Written by: Lillian T.N. MacKenzie. Separation Agreements are contracts between two separating spouses.  A separation Agreement can give you everything a court can give you with one exception, a divorce.  It is therefore possible for non-married persons to never file any court papers but rather conduct themselves solely by way of agreement. Separation Agreements are…

Written by: Katina P. Mikos. Blended families are more common than ever in Manitoba.  According to the 2016 census, one in every ten Canadian children is living in a step-family.  However, what happens when a blended family separates? what kind of ongoing legal obligations does a step-parent have to a step-child? To determine whether a…

Written by: Elsa Falkenberg. “Am I legally common law?” The short answer is, “it depends.” Common law partners now have many of the rights and obligations traditionally available only to married couples.  Marital status is a straightforward point (married or unmarried), as are common-law relationships that have been registered with Vital Statistics.   It is those…

Written by: Elsa Falkenberg “How do I get a legal separation?” A common question for people facing the daunting idea of ending a marriage or common law relationship is how to “legally separate.” In addition to the emotional weight of this process are the practical issues of separating your financial affairs and setting arrangements for…

Cohabitation Agreements also known as Prenuptial Agreements are needed whenever a couple does not want their affairs governed by the law but rather by their own wishes.  Because the needs and wishes of each couple are different, these agreements are more unique than other spousal agreements; like the couple’s fingerprint. Whether a Cohabitation / Prenuptial…

A common question with a “maybe” answer, leaving both payor and recipient wonder how long the support obligation will continue without their having to spend a small fortune on legal fees to find out.  Unfortunately, the same fact scenario can have three different answers from three different lawyers because no two fact scenarios are exactly…

Sole custody vs. Joint custody – what is the difference? Custody has to do with who participates in making major legal decisions for children. Care and control, on the other hand, has to do with who the children are with and when. A parent with custody makes decisions for the children regarding such things as…

Dealing with the death of a loved one is a difficult and emotionally charged time. Occasionally the deceased spouse has failed to organize their affairs to ensure the surviving spouse has been left with an appropriate legacy. Occasionally the deceased spouse has purposely excluded the surviving spouse from their estate. The result for the spouse…

Choosing the Right Lawyer – Finding the right lawyer to help you work through a separation or divorce from start to finish is a very important decision. The lawyer you choose is being entrusted with one of the most important problems you will ever have to solve. For better or for worse the lawyer you…

They say two of the most hotly litigated areas in family law are mobility and spousal support, and no wonder! Decisions relating to whether or not a parent can move a child away from another parent are very fact specific, which means that it is difficult for the court and lawyers to rely on prior…