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Canadian Divorce Glossary
Post-secondary education - The calculation of child support for “children” attending post-secondary education (university, college, and so on) is problematic. The child support guidelines leave it to the judge’s discretion as to how much child support is payable in these circumstances.
There are two general trends in the case law. First, the court may order that the child support payor pay the table amount of child support, plus his or her proportionate share of a limited number of post-secondary education expenses (normally, tuition, residence and books).
Another approach taken by many judges is to require payment of approximately half the table amount of child support, plus the proportionate share of all post-secondary expenses (including food, transportation, and so on).
Power of Attorney - A power of attorney is a legal way to let one person act on behalf of another. A separation does not revoke powers of attorney. When you separate, it is important to have new powers of attorney (for both health care and property) prepared.
Pre-judgment Interest - Pre-judgment interest is interest that accrues on money owed to you from the date of separation until the date the court decides how much money you are owed. This can be important, as often there is a delay of a year or more between when your divorce starts and when it is finally decided. Pre-judgment interest is not always awarded – it is generally limited to cases where the person owing the money had the benefit of the money during this time. So, if the money you are owed comes from the sale of a matrimonial home, and you were living in the matrimonial home during this time, it is unlikely that you would get pre-judgment interest.
Prenuptial Agreement - A prenuptial agreement is a contract between two people in a relationship that governs what the financial consequences will be in the case of separation, or if one of them passes away.
In Ontario, there are two types of prenuptial agreements: marriage contracts and cohabitation agreements. Marriage contracts are prenups between people who intend to marry in the near future or who are already married. Cohabitation agreements are agreements between an unmarried couple who are living in a common-law relationship.