Author Archives: Pei Wang

Mother’s Day, Father’s Day, Labour Day … (You Get the Idea) and Separation

Posted in: "All, Collaborative Practice, Family Law, Lawyer Talk by Pei Wang | No Comments Thursday, May 10, 2012

Separation is painful enough for most, especially when there are children involved. These difficulties are often made worse by special occasions, such as Mother’s Day, which is this Sunday, May 13, 2012.

Reasonable family law lawyers observe the Unwritten Rules when it comes to special occasions in separated households and advise their clients accordingly. Although the Unwritten Rules vary from region to region, it larges boils down to these two words: be fair.

Based on my experience as a family law lawyer practising in Toronto, I give a few examples here, although they by no means cover all the Rules:

1. Children should be able to spend time with their moms on Mother’s Day and with their dads on Father’s Day.

2. Both parents should have the opportunity to celebrate the child’s birthday with the child, on or near the actual date of the child’s birthday.

3. Religious and cultural observances are trickier.

  • If the parents are of different faiths or cultures, things are easier to manage. The children will spend approximately the same amount of time during the year with each parent in cultural or religious observances.

For example, say Mom has a Chinese heritage and Dad has an American heritage, it’s fair if the child spends the Chinese New Year with Mom and Thanksgiving with Dad.

  • If the parents belong to the same faith and/or culture, I recommend alternate scheduling. For example, one year the children will be with the father during the significant days, and the next year they’ll be with the mother.

Alternatively, when the significant days are longer (as with Easter) and if the schedule allows, the children may spend a portion of the holy days with one parent and the remaining with the other. The following year the parents will reverse the order.

4. Secular observances, such as New Year’s Day and Labour Day, are open for discussion. While most parents alternate the schedule from year to year, some prefer a fixed schedule.

  • For example, if Mom works as an accountant, the spring break – which falls at tax-preparation time for her – may not be a convenient time for her to take off work. If Dad is a teacher, then the Labour Day long weekend will probably be busy for him.

Remember, children are not bargaining chips. It’s not their fault that the marriage or relationship hasn’t worked out. They should have as much quality time as possible with both parents.

This blog is provided for educational purposes. It is not legal advice and should not be regarded as such. The law may have changed since the publication of this article.

Toronto Blawgger Meet-up a Success

Posted in: "All by Pei Wang | No Comments Wednesday, May 9, 2012

I’m so pleased to report that the Toronto Law Blogger or “Blawgger” meet-up on Monday was a great success. My special thanks extend to Mark C. Robins of Lawyer Locate, who footed the bill.

Roll Call
(on Left):

(on Right):

(Not in photo but present)

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Marriage and Cohabitation: What’s the Difference?

Posted in: "All, Family Law, Lawyer Talk, Legalese Dictionary by Pei Wang | No Comments Tuesday, May 8, 2012

Ever wondered about the legal difference between marriage and cohabitation?

In a nutshell, the difference is that a marriage cannot be legally undone by the parties. Once two persons are married, they are spouses of each other until the marriage is dissolved by a court order or by death.

Even for people who have been separated from their spouses for many years, without a divorce order (or the death of the other spouse), they are considered married and cannot legally remarry under the current law.

In other words, “Once you’re married, you’re married.” There’s no undoing a marriage on your own – at least not in Canada.

Cohabitation, on the other hand, is largely based on a mutual desire to live together. If one day you decide to leave the relationship, it’s perfectly legal for you to walk straight into another one (or even get married). Stories about how a guy broke up with his long-time girlfriend and got married with another woman days later are not unheard of.

Of course, when you look at the fine print, couples who have lived together for a long time still have legal rights and responsibilities similar to those between married spouses. As for the details of the similarities and differences, I leave those for another day.

This blog is provided for educational purposes. It is not legal advice and should not be regarded as such. The law may have changed since the publication of this article.

An Alternative to Restraining Orders

Posted in: "All, Family Law, Lawyer Talk by Pei Wang | No Comments Monday, May 7, 2012

Previously I blogged about restraining orders in family law. While they may be effective, some judges see them as a draconian measure  and prefer a less restrictive alternative.

