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Author: DeKrupe

De Krupe Law > Articles posted by DeKrupe

Powers of Attorney

[vc_empty_space height="35px"][mkd_blockquote text="A power of attorney is a document in which a person grants power over his or her assets or personal care to another person." title_tag="h3"][vc_empty_space height="35px"] Power of Attorney for Property A continuing power of attorney for property will continue even if the person granting it becomes legally incapacitated for health reasons. It must be in writing and witnessed by two persons. In order for it to be a continuing power of attorney it must state so. It is deemed to be in effect as soon as it is executed unless the grantor instructs otherwise in writing in the actual Power of Attorney...

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[vc_empty_space height="35px"][mkd_blockquote text="A will is a document that sets out a person’s wishes and directions with respect to the disposal of their property, or custody after their death." title_tag="h3"][vc_empty_space height="35px"] Requirements of Wills   In Writing A will has to be in writing, typed or hand written.  A tape-recorded or videotaped will is not valid. Signed by the Testator A will has to be signed by the person making the will. If a person is unable to sign with his own hand he can direct another to do so in his or her presence, in this case testator must acknowledge in the presence of...

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Spousal Support

  Who has a claim for spousal support? [vc_empty_space height="35px"][mkd_blockquote text="Both legally married spouses and those that are in a common law relationship have the right to spousal support. If you are not married but have cohabited continuously for a period of not less than three years, or in a relationship of some permanence, and are parents of a child you have grounds to spousal support." title_tag="h3"][vc_empty_space height="35px"] Two claims of entitlement to spousal support: [vc_row_inner][vc_column_inner][mkd_list_ordered] Compensatory claims – a) spouse’s economic loss or disadvantage because of the marriage, abandoned careers because of the role a spouse had to take on during the marriage, a...

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Matrimonial Home

What is a matrimonial home? The matrimonial home is defined in s.18 of the Family Law Act as “every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinary occupied by the person and his or her spouse as their family residence.” It is possible to have more than one matrimonial home as long as both or one spouse considers that property to be their family residence. Property bought or used only for investment that are rented out would usually not fall under this category. Do I have a right...

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Foreign Divorce Opinion Letter

  [vc_empty_space height="35px"][mkd_blockquote text="If you want to get married in Canada but have previously obtained a divorce abroad in another country, you must provide with your application a Foreign Divorce Opinion Letter. Failure to provide a Foreign Divorce Opinion Letter in this situation will jeopardize your application and you will not receive a marriage certificate." title_tag="h3"][vc_empty_space height="35px"]   Who can provide a Foreign Divorce Opinion Letter? In Canada only a lawyer can provide such a letter as only a lawyer has the right to practice family law in Canada.  A paralegal cannot provide such a letter as a paralegal is not qualified and is not...

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Domestic Contracts

Marriage Contract [mkd_blockquote text="Marriage contract is an arrangement between two persons who are married or who intend to marry and usually deals with the following:" title_tag="h3"] [vc_row_inner][vc_column_inner][mkd_list_ordered] Property ownership and division of such; Support obligations; Any other matters. [/mkd_list_ordered][/vc_column_inner][/vc_row_inner] Marriage contract may not: [vc_row_inner][vc_column_inner][mkd_list_ordered] Deal with child custody or access rights; Purport to limit a spouse’s rights to possession of the matrimonial home under part II of the Family Law Act. [/mkd_list_ordered][/vc_column_inner][/vc_row_inner] Cohabitation Agreements [mkd_blockquote text="This is an agreement between two persons who are not married, if they do marry the cohabitation agreement becomes a marriage agreement." title_tag="h3"] A cohabitation agreement usually deals with the following: [vc_row_inner][vc_column_inner][mkd_list_ordered] Property ownership and...

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[vc_row triangle_shape="no"][vc_column][vc_column_text] What is custody? [vc_empty_space height="3px"][mkd_blockquote text="Custody is the right and responsibility to make decisions affecting the well-being of the child." title_tag="h3"][vc_empty_space height="35px"] There can be sole custody when one parent makes all the decisions or joint custody where both parents make the decision. Principles of determining custody: The main principle is do what is best for the child.  That being said here are some of the principles that the court will keep in mind: [/vc_column_text][vc_row_inner][vc_column_inner][mkd_list_ordered] Usually siblings should stay together. The wishes of the child, especially an older child, are considered. Past conduct of the parents is usually not relevant unless it has a...

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Child Support

[vc_row triangle_shape="no"][vc_column][vc_column_text] Family Law Act and Divorce Act each require parents to provide support for their children. DIVORCE ACT Under s. 2(1) of the Divorce Act a “child of marriage” a child of two spouses or former spouse who: Is under the age of majority (18 years in Ontario) and who has not withdrawn from their charge, or Is the age of majority or over and under their charge but unable, by reason of illness, disability, or other cause, to withdraw from their charge or to obtain the necessaries of life. According if the child is over 18 years of age but is...

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Statute of Frauds

[vc_empty_space height="35px"][mkd_blockquote text="The Statute of Frauds was enacted in 1677 in England and was adopted in Canada and United States.  It is still part of our law in most Canadian provinces, except for British Columbia, Quebec, and Manitoba." title_tag="h3"][vc_empty_space height="35px"] It states that certain types of contracts must be in writing and signed by the parties. Such contracts include: [vc_row_inner][vc_column_inner][mkd_list_ordered] Contracts by an executor of an estate to pay debts of the estate from personal funds; Contracts by a person to guarantee the debts of another or be responsible for the tort obligations of another; Contracts for the sale of land or...

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Contractual Defects

[vc_empty_space height="35px"][mkd_blockquote text="A contractual defect is a defect in one of the elements of a valid contract.  In some cases the contractual defect will render the contract void ab initio (from the beginning) and in some other cases the contract can be voidable." title_tag="h3"][vc_empty_space height="35px"] The reasons for a contractual defect can be one of the following: [vc_row_inner][vc_column_inner][mkd_list_ordered] Misrepresentation; Duress; Undue Influence; Unconscionability; Mistake; [/mkd_list_ordered][/vc_column_inner][/vc_row_inner]...

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