Have a look at these Ontario family law cases that defy boundaries and agreements. The cases show that courts would interpret the law to protect rights.
By the editors of Family Lawyer Magazine
Judge says civil partners from the UK can divorce as married Canadian couples – Hincks v Gallardo
A gay couple with a British civil partnership has been deemed as married and therefore are subject to the same divorce rights of Canadian married couples.
Wayne Hincks and Gerardo Gallardo entered into a civil partnership in London in 2009. They emigrated to Toronto in 2010 and became Canadian citizens. This ruling means Hincks cam launch a claim for the same divorce rights a Canadian married couple would normally be entitled to, whether gay or straight.
This case could set a precedent for the legal status of couples who have been formally partnered in other countries that do not allow same-sex marriage.
Record-breaking Divorce Ruling Struck Down Marriage Contract : McCain v McCain
Ontario Judge ignored marriage contract signed by Michael McCain and Christine McCain that says in case of a divorce, there will be no alimony payment going to Mrs McCain, just a lump sum of $7 million and the matrimonial home. The judge awarded her an interim spousal support payment of $175,000 a month.
Because of the high percentage of divorces, people seeking to protect their assets in the event of divorce have several options that include, but are not limited to, a pre-nuptial, post-nuptial agreement and/or a Trust.