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You will soon be embarking on the greatest adventure of your life. Marriage. A person
does not normally think of legal issues when (s)he is planning to tie the knot. But there
are legal issues which merit your consideration. This article briefly discusses some of
those issues in the Ontario context.
Change of Name
In Ontario, you are permitted (but not legally required) to adopt the other spouse's name
or a hyphenated combination of names, upon marriage. A formal application to the
Registrar General under the Vital Statistics Act may be used. No court application is
necessary.
Marriage Contract
Marriage contracts in Ontario are called "pre nuptial agreements" in some other
jurisdictions. Such contracts may be essential for some people. Property division laws
do not only apply upon separation. They can also apply on death and in some other
circumstances. Ontario's approach is to divide the wealth accumulated during the
marriage, subject to some important exclusions. Contrary to popular belief, the non-title
holding spouse obtains no automatic interest in one half of the other spouse's property.
There can be vastly differing results where a spouse buys a matrimonial home worth
$250,000.00 the day before the wedding versus the spouse who brings $250,000.00
cash into marriage. Property laws in Ontario have undergone massive changes in 1978
and then again in 1986. When never knows for sure what the future may bring in terms of legislative
changes.
For some newlyweds, the existing law may be just fine; for others, the law may present
problems for the couple themselves, their extended families, and even for their business
partners. There can be a need for a properly drafted marriage contract even if the
couple spend their entire lives together. The issues are far too complex to deal with here.
It is prudent to consult a lawyer who is experienced in family law well before the
wedding day in order to determine whether you need a marriage contract.
Purchasing a New Home
Perhaps the most significant investment made by a new couple is the purchase of a new
home. While most real estate purchases proceed with no serious difficulty, the consumer
should be aware that the competent real estate lawyer will conduct many different kinds
of investigations and searches in order to make sure that you get what you bargained
for! In fact, even before the deal is signed, the lawyer can review your purchase
agreement to make sure the t's are crossed and the i's are dotted correctly. The lawyer
can give you information about the Ontario Home Ownership Savings Plan, the New
Home Warranty Program (if it is a new home you are purchasing), G.S.T., Land
Transfer Tax, and a myriad of other matters essential to your purchase and financing
arrangements. In conjunction with advice on whether or not a marriage contract would
be appropriate, you can obtain the lawyer's advice on how best to legally register the
property.
Wills and Power of Attorney
The making of a will is as important a part of planning for the future as the arrangement
of adequate life and disability insurance coverage. A properly drafted and signed will
serves to protect and assist one's family. A will which takes due notice of the family law
implications, any marriage contract and any legal obligations existing to a previous
spouse or family, can save a couple great expense and aggravation later. A will has
many advantages. People naturally tend to ignore this matter, especially with the
excitement and more pressing issues surrounding the wedding plans. Just the same,
employing sensible planning now as one embarks on a major life change, is only prudent.
Any will that you have previously signed (unless it is expressed to be in contemplation of
the marriage) is automatically revoked by your marriage.
Major changes in the laws governing decision making for those who are unable, for one
reason or another, to tend to their own affairs, are now being implemented in Ontario. A
person may not want the general law to apply to him or her. Simple, inexpensive steps
can be taken to override the law. A properly drafted Power of Attorney can help here.
Insurance
You may be assuming new financial responsibilities - a new home, a new family. People
(including yourself) may rely on your income earning potential. To cover those
unexpected losses that sometimes face us, it is prudent to insure not only against
property loss but also against illness, disability, etc. Your existing life insurance policies
and RRSP's should also be reviewed. A spouse can be designated as a beneficiary of
both and thus certain tax and estate planning goals can be achieved. As part of an estate
plan, a lawyer can assist you and your insurance broker with the necessary planning in
this area.
Conclusion
Lawyers do not deal solely with conflict. The advice and guidance of knowledgeable
lawyers can assist a couple to achieve life's goals.
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