AÂ confusing topic in Family Law is the issue of dower rights, often mis-described as “dowry rights”. Failure to deal with dower rights after separation can result in unexpected and expensive consequences. Dower rights are a left-over from English law imported into Canada at Confederation. Originally, the concept of dower provided …
What is a Common Law Relationship?
By Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Tuesday, August 6, 2013. In Family Law there is a popular misconception that couples who live together for a period of six months or more achieve “common law” status and acquire rights and obligations similar to married …
Are Pre-Nuptial Agreements Enforceable?
We’ve recently been asked whether Pre-Nuptial Agreements are enforceable, or if they automatically “expire” after a certain period of time. The short answer is that Pre-Nuptial Agreements are a valuable tool by which assets can be preserved in the event of divorce and do not expire unless terminated by written …