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In New Brunswick, Can You Make a Claim Against Your...

In a recent article, (In New Brunswick, When Do You Become “Common-Law”?), we discussed how long it takes to become common-law in New Brunswick.  In that article, we mentioned that common-law couples do not have the same rights as married couples, and there is no presumption of equal division of property on separation. However, you […]

In New Brunswick, When Do You Become “Common-Law”?

These days, almost every couple lives together for a period of time before they get married, and more and more couples are deciding to never get married at all.  We get a lot of questions about common-law status, such as how long does it take to become “common-law”, what does it mean, and do we […]

This Month in Nova Scotia Family Law – May 2023

Anderson v. Anderson, 2023 SCC 13 Judge: Justice Karakatsanis Subject Matter: Absence of Legal Advice when Entering Domestic Agreements The parties were married for three years. They had both been married previously, and each entered the marriage with significant assets. They separated and signed a domestic agreement without disclosing their individual finances or seeking independent […]

This Month in New Brunswick Family Law – April 2023

GM v JG, 2023 NBKB 57 Justice Danys R.X. Delaquis Subject Matter: Parenting Orders | Jurisdiction The parties have a 5-year-old child, who was born in New York. The Applicant is a Canadian citizen living in Saint John and the Respondent is an American citizen living in New York. The child has dual citizenship. The […]

This Month in Nova Scotia Family Law – April 2023

Ezurike v Gbeve, 2023 NSCA 27 Judge: Chief Justice Michael J. Wood Subject Matter: Motion by written submission (Civil Procedure Rule 90.38) Justice Peter Bryson dismissed Mr. Ezurike’s motion for an extension of time to file his appeal. The proposed appeal related to a Corollary Relief Order issued by Justice Samuel Moreau of the Nova […]

March 23, 2023

Family Orders and Agreements Enforcement Assistance Regulations

In November 2023, legislative amendments to Part I of the Family Orders and Agreements Enforcement Assistance Act (the “Act”) are expected to come into force. The main goal of these amendments is to assist the courts and provincial entities with the determination of fair and accurate amounts of support in situations where a parent fails […]

Did You Know: You May Be Able To Claim Family...

Tax season is upon us once again. Did you know that you could qualify to claim certain legal fees on your taxes? Be sure to speak with your family lawyer about providing you with a letter if you qualify. This could be a huge benefit or a missed opportunity if you do not have a […]

Mind your business: Business Assets, Professional Corporations & Divorce

Business owners or the spouse of a business owner encounter unique considerations when facing a divorce. The Marital Property Act’s Treatment of Business Assets The New Brunswick Marital Property Act, RSNB 2012, c 107 [hereinafter the “Marital Property Act”] exempts business assets from division with a spouse upon the breakdown of a marriage. Business assets […]

This Month in NS Family Law – October 2021

Richardson v. Richardson, 2021 SCC 36 Justices Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal Issues: Best interest of the child | Custody The parties have a 16-year-old daughter and a 10-year-old son. The dispute revolved around custody of the two children and whether it is in their best interests to […]

November 9, 2021

The Value of Domestic Contracts: Avoiding Costly Legal Disputes

It is no secret that family law disputes resolved using the court process come at great personal and financial expense. Being proactive with the use of domestic contracts ensures that both your family and business assets are better protected from costly legal disputes. What They Are Unfortunately, there is great stigma against pre-nuptial agreements because […]