Spousal support, a crucial aspect of divorce proceedings, can be a complex and contentious issue. It's often addressed through domestic contracts between spouses. However, the legal landscape surrounding these agreements can be difficult to navigate. Let's dive into an understanding of these agreements under two important pieces of legislation: The Divorce Act and The Family Law Act.

When dealing with spousal support issues, understanding the jurisdiction is paramount. This involves knowing which law to apply — The Divorce Act (DA) or The Family Law Act (FLA). Here, we delve into these two statutes and how they affect the process of applying for spousal support.

The child support guidelines play a critical role in ensuring the wellbeing and financial stability of children who find themselves caught in the unfortunate situation of parental separation. These guidelines are firmly embedded within two major legal structures: the Federal Divorce Act and the Provincial Family Law Act.

A key component of this is understanding the concept of 'excluded property'. Excluded property refers to certain types of property that are not included in the net family property calculation, which is the method used to divide property between spouses during a divorce or separation.

Part I of the Family Law Act forms the basis for claims made by married spouses. The Act acknowledges marriage as a partnership and asserts that wealth accumulated during the marriage should be equally divided upon its breakdown. This provision is designed to ensure an orderly settlement and provide certainty following the dissolution of a marital relationship.

One such exception is the status of Workplace Safety and Insurance Board (WSIB) pensions. According to a Court of Appeal for Ontario ruling in the case of Lowe v. Lowe, WSIB pensions are not considered "property" under the FLA. This is significant because, in general, pensions are included in the net family property calculation during a divorce or separation. However, the different treatment of WSIB pensions means that they are not factored into this calculation.

Property preservation can take different forms. It can be limited to preserving the value of the property, allowing the owner to continue usual activities so long as the value remains intact. This could include buying and selling shares, running a company, or even selling or encumbering the property pending final determination or settlement.

When navigating the complexities of a marital breakdown, understanding the legal landscape is a crucial step. One area that often causes confusion is the concept of the matrimonial home and related property rights under Ontario's Family Law Act (FLA).