Latest Legal News in Family Law Ontarians Address the Most

With the Canadian economy officially in a recession, discussions surrounding Serra v Serra, 2009 ONCA 105 resurged. If you have any questions regarding this blog, or someone you know needs legal help with family matters, BOZAI LAW is a full-service firm that serves clients across the GTA and Ontario.

A marriage contract is a type of domestic contract that says how you deal with your issues while you are together or at the end of your relationship.

For example, you can agree on things like how you and your partner will divide your property and debts if you separate. The most common issues that people deal with in a prenup are property issues and spousal support. If you do not have a marriage contract, and you separate from your partner, your property acquired during the marriage may be divided 50-50 regardless of whose name the property is in. A marriage contract can also serve as a record of the assets that you came into the marriage with. In case of divorce or separation, this is important information to have…

 

Ontario’s family law says a woman who has signed a mahr still has the right to claim spousal support, child support, and a share of family property. 

The law says that at the end of a marriage, married couples usually share the value of all their family property equally. Whether the mahr is included or not as part of the calculation of family property depends on the wording of the agreement. For example, the agreement might say that the mahr is excluded from this calculation. Then the woman gets the mahr in addition to her share of family property.