Should I get a separation agreement?


Should I get a separation agreement?

In my previous blog posts I have discussed separation agreements. See below:

Time and time again, separation agreements have managed to resolve numerous family law conflicts. Some parties are reluctant to invest in a separation agreement assuming it’s either too expensive or it’s something they can draft on their own.

Is the Separation Agreement Expensive?

It really depends based on individual lawyers and their costs. However, generally a separation agreement is well worth it. In the long run it reduces costs especially when related to family law court litigation.

For example, if the parties mutually agree to enter into a separation agreement and abide by it’s terms. Parties can after a certain period of time simply file for an uncontested divorce. Thereby, significantly reducing stress and money associated with family court.

Good lawyers will provide sound and cost effective advice.

An uncontested divorce requires no formal court attendance and simply the filing of paperwork and payment of a fee and attach the separation agreement. Judges, find comfort in knowing that a separation agreement was negotiated through lawyers and will often sign off on the divorce. By my estimation a separation agreement can literally save you thousands of dollars.

Can I draft a separation agreement on my own?

If you have ever reviewed any of my posts, I am not shy to state that you can do anything on your own. However, is this something you want to do on your own? What if you miss something? Don’t forget you have a personal vested interest in the matter. Will your spouse sign off on your provisions?

Even as experienced lawyers we will on a frequent basis become aware of new developments. More importantly, the best separation agreements are those where the lawyer has extensively interviewed the client.

As a result, lawyers can draft and insert specific provisions into an agreement. Finally, separation agreements that are drafted by a lawyer will have a specific portion dedicated to their signature and a disclaimer indicating they have advised their client of everything. Again, courts feel comforted in knowing that these terms have been negotiated and resolved through a lawyer.

If you need a separation agreement call my office. I am a lawyer in Burlington.

901 Guelph Line, Burlington, Ontario

 

CONTRACT LAW: TIPS – What should my contract include?


CONTRACT LAW: TIPS – What should my contract include?

Feel free to browse some of my other posts about contracts entitled, contract law tips about contracts from the internet and also contract law tips about using software.

While most contracts look the same, they aren’t always and are tailored to the specific needs of an individual and or business need.

A frequently asked question is, “what should my contract include”. Generally, a standard contract should at minimum identify:

  • Description of services;
  • Termination;
  • Payment
  • Start and end dates;
  • Signature provisions;

Now please keep in mind that’s just the basic minimum.

Also, for whatever reason businesses and people tend to believe that their contract must be in flowery legal language. I think people do this, to make themselves feel smart or that fancy legal language will protect them. This is false. A simple well drafted contract is all you need. Stay away from using words that you don’t understand. While it is true that common contracts such as your insurance policy, cell phone agreement or mortgage conditions are full of legalise that does not mean you need to do the same. Also, think about the last time you read your insurance policy and understood what it meant.

Remember, if you don’t understand your own contract chances are the other side won’t either. Further, you won’t be able to explain it to them. Imagine sitting in front a prospective client and they ask you about the terms of your contract and you’re not able to provide them with an answer.

If you’re a new business looking for a legal contract feel free to give my office a call.

I offer flat fee legal services for contract reviews and drafting.

I am a lawyer in Burlington. You can call or text direct at 416-505-4901

Contract Law: Tips to keep in mind.


CONTRACT LAW - Can I use legal software or a website to draft a legal contract?

I have previously blogged about using a contract from the internet. In this post I will discuss certain websites and software that offer services such as drafting contracts.

Similar to the old Grand and Toy home Will kit. I don’t believe these services are for everyone. Again, each business and or individual’s needs are specific and different.

For example, an established business with strong clientele is in a better position to offer a contract that is one sided. This might be due to the fact that they realize, they don’t need you as much as you need them. Very often, when I have individual or small business owners contracting with very large multinational corporations I bring this up when I mention, “you need this company way more then they need you. So you’re gonna have to play ball by their terms.”

In contrast, a new business might be more lenient with respect to terms and conditions in their contract so as to not scare off new potential customers. For example, perhaps a new business owner will opt for generous provisions with respect to payment and deposits and refunds.

In any event, contract generating software and services aren’t always the answer. When you meet with an experienced lawyer he or she will conduct an in-depth interview to determine your needs, concerns and what you hope to achieve.

Further, an experienced lawyer will ensure that you have had your contract reviewed on an annual basis.

If you’re a new business looking for a legal contract feel free to give my office a call.

I offer flat fee legal services for contract reviews and drafting.

I am a lawyer in Burlington. You can call or text direct at 416-505-4901

Contract Law: Tips to keep in mind


CONTRACT LAW - Can I use a contract I found on the internet?

A lot of folks will call and email me and ask if they can use a contract they found on the internet for their business or a specific transaction. My answer is always the typical lawyer response, “it depends”.

While yes, you can certainly find a multitude of contracts and information on-line it might not necessarily adequately cover you. Also, it really depends on what the contract is for. Let’s face it, lawyers pretty much use previously stored precedent (templates) from their databases to formulate new contracts. However, even in those situations we go through the needs and concerns of the individual. What works for some doesn’t always work for others.

Often, when clients come in with a pre-existing contract they have copied from the internet I will ask them a series of questions. These questions help me as the lawyer in determining the type of business or industry the contract will be used for. It also helps me understand the needs of that business or individual.

What I find really amusing is how, many folks don’t understand their own contract because they have simply cut, copied and pasted from the internet. If you don’t understand your own contract how can you expect someone else to understand it? Further, how will you be able to explain your contract to others?

