Before you say "I do", occasionally you and/or your partner may wish to have your verbal agreements made into a legal contract. A pre-nuptial agreement is a written contract setting out the terms of possession of assets, treatment of future earnings, control of the property of each, and potential division if the marriage is later dissolved. If you and/or your partner have substantial assets, children from a previous marriage, potential large inheritances, high incomes, or past a experience which may make you uncomfortable or nervous; this is a good solution so you will have fewer material concerns to distract you in your new marriage.
Living together but not planning to get married yet? No problem. A cohabitation agreement signed by the two parties in the relationship will cover your legal status of "togetherness" and, in most ways, give the same benefit as a marriage without the ceremony. This agreement is intended to bind both parties legally. Similar to a prenuptial agreement, a cohabitation agreement will allow you to determine in advance the fate of specific assets, belongings, and investments both owned before, and purchased jointly during the relationship. It can also determine the custody arrangements of any children of previous relationships, or the division of any potential inheritances.
You and your spouse have "broken up". Okay, now what? The first step is to settle any alimony (money paid for spousal support), child support, custody arrangements if there are children, payment of bills, and management of separate bank accounts. A separation agreement between you and your spouse, who have agreed to live apart for an unspecified period of time, will put on paper the answers to your immediate and perhaps some of the most difficult questions involved in your separation. A separation agreement may determine division of property if the separation appears permanent. It cannot be enforced by court order unless one party files a petition for legal separation or files a lawsuit for specific performance of a contract. If you and your spouse reconcile, the separation agreement can be cancelled; if not, it is an interim agreement to serve between the time of separation and eventual divorce if that is your intention.
If you and your spouse have separated, you are not bound to automatically get a divorce. For whatever personal reasons you or your spouse may have, i.e. religious, perception, children, hope to reconcile in the future, etc. Legal separation may be the solution you require before making that final step. To become legally separated is a court-decreed right to live apart, with the rights and obligations of divorced persons, but you and your spouse will still be legally married and unable to remarry. A spouse may petition for a legal separation usually on the same basis as a divorce, and include requests for child custody, alimony, child support and division of property.
The final step in the process; termination of the marriage by legal action, which is an order by the court that the marriage is legally at an end. The substantive issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney's fees. Grounds for divorce can include a separation period of one year, your spouse having committed an adulterous act, or your spouse having been physically or mentally cruel to you during the course of your marriage. Under the Divorce Act, you do not need to prove that your spouse was at fault in order to get a divorce. If the reason you are asking for a divorce is marriage breakdown, shown by one year of living apart, either of you can request a divorce. It does not matter which one of you decided to leave. In fact, the law gives you the choice of applying to the court together to ask for a divorce. However, if the reason you are asking for a divorce is marriage breakdown because of adultery or mental or physical cruelty, you will have to have proof of what happened.
Breaking up is hard enough, but getting your things back can sometimes be harder than it needs to be. Property division covers the equitable division of all assets, debts, real estate, and personal belongings which you and your partner accumulated through the course of your relationship. If an agreeable situation cannot be reached, sometimes it will be required to call in a third objective party to assist with the final separation of you vs. your ex.
If you have just gotten married, something can come up to bring the validity of that marriage into question. In such cases, an annulment may be required to legally declare the marriage as non-valid in order to release you from the legal state of being married. For example, a marriage might be invalid if one spouse was already married when he or she married the other, if one of the spouses was under the age of 16 at the time of the marriage, or if a spouse married someone other than the person he or she intended to marry. If the court finds that the marriage is invalid it will make a declaration that the marriage is void as if it had never happened, and no divorce is necessary.
During and after separation and/or divorce, you may be entitled to some support paid by your ex-spouse, or be obligated to pay it to your ex-spouse. It is usually paid to one spouse by the other party who earns a higher income. The criteria for making such an order are the length of time the spouses cohabited, the functions performed by each spouse during cohabitation and any order, agreement or arrangement. Payment is usually limited in time based on the number of years of marriage. Lengthy marriages may result in a lifetime of payments. A substantial change in circumstance, such as illness, retirement, or loss of income, can be grounds for the court to grant a modification or termination of the payment. Failure to pay ordered alimony can result in contempt of court citations and even jail time. The level of support can be determined by written agreement and submitted to the court for a stipulated order. Income tax-wise, payments are deductible as an expense for the payer and charged as income to the recipient.
You and your now-separated partner have one or more children together. Now what? The primary caregiver for the child is entitled to support from the other parent in order to help raise the child or children. This is determined using the Child Support Guidelines. The Guidelines specify a certain amount of support, depending on the paying parent’s income and the number of children support is being paid for. You can find the Child Support Guidelines on the federal Department of Justice website at www.canada.justice.gc.ca. Select “Programs and Initiatives” and then the “Child Support” link.
