74: Divorce Law (Steve Benmor) - August 17, 2022

On this episode, we’re discussing the area of divorce law with certified specialist, Steve Benmor!

Topics: the new Divorce Act; the civil tort of family violence; retroactive child support payments; and our Ask-Me-Anything Segment.

Full Episode (57:24) Download      Transcript

⚫ How does the wording of the new Divorce Act amendments shift the thinking away from a “winners vs. losers” dynamic”? (6:34)
⚫ What are the elements of the new tort of “family violence”? (16:34)
⚫ What are the available options to collect retroactive child support payments? (26:59)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (36:57)
🔵 What are some strategies that lawyers can employ when assisting high-stress clients during some of the most emotionally-fraught moments of their lives? (37:42)
🔵 In light of real estate prices, what are some legal considerations for lawyers who are advising clients entering into cohabitation agreements and (if so) to keep in mind? (40:48)
🔵 What are some considerations for new spouses who are contemplating whether to enter into a pre-nup agreement, especially when they do not currently have many assets in their portfolios? (43:45)
🔵 What are some ways that family/divorce lawyers can optimize the use of ADR during divorce proceedings? (46:21)

1. The New Divorce Act – A Shift Away from “Winners vs. Losers” (12:16) Download

“Government of Canada announces coming into force of Divorce Act amendments” (Mar 1, 2021)
Bill C-78: An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act
M. v. F., 2015 ONCA 277

2. Family Violence: A New Civil Tort (13:11) Download

Ahluwalia v. Ahluwalia, 2022 ONSC 1303

3. Collecting Retroactive Child Support (12:44) Download

Colucci v. Colucci, 2021 SCC 24
Michel v. Graydon, 2020 SCC 24

4. Ask-Me-Anything: Divorce Law (20:10) Download

🔵 What are some strategies that lawyers can employ when assisting high-stress clients during some of the most emotionally-fraught moments of their lives?
🔵 In light of real estate prices, what are some legal considerations for lawyers who are advising clients entering into cohabitation agreements and (if so) to keep in mind?
🔵 What are some considerations for new spouses who are contemplating whether to enter into a prenup agreement, especially when they do not currently have many assets in their portfolios?
🔵 What are some ways that family/divorce lawyers can optimize the use of ADR during divorce proceedings?


About the Guest:

Steve Benmor is the founder of Benmor Family Law. He is a recognized divorce lawyer, family mediator, arbitrator, speaker, writer and educator.

Mr. Benmor is proficient in mediating high net worth divorces and complex financial cases with his sophisticated financial understanding and in-depth knowledge of divorce law, tax law, real estate law, corporate law and trust law. Mr. Benmor has worked as lead counsel in many divorce trials, held many leadership positions in the legal community and has been regularly interviewed on television, radio and in newspapers as an expert in Family Law.

Steve Benmor is one of the only divorce professionals in Canada who is licensed, certified and accredited in all out-of-court divorce options. In addition to Mr. Benmor’s extraordinary commitment to children and families, The Family Dispute Resolution Institute of Ontario awarded Mr. Benmor his designation as a “Specialist in Parenting Coordination”. Mr. Benmor is one of Toronto’s 34 Certified Specialists in Family Law, 1 of Canada’s 51 Fellows of the prestigious International Academy of Matrimonial Lawyers and holds a Master of Laws in Family Law.

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