While it is true, in seeking the legal services of a contract lawyer you will spend money. It’s often money well spent. Further, a good lawyer will on an on-going basis as needed review the contract to ensure it is current and in legal compliance.

For those reasons, if you’re thinking of drafting a contract for your business or a transaction it’s a good idea to consult with a lawyer.

I offer I flat fee services for contract reviews and drafting.

I am a lawyer in Burlington. You can call or text direct at 416-505-4901

I was charged with a crime and need help!


Do I need a criminal lawyer?

It’s common to receive calls from distraught clients who have been charged with a criminal offence. Often, these clients want to know what will happen to them. Will they go to jail? Can they win their case? Moreover, many clients want an immediate answer over the phone.

Most criminal lawyers are reluctant to provide any information over the phone as they do not want to give the perception it is legal advice. In fact, most experienced criminal lawyers will often mention that only after obtaining criminal disclosure from the court will they be in a position to provide any real advice.

It’s difficult to get the whole picture while speaking over the phone. Also, having never met, a criminal lawyer will not want to provide any false sense of concern or comfort. Typically, a good criminal lawyer will want to interview the client in detail and then only after obtaining criminal disclosure will they be able to assess the strengths and weakness of the case.

Many criminal lawyers during the first phone call will ask questions such as, the date of the offence, the first court date and at times very brief factual circumstances to familiarize themselves with the case.

However, always keep in mind every criminal case is different.

If you have been charged with a crime and require a criminal lawyer in Burlington or Oakville give my office a call.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Why Do I need a Will? Just watch Lemony Snicket


Why Do I need a Will?

Lemony Snicket's A Series of Unfortunate Events is based on a series of novels for children. A full featured movie starring Jim Carey was made in 2004 and in 2017 Netflix created a television series.

The plot is simple. Three children from a wealthy family find themselves orphaned due to their parent’s untimely death. The children are left in the care of a distant relative, the evil Count Olaf who is eager on stealing their fortune.

The point of this story, get a Will!

Proper estate planning would have eliminated the, ‘series of unfortunate events’ that the children ended up enduring at the hands of Count Olaf. Of course, now we wouldn’t have a great movie to watch.

Ensuring our children are well taken care of is essential to any parent. This is yet another reason why a Will is so important. Many young families, are reluctant to think about estate planning. They view it as something they will contemplate later in life.

WHEN YOU DIE WITHOUT A WILL.

However, preparing a Will for a young family is extremely important. Imagine the unfortunate scenario where both parents are suddenly killed together, in a car accident. They leave behind three young children. Open up the daily newspaper and you will notice that this is a very familiar story.

Who will take guardianship of the children? Who will be responsible for their well being. Is this someone that can be trusted?

A Will is one of the most important documents you will ever have.

Get a Will today.

Call my office I am a Wills Lawyer in Burlington.

My address is 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Only 50% of parents have a will, lawyer estimates | Globalnews.ca


According to this Global News article a Wills Lawyer estimates that only 50 percent of parents have a Will. 

http://globalnews.ca/news/3233506/only-50-of-parents-have-a-will-lawyer-estimates/

A Will is one of the most important documents you will ever have.

Get a Will today.

Call my office I am a Wills Lawyer in Burlington.

My address is 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Get a Will! You never know what can happen!


I need a Will but I have no time!

Most people understand that a Will is an important document. However, many put off getting a Will. This mentality stems largely from the fact, that we think we are immortal or in the alternative for obvious reasons death is something we don’t like to think of.

As we know, just by watching the news, or stories from friends and colleagues that anything can happen to us at anytime.

During the Christmas Holiday season a prospective client called about having a Will prepared for his ill father who was in the hospital. There was a sense of urgency due to the extremely unfortunate circumstances that this gentleman had been given weeks to live by his medical treatment team.

One can only imagine how horrifying and tragic this news is to anyone at anytime in their life. This gentleman was bedridden therefore, to prepare the Will it would be necessary to attend at his bedside at the hospital. Apart from the administrative issues, such as finding a witness, taking notes in a hospital etc. The biggest challenge both the lawyer and client face given the medical condition is ensuring that everything has been discussed. Also, there is no room for error.

A Will is one of the most important documents you will ever have.

Get a Will today.

Call my office I am a Wills Lawyer in Burlington.

My address is 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Real Estate News – Ontario


First-time buyers delaying home ownership on account of new mortgage rules, OREA research shows

Eight-in-ten (79%) first-time home buyers in Ontario say that the federal government’s new, more stringent mortgage rules will throw a wrench into their home buying plans, according to the Ontario Home Ownership Index a semi-annual consumer study commissioned by the Ontario Real Estate Association (OREA). Mortgage stress testing will delay home ownership for nearly half of Ontario’s first-time buyers, the survey conducted by Ipsos Reid shows.

https://www.orea.com/About/News-and-Press-Releases/Press-Releases/January-06-2017

Please note: The content above and the title are courtesy of the OREA website.

Contact a Real Estate Lawyer in Burlington.

 

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Real Estate Lawyer Near Me


OREA to Mayor John Tory: “Make Toronto More Affordable for Young Families”

Finding an affordable home in Toronto is becoming a CN Tower-sized challenge for many young families and it could get worse if Toronto City Council increases the Toronto Land Transfer Tax (LTT). Representatives from the Ontario Real Estate Association (OREA) presented at today’s Toronto Budget Committee meeting, where they urged City Council to reject a proposal by city staff to increase the Toronto LTT.

Click the link to read more: https://www.orea.com/About/News-and-Press-Releases/Press-Releases/January-10-2017

Please note: The content above and the title are courtesy of the OREA website.

Contact a Real Estate Lawyer in Burlington.

 

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211