family law Archives - Bracelaw https://bracelaw.ca/tag/family-law/ Professional Corporation Wed, 25 Sep 2024 18:54:03 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://bracelaw.ca/wp-content/uploads/2022/08/Brace-Law-2.svg family law Archives - Bracelaw https://bracelaw.ca/tag/family-law/ 32 32 Canada’s Commitment to Family Reunification: Advancements in 2023 https://bracelaw.ca/canadas-commitment-to-family-reunification-in-2023/ Tue, 22 Aug 2023 17:04:00 +0000 https://bracelaw.ca/?p=4959 Family reunification stands as a fundamental pillar of Canada's immigration strategy, and in 2023, significant progress has been made in advancing this commitment.

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Family reunification stands as a fundamental pillar of Canada’s immigration strategy, and in 2023, significant progress has been made in advancing this commitment. Immigration, Refugees and Citizenship Canada (IRCC) has implemented various measures to expedite the reunification of families, ensuring that spouses, partners, and children can be together sooner.

Let’s explore the key developments:

  • Temporary Resident Status (TRV) Program: In line with the Prime Minister’s mandate, IRCC introduced a program to issue temporary resident status to spouses and children abroad while their permanent residency applications are being processed. This initiative aims to minimize the time families spend apart.
  • Faster Processing and Dedicated Tools: On May 26, Immigration Minister Sean Fraser announced new measures to accelerate the reunification process. Spousal applicants for temporary resident visas (TRV) now benefit from faster processing times. IRCC has also introduced dedicated processing tools for spousal TRV applicants, streamlining application processing for non-complex cases.
  • Open Work Permit for Spouses and Dependents: A new open work permit has been introduced for spousal and family class applicants. This enables spouses and dependents to work in Canada while their permanent residency applications are in progress, enhancing financial stability and facilitating family integration into Canadian communities.
  • Open Work Permit Extensions: Open work permit holders, including spouses of temporary workers and international students, as well as dependents of permanent resident applicants, have become eligible to extend their permits for 18 months if their current permits expire between August 1st and the end of 2023. This measure benefits approximately 25,000 individuals, ensuring they can continue working and residing in Canada during the application process.
  • Open Work Permits for TFWP and IMP: Since January 30, open work permits have been made available for spouses, dependents, and common-law partners of participants in the Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP). This initiative, set to last until 2025, aims to alleviate financial stress, enhance family stability, and promote integration within Canadian communities.
  • Family Class Sponsorship: Family class immigration, the second most popular method of immigrating to Canada, continues to play a significant role. Under the Immigration Levels Plan 2023-2025, Canada aims to welcome 118,000 permanent residents annually through family class sponsorship by the end of 2025. This includes spouses, partners, dependent children, parents, and grandparents.

To be eligible as a sponsor, individuals must be Canadian citizens or permanent residents, 18 years of age or older, and capable of providing financial support to the sponsored person(s) for several years. The level of support required varies based on the number of individuals being sponsored. Sponsors must also sign a financial undertaking, which holds them legally responsible for supporting their family members, even in the event of a relationship breakdown.

These advancements highlight Canada’s unwavering commitment to family reunification and the importance of keeping families together. By implementing these measures, Canada aims to reduce separation periods, enhance family well-being, and promote social integration.

Are you in need of professional assistance to navigate the complexities of family reunification in Canada? Look no further than Brace Law. Our team of experienced immigration lawyers is here to help you understand your options and guide you through the process based on your unique circumstances.

With offices conveniently located in Oakville and Vaughan, Brace Law is well-equipped to serve clients from various cultural backgrounds, offering services in multiple languages, including English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil, and Urdu.

Don’t let the complexities of family reunification in Canada overwhelm you. Contact Brace Law today at 905-815-6555 or email us at admin@bracelaw.ca to schedule a consultation. Rest assured, with Brace Law by your side, your case will be handled with professionalism, care, and expertise.

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Understanding the Second-Generation Cut-Off Rule for Canadian Citizenship https://bracelaw.ca/understanding-the-second-generation-cut-off-rule-for-canadian-citizenship/ Tue, 06 Jun 2023 20:23:18 +0000 https://bracelaw.ca/?p=4715 Eligibility for Canadian citizenship is based on certain criteria, including being born outside of Canada with at least one biological or legal parent who was a Canadian citizen at the time of the individual's birth.

