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. .
Courts in Canada have repeatedly recognized the right of a child to have the name, gender expression and gender identity of their choosing. Even if you have not legally changed your child’s name and gender marker, a Nova Scotia court will use the name and pronouns indicated by parents in the application.
Read MoreIn Nova Scotia, same-sex couples have had the legal right to get married since 2005. Just like heterosexual marriages, some of these marriages will unfortunately break down. However, those in same sex relationship can be assured that they will be treated just like opposite-sex relationships by the legal system.
Read MoreMany people believe that the court favours mothers in custody battles. However, this is not necessarily true. The court must do what is in the best interests of the child. In Nova Scotia, the court will try to keep the “status quo” for children whose parents are separating, as much as is possible.
Read MoreIn Nova Scotia, we have what we call “no fault” divorce. This means that we do not take into consideration the “why” of the breakdown of the marriage, at least when it comes to the financial aspects, such as spousal support or division of property. In short, in Nova Scotia you will not be entitled to more or less support or other property because your ex-spouse had an affair or was abusive.
Read MoreIf you are experiencing any form of abuse from a partner, you should know that it is not your fault. If you wish to leave an abusive relationship, it’s important to know that your ability to have custody of your children and your entitlement to spousal and/or child support are not affected in Nova Scotia by the fact that you have experienced abuse.
Read MoreSo, you and your spouse (legal or common law) have agreed that one of you will “buy out” the other from the home you share ownership of. What does that mean?
Generally speaking each party is presumptively entitled to 50% of the equity in a jointly owned home. In order to switch it to a single spouse there are several steps.
Read MoreWhat is a co-habitation agreement?
A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.
Read MoreSharing works best when everyone is on the same page …… or preferably a few pages. Cohabitation agreements are not just for couples.
With the changing real estate market and housing shortage it is becoming more and more common for people who are not in romantic relationships, and various family members to be sharing ownership of homes.
Read MoreWhat is a co-habitation agreement?
A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.
Read MoreWhile people know that being in a common law relationship is not the same as being married, which automatically creates “matrimonial” rights and obligations for your spouse in the event that you pass away or require medial attention.
Read MoreIn Nova Scotia animals are legally considered property. This may seem bizarre, as our furry friends have little in common with a lamp or table. There are some areas of Canadian law that treat animals more like living things. For example, the Criminal Code of Canada provides specific crimes for cruelty to animals and provides protections for police service animals, but for any other matters focusing on pets your Province’s personal property law will apply.
Read MoreSo you’ve been to Family Court Nova Scotia, negotiated a settlement, or received a judgment, and you are now have a Court Order setting out terms like parenting time, and child or spousal support. Hopefully that’s the end of it and you can carry on with your life. Unfortunately, life can change in ways your Court Order can’t predict. Maybe you or your children’s other parent has an amazing career opportunity in Australia. This would be great but your Court Order says you have 50/50 parenting time with the kids and they started high school in Halifax. If you have a good relationship with your ex you can probably work things out without involving lawyers or the courts. If not, well that’s what Variation Applications are for.
Read MoreTrying to determine whether or not you, or your spouse is entitled to spousal support upon separation can be confusing. That is because spousal support is a complicated subject that takes many different factors into account, so the answer may be very different depending on your circumstances.
Read MoreIn shared custody arrangements child support is often calculated using the simple set off approach. This is a straight forward way of calculating child support and involves the following:
· Parent A’s income corresponds with a child support payment of $500.
· Parent B’s income corresponds with a child support payment of $100.
Read MoreShared custody arrangements for children are becoming more and more common in Canada. In family law a 60/40 percent or closer custody split is considered shared parenting.
Read MoreA recent article highlighted the fact that in the UK, over 200 divorce petitions have referenced the popular video game Fortnite as one of the reasons for divorce. As silly as it sounds that people would get divorced over a video game, digital addictions are causing more and more problems.
Read MoreI see many people in my office whose relationships have broken down. Although every couple and every situation are unique, there are some common themes that emerge. Whether clients label it or not, “emotional labour” is at the heart of many disputes and a significant cause in relationship breakdown. But what is emotional labour?
Read MoreSeparation and divorce create uncertainty, especially in the early stages. The question of where you, and any children involved, are going to live is one of the biggest long term and short term decisions that you will make. So now what? You are separating, the whole point is that you do not want to live together anymore. And what about the kids, they still have school, you do not want to disrupt their lives any more than they already are.
Read MoreWhen a couple separates, they know they will have to consider custody and parenting arrangements, support payments, and property division. One critical area that can be overlooked is life insurance.
Read MoreFor most families, the matrimonial home is the most significant asset they own. Deciding how to deal with it after the breakdown of the relationship is an important decision with long term consequences. Did you know, when refinancing as part of a separation, the spouse keeping the home may qualify to refinance at a higher percentage of the value of the home than the standard maximum. The standard maximum is 80%, but the maximum for a spousal buyout can be as high as 95%.
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
