Navigating Family Law
When people think about pre-nuptial agreements the idea often brings to mind wealthy celebrities entering into contracts because they know their marriage is not going to last. It is important to realize that these types of agreements are not just for the wealthy.
The exchange of information is critical in any family law case. Without the exchange of relevant information neither side in a legal action may know what their claim is, what their chance of success may be, or even if they have a case at all.
When a married couple decides to get a divorce, one of the major issues that must be settled is division of property. Division of matrimonial property is governed by the Matrimonial Property Act in Alberta and the Family Law Act in BC.
The division of matrimonial assets upon divorce and separation is a very complex matter. While the law stipulates that matrimonial property is generally split 50/50, that may not make sense practically.
Once the decision has been made to end a marriage many people want to know how quickly they can get divorced. A divorce is a court order that legally ends a marriage. Unmarried spouses do not need to get divorced. In Canada, the Divorce Act governs the requirements for all divorces.
When parents separate they learn fairly quickly that there are two types of child support in Canada. These types of support are called section 3 and section 7 child support. These sections refer to different sections of the Child Support Guidelines.
Your ex stuck you with the bill for the family home, took off and you can’t afford to continue to pay the mortgage. Debt is adding up, and the taxes are due. Foreclosure is a real possibility. You need your ex to sign off on selling the property, and they refuse. How do you protect your credit, and the equity in the home? One option is to force to sale of the matrimonial home.
In Canada, an application to the court in a family law proceeding can be made either the in Provincial Court or the Superior Court. Depending on the province, the Superior Court is called the Supreme Court or the Court of Queen’s Bench.
Step-parents can be held responsible for paying child support. The term “in loco parentis” is Latin for “in place of a parent” and this is the term used by the courts for step-parent. This term is used in situations involving a person who is not a biological parent, but has taken on responsibilities for the child, like a parent would.