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Eligibility for Canadian citizenship is based on certain criteria, including being born outside of Canada with at least one biological or legal parent who was a Canadian citizen at the time of the individual’s birth. However, Canada restricts citizenship by descent to the first generation born outside of Canada to a Canadian parent.

Since its inception in 1947, the Canadian Citizenship Act has undergone multiple amendments. Initially, the Act allowed Canadian parents to pass citizenship to their children born outside of Canada across successive generations, provided that the foreign-born descendants registered with the government within a specific timeframe.

In 2009, a significant change known as the second-generation cut-off was introduced. This amendment was implemented to discourage the concept of “Canadians of convenience,” as stated by the then-immigration minister, Diane Finley. Its purpose was to ensure that citizens have a genuine connection to Canada. Consequently, citizenship transmission by descent was limited to only the first generation born abroad, emphasizing the importance of a tangible link between individuals and the country.

By understanding the provisions of the Canadian Citizenship Act and its historical evolution, we gain insights into the rationale behind the second-generation cut-off rule and its role in fostering a meaningful connection between citizens and Canada.

The Current Lawsuit

A current lawsuit involves 23 individuals from seven families who are challenging the second-generation cut-off rule introduced in 2009. They argue that this rule discriminates based on birthplace, violates mobility and liberty rights, and disproportionately disadvantages women who had to give birth outside Canada due to circumstances beyond their control. The Ontario Superior Court of Justice is tasked with determining whether Canada violates the Charter by limiting the transmission of citizenship by descent to only the first generation born abroad.

The families involved in the lawsuit, as reported by the Toronto Star, contend that the government’s stance oversimplifies the complex realities surrounding the choices they faced, such as access to healthcare, healthcare costs, travel risks, loss of employment and income, and hindrances to career advancement.

The initial justification provided by Minister Finley for the second-generation cut-off was to address concerns regarding “Canadians of convenience” who lacked a genuine connection to Canada and sought citizenship solely to preserve the option of living in the country. However, the applicants in the lawsuit are not Canadians of convenience. They returned to Canada as young children and spent their formative years in the country, according to Sujit Choudry, legal counsel for the families.

While Canadians born in Canada and naturalized Canadians can pass their citizenship to their children born abroad, Canadians born abroad by descent are unable to do so. The families’ legal counsel argues that this distinction is arbitrary and represents a clear form of discrimination.

How to Apply for Proof of Citizenship?

To obtain proof of Canadian citizenship, you need to follow the official process established by the Canadian government. This involves applying for a “proof of Canadian citizenship” or a Canadian citizenship certificate, which is issued by Immigration, Refugees and Citizenship Canada (IRCC). Along with a Canadian birth certificate, the citizenship certificate is one of the two accepted documents for proving Canadian citizenship when dealing with Passport Canada.

You have the flexibility to apply for a Canadian citizenship certificate at any point in your life, regardless of whether your Canadian parent is alive or deceased. To initiate the application, you will need to download the application package provided on IRCC’s website. As part of the application, you will be required to provide evidence that one of your legal or biological parents at the time of your birth was a Canadian citizen.

The application can be submitted conveniently online through IRCC’s website. Once your application is received, you will receive an “acknowledgement of receipt” confirming that your application has been received. Your application will then undergo review and processing by the relevant authorities at IRCC.

Remember, when dealing with matters as crucial as Canadian citizenship and immigration, it is vital to have a trusted legal partner by your side. Brace Laws can be that trusted partner, offering professional consultation and services to help you navigate the complexities and achieve the best possible outcome for your case.

Take the necessary steps today and schedule a consultation with Brace Law to ensure your rights are protected and to maximize your chances of success in challenging the second-generation cut-off rule or any other immigration-related issues you may be facing. We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

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Top 5 Things to Know when Getting Divorced https://bracelaw.ca/top-5-things-getting-divorced/ Tue, 28 Jun 2022 14:00:53 +0000 https://bracelaw.ca/?p=3188 If you are considering getting divorced, it is important that you understand your rights and obligations. Going through a divorce is a major life event and can cause disruptions to your family, finances, and lifestyle. Ensure that you have all the information possible before you begin the divorce process, in order to be prepared. Today […]

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If you are considering getting divorced, it is important that you understand your rights and obligations. Going through a divorce is a major life event and can cause disruptions to your family, finances, and lifestyle. Ensure that you have all the information possible before you begin the divorce process, in order to be prepared. Today we will go over 5 things that you should know when you are getting divorced.

