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Lump Sum Spousal Support

If sufficient resources are available spousal support may be paid from one spouse to another in lump sum form. This has the advantage of allowing the parties to have a clean break. A lump sum may also be appropriate if the payor spouse presents a high risk of defaulting on ongoing payments. Lump sum spousal support is not taxable in the hands of the recipient and it is not tax deductible to the payor.

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If I am receiving spousal support from my ex-spouse, what happens if I remarry another?

The repartnering or remarriage of a support recipient affects spousal support under the Spousal Support Advisory Guidelines. It is to be noted that repartnering and remarriage does not necessarily mean that there is an automatic termination of spousal support. The following factors often have an impact on determining the quantum of spousal support when a support recipient repartners or remarries: Whether the support recipient is in receipt of compensatory or non-compensatory spousal support. Compensatory spousal support is often treated differently than non-compensatory spousal support. The standard of living in the recipient’s new household. The length of the first marriage is often a relevant factor to be considered. The age of the spouse receiving spousal support. In extreme situations, it is easier to attempt to predict the outcome of the recipient spouse repartnering or remarrying. For instance, remarriage by the recipient of spousal support may well terminate spousal support if the first marriage was short in duration, the spousal support is non-compensatory and the recipient is young. This ability to predict is not sufficient to provide a formula that can be applied across the board in these cases. If you are a recipient of spousal support and you are considering repartnering or remarrying, contact the...

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Family Law Settlement Conference in Toronto

The Family Law Settlement Conference in Toronto is a last opportunity for the litigants to settle the matter without going to a trial. The goals of a Family Law Settlement Conference in Toronto include the following (Family Law Rules, Rule 17(5)): Exploring the chances of settling the family law case; Settling the issues that are in dispute; Ensuring disclosure of the relevant evidence; Settling or narrowing any issues relating to any expert evidence or reports on which the parties intend to rely at trial; Noting admissions that may simplify the case; If possible, obtaining a view of how the court might decide the case; Considering any other matter that may help in a quick and just conclusion of the case; If the case is not settled, identifying the witnesses and other evidence to be used at trial, estimating the time needed for trial and scheduling the case for trial; and Organizing a trial management conference, or holding a trial management conference where appropriate. The Family Law Settlement Conference in Toronto is generally presided over by the case management judge. A case management judge in family law monitors and manages the progress of a family law court case as it moves through the system....

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Can one lawyer act for the buyer and seller of real property?

According to the Rules of Professional Conduct, one lawyer cannot act on behalf of both the buyer of real property (otherwise known as the transferee) and the seller of real property (also known as the transferor) except under limited circumstances. In the following series of circumstances, and so long as there is no violation of rule 2.04 of the Rules of Professional Conduct, a lawyer may act for the transferor and the transferee when transferring title with respect to real property: (a) The Land Registration Reform Act allows the lawyer to sign the transfer on behalf of both parties. (b) The parties are "related persons," which according to section 251 of the Income Tax Act (Canada) include but are not limited to the following: People connected by blood relationship, connected by marriage, common-law partnership, or adoption.  A corporation and a person who controls the corporation (assuming that the corporation is controlled by one person). A corporation and a person who is a member of a related group who controls the corporation. (c) The lawyer's practice is in a remote location where there are no other lawyers that either the transferor or the transferee could retain for the transfer, without causing them undue inconvenience....

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An Explanation of Different Types of Mortgages

A mortgage is a loan that is secured against real estate. If you want to purchase a home, it is always a good idea to get pre-approved on a mortgage. The pre-approval will outline how much, based on your qualifications and personal credit ratings, the bank feels you can afford to borrow. By being pre-approved, you will then know in advance what funds you will have available in order to negotiate your purchase price.  Additionally, if the property is very desirable you can put in an offer without it being conditional on financing and then the vendors (or the party selling the property) may be more inclined to negotiate an offer of purchase with you. There are many different kinds of mortgages a person can obtain. A conventional mortgage is a mortgage that does not exceed 80% of the purchase price of the property. Accordingly, this type of mortgage does not need to be insured against default. A high ratio mortgage is a loan that needs to be insured against loss by either Canada Mortgage and Housing Corporation (CMHC), a Federal Government Corporation, or GE Capital, a private insurer. If you don't have 20% of the lesser of (a) the...

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What is an offer to purchase or an agreement of purchase and sale?

An offer to purchase is also commonly referred to as an agreement of purchase and sale. An offer to purchase (or agreement of purchase and sale) outlines the terms upon which the buyer agrees to purchase the property from the seller. It takes the form of a written legal contract between two parties, being the buyer and the seller. Usually, an offer to purchase is a legal document drafted by a lawyer and witnessed by a third party. That means that the contract is legally binding, and that the purchase is subject to the terms outlined in the offer to purchase. In addition, it often outlines the price upon which the buyer will buy the property from the seller. An offer to purchase can come in one of two forms. It can be firm, or conditional. A firm offer contains no conditions. The agreement is straightforward and clear cut. It outlines that the sale will take place and the way in which the sale will proceed. This type of offer does not outline specific conditions that need to be met in order to go ahead with the sale. A conditional offer is another type of offer to purchase. This type of...

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