Revealing information about Divorce and Family law In Canada

Everyone understands that divorce is a messy business and in Ottawa it is no different, except in the way family law is dealt with. As is stands divorce cases go in front of a federal court. This is due to a constitutional act founded in 1867, (the Divorce Act). This act governs the rights of the parents, where a child is concerned, from the standpoint of access and custodial rights, and includes the power of  governing support for both children and spouses.

Where property comes in is at the provincial level, deemed law under the same act of 1867. Furthermore,  a provincial court can also govern support issues, adoption, access and custody in addition to child protection. How this translates is that provincial courts govern the division of property and federal courts preside over the grounds for the divorce and any child access, support,  and spousal support issues.

 The Rules that Govern Divorce are concise

What constitutes the validity of a marriage is the ability of both parties to have the capacity to agree to the union. The sex of the partners is irrelevant in this aspect. However, any genetic relationship, such as a parent or child, or siblings cannot enter into a valid union under law. Nonetheless, there is one exception to this if siblings  are not genetically related, such as being adopted, or becoming siblings due to a marriage of their parents.

 Furthermore, a marriage is only valid, in Ottawa, if the ceremony had been performed according to the statutes of the province where it took place. The guidelines for this are found within the Provincial Marriage Acts. Naturally, a license must exist, the age of the individuals should be correct, or depending, have a parent’s consent for one or both parties.

A Separation v Divorce

In some scenarios, couples will move for a separation before going through with divorce proceedings. When this takes place, an Ottawa family lawyer will handle the development of a separation contract. This is an agreement that stipulates the guidelines surrounding child or spousal support, custody, visitation, and the division of property.

Divorce can only happen if one party was caught as an adulterer, was abusive, or if the couple was separated for a minimum of one year. The way the laws are written, having a lawyer that is well versed with family law in Ottawa is a wise move only because of the complexity and for the protection of the rights of either party. In addition, a Canadian lawyer is tasked to try to help a couple negotiate their differences in order to avoid going through with either a separation or divorce.

This can entail seeing an Ottawa marriage counsellor, or proving a valid reason for seeking a divorce. As already mentioned, adultery, if proven, or spouse, or child abuse is apparent.

Need help on marriage problems and Looking for a Divorce Lawyer to get help ? Consult with these Ottawa Family lawyers: