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Death During Divorce

Dawn S. • Jul 12, 2022

Dealing with divorce proceedings is hard enough, can you imagine if your former spouse dies? Tragically, this happens but can be dealt with. Just know the death will change how the separation agreement moves forward. Grant Lee Law will help.

                               According to www.ontario.ca/separation-divorce-and-estates/:

                               In Ontario, if the deceased was divorced or separated after the Will is made,

                               then the Will is read as if the separated/divorced spouse died before the testator:

                               Any appointment of the former spouse is voided: and all gifts to the former spouse

                               are voided.

This sounds very confusing, so a call to your Family Law professionals, like those at Grant Lee Law, would help you navigate your role in the untimely death. Basically, always make sure you have a valid Will and it’s up-to-date. Most Separation Agreements state that Will should be a part of the Agreement to take of children should a death take place.

There are different situations that could happen:

·        The death occurred before the divorce is final

·        The couple were not legally married and so didn’t have a formal Separation Agreement

·        The deceased was named in another Will and that person passed away

·        The divorce is final, but the ex lived in the matrimonial home upon their death

·        Who receives the CPP Survivor’s Benefits and any credits that were earned by the deceased

·        What about Child Support going forward

·        What about any monies owed, such a Child Support, proceeds of a home sale

All of these issues could arise and could be difficult to resolve if there’s no Will. A death that occurs after a divorce could have issues that need to be looked at legally.

Don’t forget to grieve. You have lost someone that was an important part of your life. There are a few things you may want to do to help you along with the grieving process. Just because you are in the process of getting a divorce, it doesn’t mean you don’t have feelings to deal with. Don’t let others tell you how to grieve. You may be grieving the loss of your partner for a second time. The first time was the separation decision and the second is the death. If you have children together, you will have to help them. This might be a good time to enlist the help of a mental professional. Don’t be a hero. If possible, attend the funeral and take the time to remember the time to remember the time you shared. Be respectful to others that are also grieving.

Your thoughts may turn to your own situation, whether it’s financial or the parenting of the children by yourself. Don’t be afraid, there is help to get you through this time. Lean on your family and friends, they may not totally understand your position but they will hold you and your kids up. Even if it’s for babysitting to give you a break or shared cup of coffee. It’s important to look after yourself during this time.

The team at Grant Lee Law will use their years of experience and understanding to help you.

Contact their office by completing their online form or call 905-315-6837.

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Can I Change my Separation Agreement?

By Chelsey Smith • 01 Apr, 2024
In Ontario, modifying a separation agreement can be feasible but requires mutual consent from both parties involved. It's fundamental to understand that once a separation agreement is signed, it becomes a legally binding contract. Therefore, any changes or adjustments require careful negotiation and agreement from both spouses. Typically, this involves revisiting the terms and seeking legal counsel to ensure that any amendments are legally valid and reflect the current intentions and circumstances of both parties. If circumstances have significantly changed since the original agreement was made, such as changes in income, marital status, or living arrangements, these changes may provide a basis for revising the agreement. It’s crucial for both parties to openly discuss their current situations and come to a mutual understanding before proceeding with any legal modifications. Documentation supporting the changes, such as financial statements or evidence of a change in living circumstances, should be prepared to facilitate the process. Engaging in mediation may also be a helpful step towards reaching an agreement, as it provides a structured environment for negotiation with the assistance of a neutral third party. Once both parties have reached an agreement on the modifications, it's imperative that these changes are formalized in writing. This typically involves drafting a new document or an amendment to the original separation agreement that outlines the agreed upon adjustments. It’s highly recommended to seek assistance from a family law attorney, like Angela Grant Lee, to ensure the document complies with Ontario’s legal standards and fully captures the intent of both parties. This step is crucial not only for the enforceability of the agreement but also to prevent potential disputes in the future. After finalizing the document, both parties should sign it, preferably in the presence of a witness, to solidify its legal standing. Remember, it’s essential to keep updated copies of this document for your records, as it represents the current terms governing your separation. While it is possible to change a separation agreement in Ontario, it requires careful consideration and mutual consent from both parties. It’s crucial to approach any modifications with transparency, honesty, and proper legal guidance from a Family Law Attorney to be sure the changes accurately reflect the current circumstances and foster a fair resolution for all involved. Remember to keep open communication with your former spouse and seek professional assistance. Angela Grant Lee and her team at Grant Lee Law will help you get the Separation Agreement to suit your needs, call today 905-315-6837!
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