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Parenting Time Principles for Parents in Ontario
In Ontario, parenting time rules are primarily outlined in two statutes: the Children’s Law Reform Act (CLRA) and the federal Divorce Act. Both statutes share similar principles, with some differences such as who can apply for parenting time.
It's important to note that parenting time should not be sought under the Family Law Act, which primarily deals with support, financial, and property-related matters rather than parenting time.
Spousal Support Agreements
Spousal support, a crucial aspect of divorce proceedings, can be a complex and contentious issue. It's often addressed through domestic contracts between spouses. However, the legal landscape surrounding these agreements can be difficult to navigate. Let's dive into an understanding of these agreements under two important pieces of legislation: The Divorce Act and The Family Law Act.
Spousal Support: The Divorce Act vs The Family Law Act
When dealing with spousal support issues, understanding the jurisdiction is paramount. This involves knowing which law to apply — The Divorce Act (DA) or The Family Law Act (FLA). Here, we delve into these two statutes and how they affect the process of applying for spousal support.
The Process and Reasons for Resisting Severance of Divorce
There are several reasons why spouses may wish to oppose a severance motion. These include the potential loss of eligibility for healthcare insurance under the other spouse's employee benefits plan and the loss of rights with respect to the matrimonial home under Part II of the Family Law Act.
The Divorce Act
Navigating the often complex terrain of divorce can be a daunting task. The Divorce Act (DA) in Canada provides the legal framework for divorce proceedings, but understanding the DA's provisions can be challenging. This post aims to provide information with respect to some of the key sections of the DA, helping you to understand your legal rights and obligations during a divorce
Divorce Jurisdiction and Residency Requirements in Canada
Divorce in Canada is regulated by the federal government under the Divorce Act. For a court to have jurisdiction over a divorce proceeding, either spouse must have been an ordinary resident within the province for at least one year prior to the commencement of the proceeding.
Determining ordinary residence is a fact-finding endeavor, focusing on whether the person is more than a casual resident.
Even if an individual is temporarily residing in a different jurisdiction for employment purposes, they could still be considered an ordinary resident in a province
Grounds for Divorce in Canada
Navigating the often tumultuous seas of divorce can be a daunting task. However, a firm understanding of the legal framework surrounding divorce in Canada can significantly ease this journey. The Divorce Act (R.S.C. 1985 (2nd Supp.), c. 3, s. 8(1)) stipulates the sole ground for obtaining a divorce: a breakdown of the marriage.
Different Divorce Procedures: Benefits and Drawbacks
Divorce can be a complex, emotionally charged, and challenging process. Navigating through the legal intricacies can be overwhelming, especially when combined with the emotional toll of a relationship's dissolution. However, understanding the different types of divorce procedures can help make the process more manageable, and possibly even less stressful. The three most common types of divorce procedures are the simple or uncontested divorce, joint divorce, and divorce with corollary issues. In this extensive blog post, we'll discuss each of these in detail, outlining their benefits, drawbacks, and the situations in which they might be most appropriate.
Barriers to Divorce
Divorce, a legal termination of marriage, is a process fraught with complexity and emotional turmoil. Unlike popular perception, it is not simply a matter of signing a few papers and parting ways. There are significant legal barriers that can potentially impede the process of obtaining a divorce. This comprehensive blog post will dissect and examine the four statutory impediments to divorce as delineated in s. 11 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.). These hurdles include collusion, condonation, connivance, and the necessity for reasonable arrangements for the support of the children.
Understanding the Annulment of Marriages in Ontario
An annulment is a legal procedure within secular and religious legal systems that declares a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. In this blog post, we delve into the intricacies of the annulment of marriages in Ontario, exploring the grounds on which an individual can seek an annulment, and the legal implications of an annulled marriage.
Child Support Guidelines
The child support guidelines play a critical role in ensuring the wellbeing and financial stability of children who find themselves caught in the unfortunate situation of parental separation. These guidelines are firmly embedded within two major legal structures: the Federal Divorce Act and the Provincial Family Law Act.
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