If you have been attacked, assaulted, or otherwise harmed by your partner, you are a victim of domestic violence. Regardless of the gender of victim or aggressor, this is a serious and complex issue which can have a variety of short and long term consequences on your relationship, your family, and your own mental well being. It is vital if you find yourself in such a situation to seek medical and legal assistance to help guide you to the next steps towards your own protection and that of any children for whom you are responsible. You may wish to press charges, obtain an order of protection, or eventually enter into divorce proceedings, but first you must recognize the problem and seek the proper assistance.
Something happened. You're scared and need to protect yourself from someone who may cause you harm. An order of protection, also known as a restraining order, is a command of the court issued upon the filing of an application for an injunction, prohibiting the defendant from performing a threatened act until a hearing on the application can be held. A restraining order is an official command issued by a court to refrain from certain activity. Restraining orders are used in a wide variety of instances for the same reason: the plaintiff wishes to prevent the defendant from doing something that he or she has threatened. Restraining orders are used in a variety of contexts, including employment disputes, copyright infringement, and cases of harassment, domestic abuse, and stalking. All restraining orders begin with an application to the court, which decides the merits of the request by using a traditional test. Limited in their duration and effect, restraining orders are distinguished from the more lasting form of court intervention called an injunction. Generally they are sought as a form of immediate relief while a plaintiff pursues a permanent injunction.
There are a number of reasons why custody of a child could become an issue; however, the vast majority of cases are due to the breakdown of a relationship and/or divorce. While many cases end with one parent having primary custody with the other receiving some level of visitation, there are many variables which impact the situation and any potential decision. Older children often have the ability to choose or indicate their preference of whom they wish to live with, but in the cases of young minor children, it is often required to make a formal agreement between the two parents deciding on the custody status of their child or children. In cases of a dispute, the situation is brought before the court where a judge may make a final decision based on what they feel is in the best interests of the child. One parent may be declared as unfit, absent, or dangerous to a child's well-being. All the factors which make up each situation are important to share with your lawyer.
While a person is still considered a "minor" - that is, under the age of legal majority, they may find themselves in a situation where they require their own legal representation. In a case where a child may have been the victim of abuse or neglect, or potentially removed from the custody of their parents, they may require legal assistance on their behalf to deal with child protection or children's aid societies. The lawyer will literally be the voice of the child in difficult situations and defend them from being potentially harmed by a negative influence, regardless of the source.
If your child has been abducted by the other parent, or, you suspect the other parent may be planning to abduct your child, there are precautions and processes which are beneficial. Involving the police, your child's school, and any close family or friends can help to prevent a situation before it occurs. If a situation does occur, contacting the proper people and authorities is vital. A lawyer can assist you with your options and provide advice, represent you in court, and protect your interests while dealing with governments or organizations in Canada (or other countries if required). They can even help you to get a custody order or agreement even after the abduction has taken place. Such a document is useful while dealing with authorities at home or in other countries if required. More information is available in the below link to the Government of Canada's website where information and a downloadable guide book are available.
International Child Abductions
You are looking to adopt a child. Great! Now what? Adoption is a wonderful, loving way to build a family. But as you may be aware, adopting or placing a child can be quite complicated, with laws differing by location. It is important to become as knowledgeable as possible as you begin to build your family through adoption. A knowledgeable, experienced adoption lawyer can help explain, simplify, and organize the adoption process and outline your options, as well as clarifying the relevant adoption laws and regulations applicable to your situation.
Every person should have a legal will. It is the only way to have your say after death. A will is the legal instrument that permits a person, the testator, to make decisions on how your estate will be managed and distributed after your death. If you do not leave a will, or the will is declared invalid, you will have died intestate, resulting in the court distribution of your estate according to the laws of the province in which you resided. Because of the importance of a will, the law requires it to have certain elements to be valid. Apart from these elements, a will may be ruled invalid if the testator made the will as the result of undue influence, fraud, or mistake. A will serves a variety of important purposes. It enables you to select your heirs, decide who will be the executer of your estate, and to distribute your property fairly to your beneficiaries while protecting their interests, rather than allowing a court to appoint a stranger to serve as administrator. A will safeguards your right to select your choice of guardian to raise your young children in the event of your death.
A power of attorney is a written document signed by a person to give another person the power to act on their behalf, primarily for their financial matters. There are two types of power of attorney; general, and special. A general power of attorney covers all activities, while a special power of attorney can be limited to specific tasks or matters. It can be made to expire on a certain date, or to expire on written cancellation. Often an elderly person will choose to assign a power of attorney to their child to allow them to act on their behalf as they become older.