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SEPARATION AND DIVORCE

Why isn't there a standard solution to marital breakdown?

Every family is different. The facts of each family's situation are unique. Every family has a different focus, a different philosophy and a different makeup.

To make things more difficult, family law cuts across different jurisdictions constitutionally.

It covers federal law and provincial law at the same time. Some things can be heard by one level of court only other things can only be heard by another level of court. And then in some places in Ontario, there are special family courts which combine both into one. But not in all locations.

And sometimes, you don't even need a court at all.

It makes it hard to know what you need. And sometimes it makes it hard to know who you should trust.

In family law, one size does not fit all.

How do you know where to start?

Sometimes people use “separation” and “divorce” interchangeably.

Separation happens any time one spouse decides that the marriage is over. This applies equally to married couples and common-law couples.

If you are married, you cannot usually get a divorce until you have a court order or a private contract which deals with all of the issues of your marriage – these are usually:

The methods for resolving these problems are explained here:

If you and your spouse cannot reach their own agreement on these, then you may have to go to court to have a judge make a public ruling on your private matters.

The divorce is a formality that happens afterwards. It is a routine court order confirming that your marriage has ended. It won't usually be issued without proof that children, support and property have been dealt with.

 

What do I need to arrange?

If you and your spouse cannot reach their own agreement on these, then you may have to go to court to have a judge make a public ruling on your private matters.

The divorce is a formality that happens afterwards. It is a routine court order confirming that your marriage has ended. It won't usually be issued without proof that children, support and property have been dealt with.

 

 


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