1. What is the Difference Between Separation and Divorce?

While divorce and separation may seem similar, they are in fact quite distinct. Separation occurs when a common-law or married couple decide to live separately and apart. Common-law couples can go through a separation, but as they were never married, they do not need to go through a divorce.

Undertaking a separation is the first step of getting divorced, and married couples that have been living separate and apart for at least one year can then file for divorce. Once the divorce has occurred, they are no longer legally married and can then remarry, while a separation does not legally dissolve a marriage.

2. When can I File for Divorce, and How Long does it Take?

Once you and your spouse have been separated for one year, it is then possible to file for divorce. The divorce process can take some time, so you should not expect that after one year of separation has passed that you will be divorced.

Processing times for divorce cases can vary on several factors, including the complexity of division of assets, child custody agreements, and the emotions of the spouses. Generally, for the divorce process to be finalized it will take from 6-10 months.

3. Who will Get my House?

In the case of a divorce your assets will need to be divided, including your home. The property that a married couple purchases or lives in during their marriage is called the matrimonial home. Each spouse is equally entitled to the matrimonial home, and the spouses will need to come to an agreement on whether they will sell and divide the profits, or if one spouse will remain in the house. This can be a complicated process that can be facilitated with the help of a divorce lawyer.

4. What if my Spouse Doesn’t Cooperate?

You may find that throughout the divorce process, your spouse does not wish to cooperate, and you may enter a dispute. This is not uncommon, as emotions tend to run high, no matter how amicable a split. There are several ways that you can resolve disputes with your spouse, including engaging in alternative dispute resolution. This can include mediation, arbitration, and negotiation. These avenues should be explored before involving the court in order to save both parties time and additional costs.

If your spouse refuses to cooperate and is unwilling to provide necessary information such as financial disclosure, there are additional actions that you can take. To learn about the options if your spouse refuses to provide financial disclosure, contact the lawyers at Brace Law.

5. Do I Need a Lawyer to go to Court?

While you do not need a lawyer to undertake a divorce, it can be a complex procedure and it is recommended that you consult with a lawyer. Working with a lawyer can help you better understand your rights and obligations throughout the process, can help to ease your stress, and can help to negotiate a more favourable settlement. Having an experienced divorce lawyer on your side is a valuable asset and can help you move smoothly and efficiently through the divorce process.

If you are considering a divorce, we hope that this information has helped you better understand the process. If you have additional questions or need more information on divorce proceedings, contact the family lawyers at Brace Law. Our team of family lawyers can represent you in your divorce proceedings, making you feel confident in the process. For more information on Family Law, visit our Family Law FAQ to have your questions answered. With Brace Law, you can Consider It Handled!

We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

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Answers to 6 Top Common Law Questions https://bracelaw.ca/answers-6-top-common-law-questions/ Thu, 27 Jan 2022 14:00:28 +0000 https://bracelaw.ca/?p=2624 If you are living with your partner, but unmarried, you may be considered common law. Common law partners have different rights than married couples, and it is important that you know and understand your status in case any problems arise. To help you understand what it means to be in a common law relationship, the […]

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If you are living with your partner, but unmarried, you may be considered common law. Common law partners have different rights than married couples, and it is important that you know and understand your status in case any problems arise. To help you understand what it means to be in a common law relationship, the Family Lawyers at Brace Law have compiled and answered the top questions they receive about common law status. Read on to learn if you and your partner are considered to be common law!

1. What is cohabitation? 

Cohabitation is when two people live together but are not married.

2. Who can be recognized as common-law partners? 

The definition of a common law partner varies. For family law purposes, couples are considered common law if they have been living together for a period of not less than three (3) years, or share a child together. However, the definition does vary, so it is important that you understand which definition applies to your circumstance.

 3. What is the difference between a spouse and a common-law partner? 

A spouse is a person you are legally married to, whereas common law partners are not married. They live together or share a child, but they are not married.

4. How can I protect my rights as a common-law partner?

To protect your rights as a common-law partner, it is best that you and your partner negotiate a cohabitation agreement. This will ensure that you both understand your rights, responsibilities, and obligations, especially if property is involved. For more information about cohabitation agreements, contact our family lawyers at Brace Law.

5. Can I divide my assets with my common-law partner? 

Cohabiting couples do not have property rights like married couples do. You may choose to divide your assets voluntarily. However, you are not legally required to split property that you have gained during the time you and your common-law partner have lived together.

