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...
When you’re going through a divorce, it feels like the process takes forever. However, in the vast majority of cases, divorces come to an end within a defined period of time. Read on to learn how long divorces usually take in Canada, and the factors that can lengthen the process.
The Basic Criteria for Divorce in Canada
Canada has a federal law governing divorce, known as The Divorce Act....
Some spouses are confused about the difference between separation and divorce, believing one to be similar to the other. 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 long-term separation, then you should learn more about the differences between...
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,...
In Ontario, one of the most complex parts of a divorce involves the division of property. Equalization payments are designed to allow spouses to keep their personal property and split joint financial assets evenly. While this may seem like a simple fifty-fifty proposition, family law equalization calculations, when not performed properly and legally, can leave one spouse at a significant...
Are you considering a trial separation because you believe that you and your spouse need some time apart? Do you think it might make your marriage stronger in the end? Read on to learn more about the research regarding trial separations and their effectiveness.
The Cold, Hard Numbers
Researchers focusing on relationships have studied how well trial separations work. The results, as it turns...
Ashley Madison has become the household name for unfaithfulness, with the site proudly proclaiming that it is “the most famous name in infidelity and married dating.” And as you may have heard, is the cause of some recent divorces.
So it is understandable to be concerned if you find out that your spouse has a profile on the website. But what should you do?
1. Prove it
First, secure...