Divorce – even if it is mutual and reasonably amicable – can be a stressful and painful process. In fact, some say that going through a divorce is similar to experiencing a death in the family. There is a time of grief and transition. And if you are going into the holiday season after a recent divorce, instead of being a happy and joyful time, the holidays can intensify feelings of sadness...
What’s Mine is Yours… Or, Is It?
Dividing up gifts during divorce proceedings is not always an easy task.
Amicable Settlements are Best for Both Parties
Divorce is much more than a simple break up. After years of living together and building one life from two, splitting up can come down to splitting hairs over property, money, and personal belongings that each person believes are their own....
The basic guidelines for dissolution of marriage are subject to the Divorce Act. Additionally, Canada’s Constitution mandates that the federal and provincial governments establish jurisdiction over family law. This creates a complex tangle of laws that make it confusing to ascertain your specific rights and obligations when seeking or responding to a divorce.
Divorce Law is Multifaceted
When...
Not All Couples Live Happily Ever After
Despite the best of intentions, not all couples live happily ever after. When couples drift apart, they often think they have two options: stay married and stay miserable; or divorce. In fact, couples have a third option – a legal separation. Couples can remain legally married for an indefinite period of time. Warren Buffet, for example, separated...
Divorce is frequently difficult and costly. When it comes time to split, couples often argue over blame, assets, and hurt feelings. If the decision is painful for the adults, imagine how children may struggle with the news that mom and dad are getting a divorce. Many parents don’t know when to broach the subject with their children.
The Prevalence of Divorce
With divorce rates as high as 40%,...
Unfortunately, not all marriages have a happy ending. Divorces are not uncommon in Canada, and are granted to couples that have separated for over a year. There are two types of divorces: contested and uncontested. About 80% of divorces are uncontested; however, if the marriage didn’t end on happy terms, a partner can lengthen and complicate the divorce proceedings by contesting it.
Common...
Some spouses are confused about the difference between separation and divorce, believing one to be similar to the other, and that they’ll simply be automatically divorced after a long separation. This incorrect assumption can lead to serious complications, especially for those who wish to get on with their lives.
If you believe that you’ve automatically become divorced because of a...
At first, the terms that were agreed upon for your divorce had been sufficient to cover your situation. However, as time passes, certain aspects of your agreement can become inadequate. In some cases, you may need to challenge the settlement by presenting evidence or data that would change the mind of the court.
Certain parts of a divorce agreement can’t be changed once a ruling is made,...
Are you afraid that your partner or former partner will hurt you or your children? If so, you can request the court to make a restraining order. A restraining order is a document issued by the court which instructs an individual to stay away from another person. The Family Law Act allows you to get a restraining order against a person you are or were married to, or against a partner you are or...