6. Once I get married to my cohabitee, what happens to our cohabitation agreement?

Once you get married to your cohabitee, your cohabitation agreement becomes a marriage contract.

If you have further questions on common law relationships, or whether your circumstances qualify, contact the family lawyers at Brace Law. It is important to understand your legal relationship status, as well as the rights and responsibilities it entails, in order to ensure you are prepared in case your circumstances change.  The Family Lawyers at Brace Law are here to assist you, so you can Consider It Handled.

We serve our clients in English, Mandarin, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu, with Offices In Oakville And Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

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Top 8 Questions about Divorce Law https://bracelaw.ca/top-8-questions-divorce-law/ Fri, 12 Nov 2021 11:00:43 +0000 https://bracelaw.ca/?p=2535 Divorce can be a stressful time as you consider the split of your family, financial assets, and belongings… especially if you do not fully understand the divorce process and what it entails. If you are currently considering or in the process of a divorce, you may have some questions about the requirements, process, or your […]

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Divorce can be a stressful time as you consider the split of your family, financial assets, and belongings… especially if you do not fully understand the divorce process and what it entails. If you are currently considering or in the process of a divorce, you may have some questions about the requirements, process, or your rights in the divorce. The divorce experts at Brace Law have compiled the 10 most asked questions about divorce, and their answers, to help you better understand what you will need to ensure a smooth divorce procedure.

1. What is the difference between separation and divorce?

A separation is when a common-law or married couple decide to live separately and apart. Common-law couples do not need to get divorced, as they were never married. Only married couples need to get divorced. Once a married couple has been living separate and apart for at least one (1) year, they can file for divorce. This means they are legally no longer married and are free to remarry.

2. When can I file for divorce?

In order to file for a divorce, you and your spouse must be separated for at least one (1) year.

3. How long does the divorce process take?

Processing times for divorce cases vary depending on several factors. However, for the divorce process to be finalized, it ranges from 6-10 months. Backlogs as a result of COVID-19 can make this wait time longer.

4. My spouse refuses to provide me with financial disclosure, what should I do?

There are certain actions you can take if your spouse refuses to produce and provide you with financial disclosure. To find out more about this, contact the family lawyers at Brace Law.

5. What is a matrimonial home?

A matrimonial home is the property which a married couple purchases or lives in during their marriage.

6. Am I equally entitled to my matrimonial home as my spouse is? 

Yes, you are equally entitled to your matrimonial home as your spouse is. For more information, contact Brace Law.

7. How do I resolve my issues with my spouse?

There are many ways you can attempt to resolve disputes with your spouse. Before involving the court and to avoid costs, parties are encouraged to resolve matters through alternative dispute resolution. Some of which include mediation, arbitration, and negotiation. To find out more, contact our family lawyers at Brace Law.

8. Do I need a lawyer to go to court? 

Although you can file an application for divorce without a lawyer, it is recommended that you consult with a lawyer to better understand your rights.

We hope that the answers to these questions has given you confidence in pursuing your divorce. If you have additional questions, need more information, or would like to obtain legal counsel to represent you in your divorce proceedings, contact Brace Law. The divorce lawyers at Brace Law are happy to work with you to get you the outcomes you deserve in your divorce.

We serve our clients in English, Albanian, Italian, Arabic, Punjabi, Hindi, Farsi and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

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Visit the Brace Law Team at the Oakville Office! https://bracelaw.ca/brace-law-team-oakville-office/ Thu, 28 Oct 2021 13:00:13 +0000 https://bracelaw.ca/?p=2466 Brace Law is happy to serve you from two locations, in Oakville and Vaughan, Ontario. Our two locations are conveniently located to serve the GTA population, from Brampton, to North York, to Mississauga, and anywhere in between. Today, we come to you from our new Oakville Head Office with an introduction to our team and […]

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Brace Law is happy to serve you from two locations, in Oakville and Vaughan, Ontario. Our two locations are conveniently located to serve the GTA population, from Brampton, to North York, to Mississauga, and anywhere in between. Today, we come to you from our new Oakville Head Office with an introduction to our team and brief look at our Oakville location.

Oakville Office

The Oakville Office is located close to the heart of Oakville, and conveniently services the GTA region, including Oakville, Brampton, Mississauga and surrounding area. Located at 2939 Portland Dr Unit 202, our Oakville main office is the center of activity for the Brace Law Team.

