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Archive for February, 2008

What is the difference between a Prenuptial Agreement and Marriage Contract?

Sunday, February 24th, 2008

Video: What is the difference between a Prenuptial Agreement and Marriage Contract?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
We call it in Canada, or in Ontario, a Marriage Contract but in the U.S.A. they call it a “pre-nup” or a Prenuptial Agreement. … It’s not uncommon for people to actually do a Marriage Contract […]

What goes into a Marriage Contract?

Sunday, February 24th, 2008

Video: What goes into a Marriage Contract?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
[Host: What’s usually in a [Marriage] Contract, by the way Steve? Is it all material? Is it an agreement about material assets, pension plans, retirement savings? Is that is what is included in a Marriage Contract?] It boils down to two […]

Do I have to share my pension when I divorce?

Sunday, February 24th, 2008

Video: Do I have to share my pension when I divorce?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
A pension, a lot of people don’t see it as this but, a pension is just another asset. Much like a G.I.C. or an R.R.S.P. or a car or a boat, it’s an asset. And the law […]

How can I see my child if she and her mother live in another city?

Sunday, February 24th, 2008

Video: How can I see my child if she and her mother live in another city?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
I had a case of the summer where it was a child that had two parents, one lived in Toronto and the other one lived in Owen Sound. And they hired a […]

What is the role of your family and friends when going through a divorce?

Sunday, February 24th, 2008

Video: What is the role of your family and friends when going through a divorce?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
In my practice, I often times invite my client to bring their family with them. Why? For a few reasons. One: I want the family to hear my advice. I don’t want it […]

How do you introduce a Marriage Contract to your fiancée?

Sunday, February 24th, 2008

Video: How do you introduce a Marriage Contract to your fiancée?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
[Host: It’s got to be a difficult discussion to have, isn’t it? I mean saying to someone, “You know, listen, I got to be honest with you. You know, we’re going to get married and …” Do […]

What court jurisdiction governs my access rights?

Sunday, February 24th, 2008

Video: What court jurisdiction governs my access rights?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
… I can’t speak for Quebec law, but to use Ontario as a barometer, Family Law with respect to custody rights and visitation rights or access rights, goes accordingly. It goes by the province or by the law of the […]

How important is communication with my ex?

Sunday, February 24th, 2008

Video: How important is communication with my ex?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
… and the most important thing is communication. Communication. Even when a relationship ends, and there’s a child in common, you don’t have the option of not communicating. And so, a lot of people think, “Well you know what, I […]

Does a common law spouse have a right to property division?

Sunday, February 24th, 2008

Video: Does a common law spouse have a right to property division?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
… because there’s a big difference between dating someone for seven years and living with them and sharing a home together. And the law that pertains to you is the Family Law Act. And in the […]

How to manage the Christmas holidays during divorce

Sunday, February 24th, 2008

Video: How do you manage the Christmas holidays during divorce?
By: Steven Benmor, B.Sc., LL.B., Family Lawyer
Jurisdiction: Ontario (Canada)
First of all be practical. The reality of is whether you’re the parent with the kids living with you or you’re the parent who the kids are not living with, recognize that it’s all about the kids. The […]