legal advice

I am about to move in with someone and we want to enter into a Cohabitation Agreement in case things don’t work out. Can we do that before we move in together?

The answer is“yes”, as long as you do it before December 31,2019. Under new legislation, the Family Property Act which takes effect January 1, 2020, you will have to be married to each other or partners as defined under the Adult Interdependent Relationships Act. Under that Act, you either have to have lived with the […]

Read More...

Is a do-it-yourself Will valid? Does it need witnesses?

There seem to be two common types of do-it-yourself wills out there and both require the maker, or testator, to sign the document. The first is created using a will kit and contains a template. This one requires two witnesses to sign the will, in the testator’s presence, after the testator has signed it. The […]

Read More...

What’s the difference between a Prenuptial Agreement and a Cohabitation Agreement?

A Prenuptial Agreement is an agreement made before marriage usually to resolve issues of support and property division if the marriage ends in divorce or death. It can be entered into in contemplation of marriage but it is unenforceable until after the marriage. A Cohabitation Agreement is an agreement outlining the property and financial arrangements […]

Read More...

How is property divided in a divorce?

There is a presumption that all property accumulated during a marriage, whether in sole or joint names, is divisible on divorce.  However, as is so often the case, there are exceptions, including for property owned before marriage or received by gift or inheritance during the relationship. When property that is otherwise exempt from division is […]

Read More...

What is the difference between polyamory and polygamy?

As perceptions of the traditional family change and our definition of family broadens, new legal considerations arise, as these social changes often happen more quickly than legislative changes. The term polyamory, for example, generally describes a relationship structure where people engage in multiple relationships with multiple people at the same time, with full knowledge and […]

Read More...

How does independent legal advice (“ILA”) work and what does it cost?

ILA is more than a lawyer witnessing your signature; it’s necessary to meet the legal requirements for a valid agreement when couples are separating, divorcing, or starting out. Your lawyer will review your agreement and your situation with you, ask how the agreement was negotiated, and review what financial information was exchanged. Your lawyer will […]

Read More...