Oakville is located in Southern Ontario, half way between Toronto and Hamilton.  As part of the GTA, Oakville is found in one of the most densely populated areas of Canada, and boasts nearly 200 000 residents. Oakville’s population is made up of a number of different cultures, with only 70% of the population speaking English as their mother tongue.  Though located in Oakville, Brace Law welcomes clients from across the GTA at their Oakville location, and is excited to serve the GTA’s diverse populations in their Immigration Law, Family Law, Real Estate Law, Criminal Law and Wills/POA needs!

Say Hello to our Team!

At Brace Law we value diversity, and our team reflects this value. Our team members come from a diverse range of cultures, educational backgrounds, and specialties, and each has their own unique story for why they love practicing the law.

The Brace Law team consists of two lawyers, Lusi Brace and Lianna Sanelli, and is supported by three Clerks and a Legal Assistant.

Principal Lawyer and Founder of Brace Law, Ljusi (Lusi) Brace, practices Immigration, Family, Criminal, and Real Estate Law, as well as Wills and POA’s.  She has litigated in the Ontario Court of Justice, Superior Court of Justice, and Federal Court of Canada. Ms. Brace is a firm believer in the importance of access to justice, especially for those who often find it difficult to have their voice heard.  She fights for human rights, challenges racism and discrimination, and aims to hold decision makers accountable.

Lianna Sanelli is a family lawyer, with experience advocating for individuals in the private and not-for-profit sectors. She has experience in fertility and surrogacy law, and has assisted clients who rely on assisted reproductive technologies to build their families, drafting surrogacy and donor agreements.  In the not-for-profit sector, she has worked to support the 2SLGBTQI community, working to improve access to justice and improve legal protections for 2SLGBTQI individuals across Canada.

Brace Law’s team of Clerks, Maram Algannas, Moremi Adekunle, and Shreya Gulati, practice in Real Estate and Family Law.  Legal Assistant Vaishali Wason’s practice is devoted primarily to Immigration Law.  Behnaz Sedeghati, Immigration Advisor, provides support to our Immigration clients. The Brace Law team is uniquely poised to assist you and provide the best legal counsel possible in Oakville, Vaughan and the GTA.

Whether we see you at our Oakville or Vaughan location, Brace Law is here to help you with your legal needs. Serving you in English, Albanian, Italian, Arabic, Punjabi, Hindi, Farsi and Urdu. Call us at 905-815-6555 or email admin@bracelaw.ca. Contact Brace Law and Consider It Handled!

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Why it is Important to have a Surrogacy Agreement https://bracelaw.ca/why-important-surrogacy-agreement/ Wed, 22 Sep 2021 10:00:19 +0000 https://bracelaw.ca/?p=2423   Using a surrogate can be confusing. Regulated under the Assisted Human Reproduction Act, not only are there complex laws and regulations surrounding surrogacy in Canada, but parentage laws vary province-to-province.  To ensure that you are following the laws and regulations surrounding surrogacy, it is important to consult a lawyer and draw up a surrogacy […]

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Using a surrogate can be confusing. Regulated under the Assisted Human Reproduction Act, not only are there complex laws and regulations surrounding surrogacy in Canada, but parentage laws vary province-to-province.  To ensure that you are following the laws and regulations surrounding surrogacy, it is important to consult a lawyer and draw up a surrogacy agreement.  Read on to learn more about surrogacy agreements, and why they are so important.

What is a Surrogacy Agreement?

Surrogacy refers to when someone carries a child for an individual or couple who are the intended parents of the child, with the intention that the surrogate will give the child to the intended parents upon the child’s birth. A surrogacy agreement outlines the rights of the parties in this arrangement, ensuring the intentions of each party are upheld, and that the surrogacy is a good fit for both parties.

Situations can become complicated when children are involved, and you should have a surrogacy agreement in place, even if the surrogate is someone you know and trust.  Having an agreement in place will help avoid conflicts, misunderstandings, or fallings-out with the surrogate during the pregnancy or when the time comes for the baby to be born.  The agreement will establish legal parentage of the child and all expectations and obligations associated with the surrogate relationship.

When Should You Create a Surrogacy Agreement?

A surrogacy agreement must be drawn up BEFORE embryos are transferred into the surrogate.  This timing ensures that everyone involved understands their rights, obligations, and expectations in relation to the surrogacy.

