It is never a pretty picture when you have to involve the law in your family affairs.  Even when two parents are divorcing and trying to manage the arrangements amicably the process will always end up favoring one person over the other.  Although this is not always easy to deal with, knowing this ahead of time can make things a little easier. As such, you should try to prepare as best you can for monavocat Canada family law matters.

MARRIAGE and DIVORCE LAW

Marriage, essentially, is a contract between two people. When you get married—and sign that contract—the law treats the pair of you as a single partnership.  Yes, it is a bit like a business, in that way.  But that is also a smart way to look at it in the event that the two people involved want to split apart: you have to decide how you want to divide your assets, particularly those which you accrued or earned as a partnership.

The process for divorce is often pretty complicated; and it can take a long time, especially when the two parties involved do not agree on the terms of the new arrangement. Again, this begins to get complicated when it comes to shared assets like a home or a vehicle. Both people probably shared responsibility for paying the bills and both are, then, equally entitled to the property.

CHILDREN and DEPENDENTS

If your marriage has yielded children—as many marriages often do—then the law expects both parents to share equal responsibility for those children.  This responsibility does not change when two people divorce; though the law is designed to consider which parent should be “custodial” based on which is better able to provide for the child.  Determining things like custody affects other things like child support, visitation, and various other intricate details of co-parenting.  The hope is that both parents will find an agreeable arrangement—regardless of how they feel about each other—in honor of what is best for the child.

Custodial agreements can include:

  • permanent custody, in which one parent is the primary provider
  • joint custody, in which both parents share custody and all related responsibilities
  • non-custodial access, in which the non-custodial parent can exercise their visitation of (and receipt of information regarding) their child; particularly when the other parent attempts to deny them this right
  • supervised access, in which the custodial parent or a court agent supervises the non-custodial parent (typically out of concern over the safety of the child or of flight risk)

About The Author