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Learn how the separation period, court process, and disputed issues can affect how long your divorce takes.
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In Canada, divorce is governed by the federal Divorce Act. The only ground for divorce is the “breakdown of marriage”, which can be proven in three ways: Adultery Law in Canada While adultery is a legislated ground for divorce, it is rarely pursued by divorce lawyers. As with most claims made to the court, the […]
Section 18 of the Family Law Act defines the matrimonial home as follows: “Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence”. Exclusive Possession of the […]
Partners are in a common law relationship when: 1. They have lived together for three years; or 2. They have a child, and are in a relationship of “some permanence”. Contrary to popular belief, common law partners do not have property rights when the relationship breaks down. Each partner is only entitled to keep the property […]
A. Do I have to pay child support? Ontario’s Family Law Act and the Federal Divorce Act both state that every parent has an obligation to support his or her child, to the extent that he or she is capable. The parent who has primary care and residence of the child typically incurs most expenses associated […]
Put simply, a restraining order limits what a person can do. Restraining orders commonly prevent a respondent from coming within a certain distance of the applicant, and from communicating either directly or indirectly with the applicant. They often specify precisely where the respondent shall not be at a particular time – at the applicant’s place […]
Divorce courts in Canada typically see family pets as property rather than a subject involving custodial orders. Marriage involves a lot of tangible and intangible things and when it fails it’s usually a tedious process to take possession of the “things.” While taking possession of houses, jewelry, and other property is one side of the […]
If you are a high-income earner and separating, you at some point would have thought about how much amount of spousal amount you will have to pay your spouse. Canadian courts treat each case individually, based on its specific facts. Luckily, there are certain guidelines in the SSAGs (Spousal Support Advisory Guidelines) which (If not […]
Divorces are not a bed of roses and that’s a given. Families are not torn apart and children are left to feel the worst though they eventually understand. That said here are some signs you must look out for if you feel any uneasiness. 1. Marriage is not always hard work- the sooner we learn […]
Can I move out of the city with my children immediately upon separation. Generally speaking, a parent is allowed to live where they wish with the children. Following separation, it is common for at least one parent to relocate to relatives, like a brother, sister or parent. Often these parties live out of town, […]
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