Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
The good news is that in some cases, you can get divorced in Nova Scotia without ever setting foot in a court house. As long as you have an agreement on the terms of your divorce you can get a “paperwork-only divorce.” And it is not as expensive as you may think.
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 MoreIt is perhaps a bit obvious to say that divorces can be messy and that many families struggle to pick up the pieces after a nasty separation. But it doesn’t have to be that way.
When people use court to resolve their disputes they are relying on a stranger, the judge to make major decisions about their life. In a family law context this means a judge can decide when and where you will see your children, how much money flows to or from your spouse, where you can live and even what happens to your house.
Read MoreIn most cases, people can agree on the date of separation. When my clients ask me how to decide when they were separated I ask them when they stopped acting like a married couple. There is no one thing that marks a separation definitively (although one person moving out is usually a pretty good indication).
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Ask almost anyone who has been through it and they will say “too long!” Joking aside, it can feel like a long process, and the justice system is not exactly known for its speed, even at the best of times. The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision. A negotiated settlement is almost always faster than waiting for the court to order the terms of your divorce. So, what exactly takes so long with court?
The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.
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Every year after Christmas, Wal-Mart puts tupperware and storage bins up at the front of the store because they are big sellers. January is a natural time to take stock your life. It’s time to pack away the old things you no longer need so you can focus on the important things in front of you. It’s time to put those lights and decorations away for next year and to put that ugly sweater your cousin gave you in the “re-gift” pile.
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 MoreAlmost everyone has been touched by divorce in some way, so it is not surprising that that so many well-meaning friends and family are eager to give out legal advice during a separation. Unfortunately, their advice is not always accurate or helpful. One commonly repeated myth is that if the parents share equal custody, then no one has to pay child support.
Read MoreNon-traditional or “blended” families are becoming more and more common in Canadian society. One aspect of this movement is step-child adoption. Before deciding to adopt, it is a good idea to consider meeting with a therapist or a counsellor. In the rush of happiness about your new family it may appear there is no downside to adoption, but this is a big step to take with permanent effects. A counsellor can help you decide if adoption is right for you and the child.
Read MoreDuring a meeting last week, a senior family lawyer with over 25 years of experience told me that he tells clients involved in high conflict cases to delete all their social media accounts. There can be a strong temptation to let the world know just how awful your ex is. This same senior lawyer also said, “people think if they post negative comments about their ex that everyone will agree and take their side.” It is a good idea not to post anything to social media when you are upset. There is plenty of good research that says we do not make good decisions when we are emotionally charged, and once a post has been sent, there is no taking it back.
Read MoreDuring separation, figuring out "co-parenting" children is often the most difficult and important consideration. In most cases, both parents want what is best for their kids but they often have different ideas about what that looks like.
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 MoreAs the father of a four-year-old who has always been a “good eater” I am lucky that I do not have many struggles with her eating unhealthy foods. But as she gets older and exposed to more advertising, her requests for the three Cs (cookies, candy, and cake) have started to get a little louder. As a parent, I am happy for any help I can get to try to combat the slick marketing directed at her to consume foods high in fat, salt, and sugar.
Health Canada has opened public consultations about restricting advertising of unhealthy foods to young people. The goal is to decrease strain on the health care system by helping children develop healthy food habits that will continue throughout their lives.
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.
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A couple of recent news stories have highlighted the way that science, society, and the legal system are changing the definition of what it means to be a family. Just ask Natasha Bakht and Lynda Collins. Ms. Bakht and gave birth to her son, Elaan, seven years ago after using a sperm donor to get pregnant. From the moment Elaan was born, Ms. Collins was there for the family, eating meals, attending appointments, even joining them on holidays. Both women felt Ms. Collins had become a second momma to Elaan. But since they were not a romantic couple, it was not easy to for Ms. Collins to become Elaan’s adoptive parent.
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.
Read MoreThere is a stereotype in our North American Society that everyone should be happy and joyous during the Holiday Season. Unfortunately, this is often not the case for many people. The extra stresses during this time of year can often bring negative emotions to the forefront. If you are feeling extra stressed or depressed during this holiday season; step back and ask yourself why. Are the stresses coming from inside you, or are they external to you and beyond your control. The Public Health Agency of Canada has published a helpful article entitled Managing Holiday Stress http://www.phac-aspc.gc.ca/stress-eng.php which lists signs of depression and suggestions to cope with these holiday stresses.
Read MoreThe firm has also recently expanded its service offering to include contested family matters. It’s a sad reality that when relationships break down professional assistance is often beneficial in resolving the situation, particularly when children are involved. Joseph Cuffari joined Highlander this summer to fill this need. As a senior practitioner, he brings 35 years’ experience to the firm. He also has experience in the areas of probate, real estate and corporate planning.
Read MoreT 902.826.3070
F 902.826.1694
E info@highlanderlaw.ca
5288 St. Margaret's Bay Rd.
Suite #201, Upper Tantallon, NS (just outside of Halifax, Nova Scotia)
B3Z 2J1
