Financial Divorce Counselling Useful Links

Click on topic of your choice to go to a useful link. Use of these links is not an endorsement of their products and services. My goal is only to assist you in finding useful information that is already available on the web. Blair Corkum Financial Planning Inc. accepts no responsibility for the accuracy or completeness of information presented on these sites. You should do your own due diligence.

Sources of Useful Information

Family law information from Community Legal Information Association of PEI . Particularly see their library of publications for lots of easy to read information about separation and divorce in PEI. For other locations, search for your provincial legal education association – see this Justice Canada site for links.
for free legal information, lawyer referral service, and Do-It-Yourself Divorce Kit
Getting Separated or Divorced – Information from the Financial Consumer Agency of Canada
Family Law information from the federal Dept. of Justice
Information about PEI Legal Aid services
Non-Lawyers Guide to Legal Terms – A U.K. document but with much in common with Canadian terms

Support and Canada Child Benefit Calculators and Information

Child Support Calculator from Government of Canada when you know the income on which support is based – if not, see the Do-It-Yourself workbook link below.
- For child support to be paid Nov 22, 2017 and later – click here
- For Jan 1, 2011 to Nov 21, 2017 – click here
Support Calculator online – child and spousal support calculator from DivorceMate Software Inc.
Do-It-Yourself workbook for calculations of income and child support provided by the federal Dept. of Justice.
Calculate your Canada Child Benefit, GST/HST Credit and other family benefits at this CRA site (or get further information here)
To apply for a change to the Canada Child Benefit and GST/HST Credit, see Canada Child Benefits Application Form RC66. Read the instructions – you may not need to complete the form. This will be the case if primary parenting responsibilities have changed from one parent to the other, or to shared custody (between 40% and 60% sharing of physical time with a child). For shared custody, if you already get the benefits, you may use “Apply for child benefits” in My Account at cra.gc.ca; by calling 1-800-387-1193; or by sending Form RC66, Canada Child Benefits Application, indicating shared custody; or sending CRA a letter explaining the shared custody situation.
CRA web site to compare business income statements to Canadian statistics by province – help in looking for under-reported income

Finding Asset Values

Guessing at values and using the wrong one could cost you thousands of dollars; letting legal and accounting professionals argue over values could also cost you many thousands of dollars. Why not hire a professional appraiser or search the web for resale statistics to get good estimates at a reasonable cost? Remember, it is the current resale value of your asset – not the original or replacement cost. A few examples (and for professionals, consider interviewing 2 or 3 to meet your specific needs by way of experience and cost):

For vehicles, try your local dealer or the Canadian Black Book site, VMR Canada or Auto Trader
Valuations of defined benefit pension plans (those that pay a guaranteed lifetime pension based on your wage, such as from the provincial and federal governments, and certain large companies) require use of an actuary (a pension valuator). Find an actuary from the Canadian Institute of Actuaries, but ensure they have pension valuation experience. I have had good experience with Jamie Jocsak of BCH Actuarial Services Inc.
Real estate appraisals – Find an appraiser at Appraisal Institute of Canada
What are people asking for used furnishings and equipment on Kijiji and similar sites?
To value a business, you should use someone trained to do so, unless you are certain it has negligible value. Your accountant my offer an estimate, but can he/she defend it in court and will it be the right number? Find a Chartered Business Valuator here

Counsellors / Mediators / Other help (for other than PEI, do an Internet search for services in your location)

Find a Mediator in Canada – Family Mediation Canada
Find a Mediator in Prince Edward Island – Mediationpei.com
Psychologists – PEI Private Practice Directory ; Other provinces click here
Collaborative Practice PEI – Find a Family Professional
Family Service PEI
Catholic Family Services Bureau (PEI – non-denominational)
Family Legal Aid in PEI – 902-888-8066 (Prince County); 902-368-6540 (Elsewhere)
PEI Positive Parenting from Two Homes – 1-877-203-8828 for free education sessions on dealing with child custody concerns
PEI Maintenance Enforcement Program – 902-894-0383 or 902-368-6010
PEI Mental Health Services for mental health issues, including severe stress, anxiety or depression

Legislation and Supporting Information

Federal Child Support Guidelines
Family Law Act of PEI can be found on this page of PEI Statutes
Divorce Act – Federal Dept. of Justice
Spousal Support Advisory Guidelines (2008) and the Revised User’s Guide (2016); additional references, guidance, history and documentation related to the “SSAG” can be found here.
Family law information from Community Legal Information Association of PEI or your own provincial public legal information association
Canada wide resource – Free Legal Answers and Referrals – legalline.ca
Court forms for Prince Edward Island (in other provinces, search your provincial government justice web site or contact your provincial public legal information association) – for PEI, see the series 70 forms available See Form 70 I (Financial Statement) to list assets, liabilities, income and expenses; for a form to list your assets only, see 70 L (Net Family Property Statement). For a full list of all forms for PEI, go to the Supreme Court of PEI web site forms list.

Income Tax

P102 Support Payments – Canada Revenue Agency publication
CRA interpretations related to taxation of child and spousal support – Income Tax Folio S1-F3-C3
Find your marginal tax rate and your average tax rate based on your income at Tax Calculators for Personal Taxes – Ernst & Young. See my article on income tax adjustments to know which rate to use.
Forms required for separation and divorce
- T2220 Transfer from an RRSP, RRIF, PRPP or SPP to Another RRSP, RRIF, or SPP on Breakdown of Marriage or Common-law Partnership. Complete this form for transferring your RRSP type of plans to your former spouse/partner. Section I is for the person transferring; Section II is for the person receiving; Section III is for the financial institution doing the transfer. Ensure all of the account numbers are correct, and everyone signs accordingly. Normally, I suggest that the recipient of the funds complete Section II and then give the form to the former spouse/partner for completion of the balance. The personnel at the financial institutions should be very willing to help to you.
- ISP1901 form and information for Canada Pension Plan splitting on divorce
- RC65 Marital Status Change – Canada Revenue Agency form to file within one month of separation (after being separated for 90 days)
- T1158 – Registration of Family Support Payments – File this form if you have an agreement or court order that requires payment of spousal support. It is filed separately from your tax return, with a copy of the agreement or order attached.
- To apply for a change to the Canada Child Benefit and GST/HST Credit, see Canada Child Benefits Application Form RC66. Read the instructions – you may not need to complete the form. This will be the case if primary parenting responsibilities have changed from one parent to the other, or to shared custody (between 40% and 60% sharing of physical time with a child). For shared custody, if you already get the benefits, you may use “Apply for child benefits” in My Account at cra.gc.ca; by calling 1-800-387-1193; or by sending Form RC66, Canada Child Benefits Application, indicating shared custody; or sending CRA a letter explaining the shared custody situation

Professional organizations

Examples and Precedents

If you are looking for precedents and examples of agreements, you can do an Internet search. These are a few that I identified using a search for “separation agreement precedent.” I remind you that I offer no advice on the reliability of information provided by these sites, and that use of a lawyer for preparation of all legal agreements is in your best interest. Always research issues related to shared custody and pension splitting because the boiler plate wording may not be correct for tax and valuation purposes. Reasons for using a lawyer are set out in this article.

What to include in a separation agreement – by CLIA PEI
Precedent separation agreement for Ontario with related useful information
Fillable online precedent from PDF Filler web site based on Ontario law
Do it yourself separation agreement on Law Depot^(R) web site for various provinces