In Ontario, under the Children’s Law Reform Act, the court has a variety of powers to impose terms and conditions as it sees fit to protect the children whose custody is in dispute.*

For example, the court can make an order limiting the duration, frequency, manner or location of contact or communication between the parties. If one parent is concerned about confrontation during pick-up and drop-off of the children, for instance, he or she can ask the court to order that the exchange take place in a public place, and that the parents may only communicate through emails or text messaging.

The court also has the power to impose conditions on a parent’s access while he or she is  caring for the children or in their presence. Conditions are often imposed if there are concerns of drug or excessive alcohol consumption.

Of course, the court’s powers are not limited to the two discussed above. If you have questions regarding custody and access, please consult a licensed lawyer in your jurisdiction.

*R.S.O. 1990, c.C.12 as am.

This blog is provided for educational purposes. It is not legal advice and should not be regarded as such. The law may have changed since the publication of this article.

Toronto Law Blogger/Tweeter Meet-up Next Monday

Posted in: "All, In the News, Lawyer Talk by Pei Wang | No Comments Friday, May 4, 2012

My dear colleague and blawgger Gary J. Wise is organizing a meet-up next Monday. If you write, tweet, or blog about law-related stuff, you are welcome to attend.

Date: Monday, May 7, 2012

Time: 7:00 pm

Place: The Keg, 175 York St.

Please RSVP @wiselaw via the Twitter universe. I will be attendance.

A Brief Note on Restraining Orders

Posted in: "All, "Brief Note" Series, Family Law by Pei Wang | No Comments Monday, April 16, 2012

*IMPORTANT*

If you feel your safety or your child’s safety is in immediate danger, please call 9-1-1 right away. Once you and your child are out of danger, you may contact a lawyer for assistance.

In Ontario, restraining orders are available under two family law statutes, namely the Children’s Law Reform Act and the Family Law Act.

Under the law, on application, the court can grant a restraining order against a person if the applicant can prove to the court the he or she has reasonable grounds to fear for his or her own safety or the safety of a child under his or her lawful custody. Typically, a restraining order is made against one of the parents.

The restraining order, once granted, is entered into the database of the Canadian Police Information Centre (CPIC). General descriptions of the people involved in the order (i.e., the applicant and the person who is subject to the restraining order) are also recorded to ensure speedy enforcement.

Restraining orders, as effective as they may be, are draconian measures. Any violation against a restraining order will probably result in jail time before the violator can state his or her case. As such, judges sometimes prefer less restrictive measures (such as a no-contact order) if they are available.


This blog is provided for educational purposes. It is not legal advice and should not be regarded as such. The law may have changed since the publication of this article.

Living Together? Buying a Home? Maybe You Should Consider a Cohabitation Agreement

Posted in: "All, Family Law by Pei Wang | No Comments Tuesday, April 10, 2012

Many people live together without getting married, sometimes for decades. While they may live as if they are married, they’re technically not. Thus, at the breakdown of their relationship, they aren’t entitled to the legal mechanism regarding property division that married couples enjoy (or endure, depending on which side of the equation you’re on).

Without this legal mechanism (called “equalization“), the process of sorting out who’s getting what is messy. The couple will have to resort to the common-law doctrines of resulting trust and constructive trust. In many cases, given the modest value of the properties in dispute, the legal fees required to prove the case simply can’t be justified.

Therefore, having things written down in case of a breakup may sound like a good idea. We call these contracts between unmarried couples cohabitation agreements.

Essentially, a cohabitation agreement works like a prenuptial agreement (or a marriage contract, as we call them in Ontario), only the couple aren’t getting married. The two are free to negotiate their rights and obligations for the duration of the relationship or at the time of  breakup or death.

A cohabitation agreement can be as simple as a complete release of claims to property and support. Or it can be as complicated as you like, with minute details like how the points on credit cards should be divided if things go south.

However, most people are concerned about their homes. Some couples agree to a buy-out formula, while others agree to sell the home and then split the proceeds in a certain way. In truth, there are really no one-size-fits-all solutions.