If the parties do not sign a surrogacy agreement prior to the transfer of embryos, they will need to undertake additional legal steps so that the intended parents can be recognized as the legal parents of the child.  This may come in the form of a Declaration of Parentage or a second parent adoption, both of which require the commencement of court proceedings.  To avoid the additional financial costs, stress and time associated with these additional steps, it is crucial to speak to a lawyer specializing in fertility law prior to entering into a surrogacy agreement.

If you are considering using a surrogate, or would like more information on surrogacy agreements and the legalities surrounding them, Brace Law can help.  Lianna Sanelli is an experienced family and fertility lawyer, and will be able to guide you through the legal process and draft the necessary legal documents.  Becoming a parent is a huge step in your life, and the legal process that goes along with it should be taken equally seriously. Ensure that you are covered by consulting a lawyer in this exciting and lifechanging time.

We serve our clients in English, Albanian, Italian, Arabic, Punjabi, Hindi, Farsi and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

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What You Need to Know About Egg, Sperm, & Embryo Donation in Canada https://bracelaw.ca/need-know-egg-sperm-embryo-donation-canada/ Tue, 24 Aug 2021 13:00:40 +0000 https://bracelaw.ca/?p=2328   If you are struggling with fertility issues, are a single parent, or a same gender couple, it may be time to consider using an egg, sperm, or embryo donor. You will be happy to know that the use of assisted reproductive technologies (ARTs) is legal in Canada. Before you start this journey however, it […]

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If you are struggling with fertility issues, are a single parent, or a same gender couple, it may be time to consider using an egg, sperm, or embryo donor. You will be happy to know that the use of assisted reproductive technologies (ARTs) is legal in Canada. Before you start this journey however, it is important that you understand the legalities surrounding using a donor in Ontario. The laws surrounding egg, sperm, and embryo donation are quite complex, but can be understood with the help of a trained legal professional.

Regulated under the Assisted Human Reproduction Act, a complex and confusing piece of legislation, fertility and surrogacy law in Canada can be a challenge for hopeful parents to navigate. These strict laws regulate the use of ARTs in Canada, and it is important that anyone relying on third party reproduction speak to a fertility lawyer before any big decisions are made.

Egg & Sperm Donation

Egg and sperm donation refers to when an individual donates their eggs or sperm to an individual or couple who require a donor for reproductive purposes. A prospective egg donor should consult a legal professional, as well as a medical professional, to discuss the risks involved in egg donation and determine if it is safe to proceed. While it is legal to use an egg or sperm donor in Canada, it is illegal to pay them. Donors can only be reimbursed for expenses related to the donation. Egg donation is an invasive, often risky procedure, and it is important that it is not done for financial gains. Paying an egg or sperm donor in Canada is a criminal offence, and carries severe penalties including fines and even jail time.

Embryo Donation

It may happen that people have embryos left over when they are finished building their families. In this scenario, families can dispose of the embryos, donate them to scientific research, store them, or donate them to a family in need. Similar to egg and sperm donation, it is illegal to pay an embryo donor for the embryo, and doing so carries severe criminal penalties.

Whether you are considering egg, sperm, or embryo donation, those considering using a donor can proceed one of two ways: using a known or unknown donor. Each of these options has its risks and necessitates a visit to a legal professional, and drafting a donor agreement is crucial—especially when you are using a known donor. While you may trust your friend or family member to be reasonable during the donation process, things can get complicated and emotional where children are involved. A donor agreement is the best way to establish parentage for the child, and outline each party’s rights, obligations, intentions, and expectations as they enter into a donor agreement.

The donor agreement should be signed before the egg/sperm/embryo is used for reproductive purposes, and failure to do this could trigger the commencement of court proceedings to establish the legal parentage of the child.

If you are considering using an egg, sperm, or embryo donor, or have questions regarding becoming a donor, please contact Lianna Sanelli at Brace Law. A knowledgeable fertility and surrogacy law lawyer, Lianna can guide you through the process, answer questions, and draft legal documents. Becoming a parent is a huge step in your life, and the legal process that goes along with it should be taken equally seriously. Ensure that you are covered by consulting a lawyer in this exciting and lifechanging time.

