Separation And Divorce

We all have friends, relatives or co-workers who have been through separation and/or divorce. Statistics show that as many as one in two adults will suffer through this experience at least once during their lifetime.

Many complex and emotionally-charged issues are involved. Who gets the house, kids, car, TV, debts, etc.? Must one party pay the other child and/or spousal support, and if so, how much and for how long? What happens to the home, cottage, pensions, stock portfolios, businesses?

Where can you turn to obtain expert advice and assistance from someone who has an intimate knowledge of the ever-changing federal and provincial laws in the area, and the interpretations placed on those laws by the courts? Someone who can help you?

Consult An Experienced Professional!

An experienced Family Law Lawyer will be able to provide you with the essential information and guidance you need to allow you to decide how best to proceed in your special circumstances, and to try and minimize the chances of yours becoming “the separation or divorce from hell”.

Your choice should be a lawyer who deals in family law on a day-to-day basis. Someone who spends time in court. Someone who is up-to-speed in the ever-changing world of family law

Points To Ponder

Your family law lawyer will want to know if you are legally married, or cohabiting/living common law, or if you are living separate and apart.
To be married, two adults must have gone through a legally binding religious or civil ceremony, whether in Canada or elsewhere. Cohabitation refers to two people who have lived together other than as just roommates, and whose lives are intimately joined (financial, social, sexual).
If you have signed a marriage contract (“prenuptial agreement”) or cohabitation agreement, that may impact on the issues in your case.
If there are children, the issues of custody, access, and child support must be considered. The issues involving children are often the most bitterly contested and emotionally charged.
Custody involves not only who will have the children most of the time, but also who will decide where they live and go to school, what activities they will partake in, who their doctor, dentist and baby-sitter will be, etc.
Custody can take one of several forms: Sole (one parent makes the decisions while the other only has the right to visit); Joint (parents share decision-making; including how much time the children spend with each parent); or Shared (decision-making is shared, and time with each parent may be approximately equal).
Child Support involves one parent paying the other money to help with the expenses of raising the children. The federal government made major changes to this area in the form of the Child Support Guidelines, which took effect May 1, 1997. Your family law lawyer should be “up-to-the-minute” on this subject so that you receive the best advice.
Property, which can include a house, condominium or a cottage, bank accounts, RSP’s and pensions, stock options, vehicles, stocks and bonds, personal possessions, businesses etc., is divided (“equalized”) based on a formula prescribed by the Government in the Family Law Act. Numerous “rules” set out what must be shared and what need not be. As courts reach new decisions, the “rules” change.
Spousal support involves one spouse paying the other money, either for a period of time, or for life. Consideration is given to the length of marriage/cohabitation, each spouse’s earning power (actual or prospective), household and child-rearing duties, age, etc.

Conclusion

Every separation/divorce involves a different set of facts and circumstances, and different aspects of the law apply as a result. Just as no two people are exactly alike, so too no two separations/divorces are alike.

With difficult decisions to be made which will affect you and your family for the rest of your lives, don’t you deserve expert, up-to-the-minute advice from a professional? Can you afford anything less? Of course not.

With almost forty years of experience practicing in the area of Family Law, I can assist you whether you need to negotiate a Marriage Contract/Prenup, a Cohabitation Agreement, or a Separation Agreement.

A. John Hodgins Barrister

A. John Hodgins Barrister

Separation And Divorce

Consult An Experienced Professional!

Points To Ponder

Conclusion

A. John Hodgins Barrister

A. John Hodgins Barrister

Separation And Divorce

Consult An Experienced Professional!

Points To Ponder

Conclusion

This website uses cookies.