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FAMILY LAW SERVICES
Serving Mississauga & Oakville
A divorce is the legal process which terminates a marriage. Divorces in Canada are governed by the Divorce Act, which outlines the laws regarding divorce, the laws related to child support, custody and access for children of the marriage and the laws related to spousal support for married spouses.
Whether your divorce is complicated – involving issues of support, property division and parenting – or simple, the process is complex. Many documents must be filed to complete even the most straightforward, uncontested divorce and very specific procedural rules must be followed.
CHILD CUSTODY & ACCESS LAW
When two people have a child, presumptively they have equal rights and equal responsibilities with respect to raising their child. They have an equal right to make decisions about their child’s care and upbringing. This is true whether the parents are married or not.
When parents live together, they can make decisions about their child’s care and upbringing together on a day-to-day basis. As a couple, they work out how they spend time with and share responsibility for their child.
Parents who do not live together sometimes have an arrangement where a child lives most of the time with one parent. This arrangement can be in writing or not. If it is in writing, it is usually included in a “separation agreement” or “court order”.
The parent the child lives with most of the time usually has most of the expenses of raising the child. The other parent must help with those expenses by paying money to the parent the child lives with.
Spousal support is money paid by one spouse to the other after they separate or divorce. Spousal support is almost always paid by the spouse with the higher income to the spouse with the lower income. The gender of the spouses does not matter.
Both married and unmarried (common-law) spouses may be able to get spousal support, or may have to pay spousal support. If the spouses are not married, they must have lived together as a couple.
It is the growth in the value of property during the marriage that the spouses share equally, and that is known as the Net Family Property (“NFP”). The NFP is calculated as of the Valuation Date (this being the date of separation, the date of divorce, or the date of annulment, whichever is the earliest).
While this may seem complicated, we will be able to explain it for you clearly so you will have an understanding of how the formula may apply to your particular situation.
Litigation is a traditional method of resolving Family Law disputes. It provides parties with a decision by a Judge about any number of issues, on a temporary or final basis.
Litigation begins when one party commences a lawsuit, or in this case, an Application, asking the court to make an order for specific legal remedies, such as an order for custody, access, support and property division. When this happens, the other party, who will be known as the Respondent, is required to respond in a certain timeframe and the Respondent can seek his or her own legal remedies as well. The conduct of the lawsuit is called litigation.
Rose Family Law
1715 Lakeshore Road West
Tel: (905) 855-9393