Ask a Lawyer – “I signed a domestic contract with my ex-spouse. Can I claim more support or more property than the domestic contract says I can?”

The short answer is – possibly. Domestic contracts are agreements that govern the parties’ rights and obligations under family law – such as the ability to claim support or apply for division of property. Domestic contracts include separation agreements, prenuptial agreements, marriage contracts, and so forth. Generally, the courts say that domestic contracts cannot be…

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Ask a Lawyer – “What is a mutual will and why would I want one?”

It is common for spouses to make “mirror” wills, leaving their property to each other, with the provision that the property will go to agreed-upon beneficiaries (such as the children) after both pass away. However, nothing legally prevents one of the spouses from secretly changing their will – before or after the other spouse’s death…

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Did you know that there are two types of adoption in New Brunswick?

All adoptions in New Brunswick of Canadian born children are regulated by the New Brunswick Family Services Act. Under this Act the two broad categories of adoptions are private and ministerial. Private adoptions are where the biological parent(s) know the prospective adoptive parent(s) personally, and they arrange the adoption between themselves. A ministerial adoption is…

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“Ask A Lawyer” – Tax implications of support payments

If you are a child support or spousal support payer or recipient, as we approach tax season you are likely wondering what the implications of your support payments are. If you are, this post is for you! It is important to keep in mind while you are reading this post that its purpose is informational…

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“Ask A Lawyer” – Effect of Marriage and Divorce on Wills

Those who have married or divorced may want to consider making a new Will. Unless specifically contemplated in the Will, a previously made Will is automatically revoked upon marriage. The rationale behind this is that a deceased person is expected to provide for his or her spouse and issue, and the effect is that if…

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