FAQ Family Law
Frequently Ask Questions About Family Law
What are the grounds for divorce in Canada?
In Canada, there is only one ground for divorce: breakdown of marriage. This means that the marriage has broken down irretrievably and there is no reasonable prospect of reconciliation. To prove breakdown of marriage, you must provide evidence of one of the following:
- Separation for at least one year: You and your spouse have lived separate and apart for at least one year without interruption.
- Adultery: Your spouse has committed adultery with another person.
- Physical or mental cruelty: Your spouse has subjected you to physical or mental cruelty that has made it intolerable to continue living together.
- Desertion: Your spouse has deserted you for at least one year without just cause.
How is child custody determined in Canada?
When determining child custody, Canadian courts prioritize the best interests of the child. This means considering factors such as:
- The child’s age, maturity, and needs
- The child’s relationship with each parent
- The ability of each parent to provide for the child’s physical, emotional, and social needs
- The child’s existing living arrangements
- The child’s preferences, if they are mature enough to express them
In some cases, courts may order shared custody, where both parents have significant parenting time with the child.
How is child support calculated in Canada?
Child support is a financial obligation that parents have to their children to help cover their basic needs, such as food, clothing, shelter, and education. The amount of child support is determined based on the Child Support Guidelines, which consider factors such as:
- The income of both parents
- The number of children
- The age of the children
- The costs of caring for the children
What is spousal support?
Spousal support, also known as alimony, is financial assistance paid by one spouse to the other after a divorce. It is intended to help the receiving spouse maintain their standard of living after the marriage ends. Spousal support is determined based on factors such as:
- The length of the marriage
- The income of both spouses
- The needs of both spouses
- The ability of the paying spouse to pay support
What is a separation agreement?
A separation agreement is a written contract between spouses who are living apart but not yet divorced. It outlines the terms of their separation, including arrangements for child custody, child support, spousal support, and the division of property.
Separation agreements can be helpful in resolving issues amicably and avoiding costly court battles.
What can I do if I am a victim of domestic violence?
If you are a victim of domestic violence, you have the right to seek protection and support. You can:
- Contact the police and request a protection order
- Seek help from a domestic violence shelter or crisis hotline
- Speak to a lawyer about your legal options
How can I find a family lawyer in Canada?
When choosing a family lawyer, consider their experience, expertise, and approach to family law. You can also ask for referrals from friends, family, or other professionals.
How much does it cost to hire a family lawyer in Canada?
The cost of hiring a family lawyer can vary depending on the complexity of your case and the experience of the lawyer. However, it is important to remember that investing in legal representation can protect your rights and interests in the long run.
What is the difference between mediation and arbitration in family law cases?
Mediation and arbitration are alternative dispute resolution (ADR) methods that can be used to resolve family law disputes without going to court.
Mediation: Mediation is a process where a neutral mediator helps the parties reach a mutually agreeable resolution.
Arbitration: Arbitration is a process where a neutral arbitrator makes a binding decision on the dispute.
What resources are available to help me with family law issues?
There are a number of resources available to help you with family law issues in Canada, including:
Government websites: The federal and provincial governments provide information and resources on family law.
Legal aid: Legal aid programs can provide financial assistance to low-income individuals who need legal representation.
Community legal clinics: Community legal clinics offer free or low-cost legal advice and services to individuals and families.
