-2 pandemic. Hopefully, couples are getting along as best they can in the midst of all of this. That being said ‘staying together for the kids’ can sometimes do the kids more harm than good, and as such in many cases it is better for parents to make the difficult decision to separate. This does not always mean having to go to court as a good separation agreement drafted by a Fami...ly Lawyer can help avoid litigation now and in the future. One can be ‘separated’ even while living in the same home as separation actually occurs when at least one of the partners decides to separate emotionally from the other due to a breakdown in the relationship. Physical separation is not necessary. This is a distinction that we are asked about a lot, especially in this new quarantined reality. If you believe this is something that you could be interested in please do not hesitate to contact Cariaga Law as even during this pandemic we can work with you remotely (online) to negotiate, draft and sign an agreement that works for you without having to meet in person. Feel free to Contact Cariaga Law for further information on this or any other Family Law/Divorce Law matters. Free consultations are available by telephone. Cariaga Law 1199 The Queensway Etobicoke, ON M8Z 1R7 Tel: (647) 342-5191 [email protected] https://news.berkeley.edu//tips-for-couples-on-how-to-wea/ #ontariolaw #ontariolawyer #divorcelawyer #divorceattorney #familylawyer #familylawattorney #separation #custody #habitualresidence #lawnews #ontario #etobicoke #toronto #mississauga #lawyeretobicoke #familylawyeretobicoke #divorcelawyeretobicoke #torontodivorcelawyer #torontofamilylawyer #mississaugafamilylawyer #mississaugadivorcelawyer

BC Court of Appeal signalling what is hopefully the standard treatment of trans young adults in Canadian Family Law courts. The Court decided that the trans young adult in this case was exclusively entitled to consent to medical treatment for his transition despite the father's opposition. This was decided after a psychologist and endocrinologist confirmed hormone therapy was appropriate and in the young adult's best interests. https://business.financialpost.com//b-c-co...urt-of-appeal-se #ontariolaw #ontariolawyer #divorcelawyer #divorceattorney #familylawyer #familylawattorney #separation #custody #habitualresidence #lawnews #ontario #etobicoke #toronto #mississauga #lawyeretobicoke #familylawyeretobicoke #divorcelawyeretobicoke #torontodivorcelawyer #torontofamilylawyer #mississaugafamilylawyer #mississaugadivorcelawyer

Just a little reminder that parties in divorce/separation cases should be forthcoming with their financial disclosures. Secret accounts can get discovered in numerous ways. Better to be honest than get dinged with over $30,000 in costs like in this case... For any Family Law/ Divorce Law questions, feel free to contact Cariaga Law. https://business.financialpost.com//catch-me-if-you-can-hu... #ontariolaw #ontariolawyer #divorcelawyer #divorceattorney #familylawyer #familylawattorney #separation #lawnews #ontario #etobicoke #toronto #mississauga #lawyeretobicoke #familylawyeretobicoke #divorcelawyeretobicoke #torontodivorcelawyer #torontofamilylawyer #mississaugafamilylawyer #mississaugadivorcelawyer

Another reminder that in Ontario (and Canada generally-speaking) you can do a lot of things with prenuptial agreements, marriage contracts and separation agreements. However, one of the things parents CANNOT do is waive child support. That is considered the right of the child and such provisions will most likely not be enforceable. If you have any questions about this or any other Family/Divorce Law issues, feel free to contact Cariaga Law. https://business.financialpost.co...m//trading-your-share-of- #lawnews #ontario #ontariolawyer #toronto #mississauga #etobicoke #divorcelawyeretobicoke #familylawyeretobicoke #divorceattorneyetobicoke #divorcelawyertoronto #familylawyertoronto #divorceattorneytoronto #childsupport #ontarionews #separation #separationagreements #divorce

Interesting case reported a few months ago reminding us of the Supreme Court of Canada's ruling that a child's 'habitual residence' is no longer just determined by where the warring parents intended to live, but is rather a "hybrid model, which considers both parental intention AND the circumstances of the children in determining where the children are habitually resident." That is the rightful approach as it is more flexible to accommodate the actual needs and best interes...ts of the children. Case also deals with possible foreign residence. Link to article below: https://www.thestar.com//kids-can-stay-in-ontario-appeals- #ontariolaw #ontariolawyer #divorcelawyer #divorceattorney #familylawyer #familylawattorney #separation #custody #habitualresidence #lawnews #ontario #etobicoke #toronto #mississauga #etobicokelawyer #etobicokefamilylawyer #etobicokedivorcelawyer #torontofamilylawyer #torontodivorcelawyer #mississaugafamilylawyer #mississaugadivorcelawyer

Yet another Canadian case, this time from SK, demonstrating how dangerous it is to make false allegations of abuse against the other parent as it can result in loss of custody of the children for the accusing parent. Courts generally consider a child's relationship with both parents to be essential and if one parent is seen attempting to alienate a child from the other parent it could result in total loss of custody. For more information on any Family Law matters feel free ...to contact Cariaga Law. www.cariagalaw.ca Link with case discussed below: https://www.thelawyersdaily.ca//custody-and-access-conduct #familylaw #divorcelaw #ontario #custody #familylawyer #divorcelawyer #familyattorney #divorceattorney #litigation #toronto #mississauga #etobicoke #law

Cariaga Law wishes everyone very Happy holidays! Hope you eat cookies as delicious as the ones in this picture look. Photo by Anastasia Gubarieva on Unsplash #lawyer #familylawyer #ontario #happyholidays #merrychristmas #toronto #mississauga #etobicoke #attorney #familylawyer

A friendly reminder that court orders are important! As this article reiterates, a spouse ignoring a court order for support could even result in a receiver selling that defaulting spouse's assets. Feel free to contact Cariaga Law for a free consultation if you or someone you know is on either side of that equation. https://business.financialpost.com//if-you-ignore-a-court-... #ontario #lawyer #familylawyer #divorcelawyer #divorceattorney #familylawattorney #attorney #toronto #mississauga #etobicoke #spousalsupport #childsupport

Good reminder of the importance of planning how to treat inheritances and other funds received during a relationship. Doing so can help avoid additional stress and costs in the event of a divorce or separation. Even though this is a BC case very similar considerations are applied in Ontario. Feel free to contact Cariaga Law if you or anyone you know needs any assistance with Family Law/Divorce Law issues. https://business.financialpost.com//why-you-should-plan-fo... #ontario #familylaw #separation #inheritance #lawyer #divorce #toronto #mississauga #divorceattorney #etobicoke

This study included at least one city in the Greater Toronto Area as well as other Canadian cities such as Montreal. This is very concerning for a lot of Canadians in general. According to the article: "Some areas showed lead levels "similar" to those in the US city of Flint, Michigan, during its 2015 water crisis." https://www.bbc.com/news/world-us-canada-50293527... #lawyer #ontario #etobicoke #health #lawnews #toronto #canada