The cost of a properly drafted cohabitation agreement isn’t much compared with the full-blown litigation you may eventually face without one. If you’re thinking about buying a home with your girlfriend or boyfriend, perhaps it’s a good opportunity to discuss whether a cohabitation agreement is for you.

Please call 416-433-5531 to book an appointment.

This blog is provided for educational purposes. It is not legal advice and should not be regarded as such. The law may have changed since the publication of this article.

Let’s Go to Taiwanese Heritage Day! “Fantastic Taiwan” Saturday, April 28, 2012

Posted in: "All, In the News by Pei Wang | No Comments Thursday, April 5, 2012

I’m pleased to announce that we at PSWLaw will be supporting and attending Taiwanese Heritage Day “Fantastic Taiwan.” The cultural festival takes place at the Winter Garden Theatre on April 28, 2012, at 6:30 pm. I have bought group tickets on behalf of the firm and friends in the community. I hope to see you there!

Fantastic Taiwan

Separation Agreements, Prenuptial Agreements (and Other Domestic Contracts) Made Outside Ontario

Posted in: "All, Family Law, Legalese Dictionary by Pei Wang | No Comments Wednesday, March 28, 2012

A contract is governed by the laws of wherever it is that the contract was formed. The validity of domestic contracts, including separation agreements, cohabitation agreements, and prenuptial agreements, is subject to the laws of the land where the contract in question was made. Thus, a domestic contract made in Germany must comply with German law for it to be recognized as valid and enforceable in Ontario.

However, to discourage “forum shopping” – i.e., Ontario residents travelling to another jurisdiction where the laws are more favourable to their circumstances – the Ontario Family Law Act* includes specific provisions to set limits on the validity and enforceability of domestic contracts made outside Ontario.

Specifically, domestic contracts must be compliant with Ontario’s internal law to be recognized as valid and enforceable. For example, a provision in a marriage contract or a cohabitation agreement regarding the right to custody of or access to children would not be enforceable.

Even if the domestic contracts made outside Ontario are recognized as valid and enforceable, a spouse nonetheless has the right to apply to the courts in Ontario to set aside the contract in dispute.

*R.S.O. 1990, c.F3

This blog is provided for educational purposes. It is not legal advice and should not be regarded as such. The law may have changed since the publication of this article.

Legalese Dictionary: “Deductions” and “Exclusions” When Calculating Net Family Property

Posted in: "All, Family Law, Just for Laughs, Lawyer Talk, Legalese Dictionary by Pei Wang | No Comments Tuesday, March 27, 2012

By law, the process of dividing the properties in a marriage is called the “equalization process.” Both spouses tabulate their net worth, and whoever ends up with less is entitled to half of the difference.

In most cases the matter of which properties are owned by each spouse is not in dispute. However, the issue of whether each specific property should be included in the net family property is often fraught with contention.

It turns out that the law allows, in limited circumstances, for a spouse to exclude or to deduct specific types of properties. While the words “deduction” and “exclusion” are often used interchangeably in everyday use, they have very different meanings under the law for the purposes of dividing properties in a divorce or separation.

“Deductions“ under the Family Law Act* refers to the subtraction of the value of certain properties at a specific date, usually the date of marriage. “Exclusions,” however, refers to omitting the properties from the net family property entirely.

For example, if a painting was worth $10,000 at the date of marriage and $50,000 at the valuation date, to deduct the painting as of the date of marriage would be to include the painting in the owner’s net family property at $40,000 (the current worth of $50,000 less $10,000 at the date of marriage). However, if the owner gets to exclude the painting entirely, then the painting would not be included in the owner’s net family property at all.

Generally speaking, exclusions are rare. Examples include gifts or inheritances acquired during the marriage (but not necessarily income generated from the gifts or inheritances), damages awarded, life insurance policy proceeds, and items agreed to in a separation agreement.

*R.S.O. 1990, c. F3

This blog is provided for educational purposes. It is not legal advice and should not be regarded as such. The law may have changed since the publication of this article.

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