We serve our clients in English, Albanian, Italian, Arabic, Punjabi, Hindi, and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

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Understanding the Similarities and Differences Between Common-Law Relationships and Marriages https://bracelaw.ca/similarities-differences-common-law-marriages/ Wed, 11 Aug 2021 11:00:48 +0000 https://bracelaw.ca/?p=2315 Many couples seek advice on whether marriage or remaining in a common-law relationship is the right step for their future. When making this decision, there are numerous factors to consider, and it is important to understand the similarities and differences between these relationship statuses. The benefits of saying, “I do” to a marriage are similar […]

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Many couples seek advice on whether marriage or remaining in a common-law relationship is the right step for their future. When making this decision, there are numerous factors to consider, and it is important to understand the similarities and differences between these relationship statuses.

The benefits of saying, “I do” to a marriage are similar to those of common-law relationships including making health care decisions, welfare benefits, disability benefits, income taxes and custody related issues.

Other main similarities between the two-relationship statuses are how child support and spousal support is awarded should the relationship break down. In both instances, the amount of support is similar. The main difference being between a marriage and common-law relationship is which Act will guide the amount of support to be awarded: the Divorce Act and Federal Child Support guidelines or the Family Law Act and the Ontario Child Support guidelines.

The primary difference between marriage and common law relationships is how property and estates are handled.

Married couples are guided under the Divorce Act and the Family Law Act which outlines the division of property and assets between the couple from the date of marriage to the date of separation. The calculation of the division of assets ensures each party will have equal benefit from the marriage. Married couples also have equal right to possession of assets in the matrimonial home unless a marriage contract stipulates differently.

However, for common-law relationships, all division of property is governed by ownership rights only. Should a common-law relationship break down, the party must make a trust argument to the court to make a claim for property. Unfortunately, these instances can be very lengthy and expensive for the parties involved.

In terms of estates, married spouses have a right to the estate of their spouse should they pass away without a will. This is not the case for common-law partners. The rights of a common-law partner must be outlined within a valid Last Will and Testament as they will not be entitled to the estate without one.

Determining whether you should get married or remain in a common-law relationship requires much consideration. If you are in a relationship and require legal advice regarding a common-law relationship or marriage, contact Brace law to book a consultation.

We serve our clients in English, Albanian, Italian, Arabic, Punjabi, Hindi, and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

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Your Will To Communicate Your Wishes https://bracelaw.ca/your-will-to-communicate-your-wishes-estate/ Wed, 23 Jun 2021 12:00:56 +0000 https://bracelaw.ca/?p=2226   Life planning involves both short- and long-term goals for our present and future. When planning our goals, we tend to dedicate more effort to exciting aspirations and prolong any planning associated with the opposite. It is equally important to be prepared and plan for both the joyous and somber life events. When it comes […]

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Life planning involves both short- and long-term goals for our present and future. When planning our goals, we tend to dedicate more effort to exciting aspirations and prolong any planning associated with the opposite. It is equally important to be prepared and plan for both the joyous and somber life events.

When it comes to life planning, one of the most procrastinated things we do is postpone creating a Will. A Will is a legal document that outlines who will manage your estate and the distribution of assets after your death. It is extremely important to create and maintain a Will while you are alive to in order communicate these wishes.

It is important to appoint an executor to your Will. This person will oversee managing your estate and debts after death. An executor is an overwhelming task, and it is recommended that you meet with your executor and overview the expectations of the role to ensure they are comfortable executing your Will. It is also recommended that you review your Will with your executor once it is complete.

Important things to consider when drafting a Will:

  • It is important to elect a Power of Attorney to make decisions regarding your property and a Power of Attorney to make health care decisions for you should you become unable, physically, or mentally, to make those decisions on your own.
  • It is important to name any guardians in your Will for your children that you would like the court to consider while they are minors. It is also important to outline any trust funds that you would like to set up for your children and their guardians.
  • It is important to keep the information in your Will up to date- this includes ensuring you have listed all your most up to date assets, your executors and beneficiaries are still living, and you have the correct marital status noted.

If you do not have a Will at the time of death, the law decides who will oversee executing the estate and who will be the beneficiaries of it. Unfortunately, time and time again, this leads to family disputes as your wishes were not outlined clearly to your surviving family members and friends.

When creating a Will, it is recommended to have a lawyer draft or notarize your Will. This step will ensure the document is accurate and all your wishes have been outlined precisely and accordingly. It will also ensure that your will have been properly witnessed.

We serve our clients in English, Albanian, Italian, and Korean. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

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