FAQs
We have answers.
Frequently Asked Questions
What are the grounds for divorce in Canada?
In Canada, the only ground for divorce is marriage breakdown. This can be established by providing one of the three things: adultery, cruelty, or living separate and apart for at least one year.
What factors are considered in child custody decisions?
The primary consideration in child custody decisions is the best interests of the child. Factors such as the child’s relationship with each parent, their living arrangements, and their emotional and physical well-being are considered.
How is spousal support determined?
Spousal support, also known as alimony, is determined based on factors such as length of the marriage, the financial needs of each spouse, their earning capacity, and their contributions to the marriage, among others.
What is the process for dividing marital property?
Marital property is typically divided equally between spouses in Canada, although certain factors may influence this division. These factors may include the duration of the marriage, each spouse’s financial contribution, and any agreements reached between the parties.
What steps should I take to prepare for a family law case?
It is essential to gather relevant documents as financial records, marriage certificates, and any legal agreements. Additionally, consulting with a qualified family law attorney can provide valuable guidance on your rights and options.
What is the difference between legal separation and divorce?
Legal separation involves formalizing a separation agreement without officially terminating the marriage. Divorce, on the other hand, legally dissolves the marriage, allowing both parties to remarry if they choose.
How are child support payments calculated?
Child support payments are determined based on federal and provincial child support guidelines, which consider factors such as each parent’s income, the number of children, and the custody arrangement.
What are the options for resolving disputes outside of court?
Alternative dispute resolution methods such as mediation and arbitration offer couples the opportunity to resolve their issues outside of court in a more collaborative and less adversarial manner.
Can a prenuptial agreement be challenged in court?
Prenuptial agreements can be challenged in court if they are deemed to be unfair or unconscionable. Factors such as lack of disclosure, duress, or coercion may invalidate the agreement.
What is the difference between joint legal custody and joint physical custody?
Joint legal custody involves both parents sharing decision-making authority regarding their child’s upbringing, including matters related to education, healthcare, and religion. Joint physical custody, on the other hand, involves the child spending significant time living with both parents.
Can I modify a child custody arrangement after it has been established?
Child custody agreements can be modified if there has been a significant change in circumstances since the original arrangement was established. Common reasons for modification include relocation, changes in the child’s needs, or changes in either patent’s circumstances.
What happens to shared property in a divorce?
Shared property, also known as marital property, is typically divided equitably between spouses in a divorce. Equitable division does not necessarily mean equal division but rather what is deemed fair based on factors such as each spouse’s financial contributions, earning capacity, and future ends.