Family Law

Family law is a legal area that deals with issues related to family relationships, such as marriage, separation, divorce, child custody, child support, adoption, domestic violence and child abuse.

If you have any of these issues and need an Ottawa family lawyer contact us.

While it is possible to file for divorce without a lawyer, it is generally recommended to seek legal advice, especially in cases where there are complex issues such as property division or child custody. A lawyer can help ensure that your rights are protected and that you receive a fair settlement.

Divorce is the legal termination of a marriage, whereas legal separation is a court order that allows spouses to live separately but remain legally married. During legal separation, spouses may still be responsible for each other’s debts and obligations.

The length of time it takes to finalize a divorce can vary widely depending on a variety of factors, such as the complexity of the case and the legal requirements of the province where the divorce is taking place. In Canada, there is a mandatory waiting period of one year after separation before a divorce can be granted.

The length of time also depends on if the divorce is contested or uncontested.

In general, an uncontested divorce, where both spouses agree on all of the terms of the divorce, may be finalized relatively quickly, sometimes within a matter of weeks or months. However, if there are issues that need to be resolved, such as child custody, property division, or spousal support, the divorce process can take significantly longer.

In a contested divorce, where the spouses cannot agree on all of the terms of the divorce, the process can be more complicated and time-consuming. The length of time it takes to finalize a contested divorce can depend on a variety of factors, such as the number of issues in dispute, the willingness of the parties to negotiate, and the court’s schedule.

In Canada, there are a few ways that a divorce proceeding can be sped up. There are three grounds for divorce are set out in the federal Divorce Act: separation, adultery, and cruelty.

Separation is the most common ground for divorce, as it does not require proving any fault on the part of either spouse. In order to obtain a divorce on the grounds of separation, the spouses must have lived apart for at least one year prior to filing for divorce.

Adultery and cruelty can be grounds for divorce that do not require a one year waiting period. However, they require proof of fault on the part of one of the spouses.

It’s important to consult with an experienced family law attorney in your province or territory to understand the specific laws and requirements for obtaining a divorce on the grounds of adultery or cruelty.

Spousal support, also known as alimony or spousal maintenance, is a court-ordered payment that one spouse makes to the other after a divorce. The purpose of spousal support is to help the lower-earning or non-earning spouse maintain a standard of living similar to that enjoyed during the marriage.

In Canada, child support is the legal obligation of a parent to financially support their children, whether or not the parents are married or living together. Child support is typically paid by the parent who does not have primary custody of the child, to the parent who does have primary custody.

The amount of child support to be paid is determined based on the Federal Child Support Guidelines, which are a set of rules and tables that help calculate child support payments. The Guidelines take into account the income of the paying parent, the number of children, and the province or territory where the paying parent lives. The Guidelines also take into account the amount of time that each parent spends with the children.

It’s important to note that child support payments can be enforced through the courts or through government agencies, and failure to pay child support can result in serious consequences, such as wage garnishment, driver’s license suspension, or even imprisonment.

 The calculation of child support can be complex, so it is important to consult with a lawyer specializing in family law.

A prenuptial agreement, also known as a prenup, is a legal agreement made between two people who are planning to get married. The purpose of a prenup is to set out the terms and conditions that will apply in the event of a divorce or separation.

In Canada, prenuptial agreements are governed by provincial law, and the requirements and rules may vary depending on the province. However, in general, a prenup must be in writing and signed by both parties before the marriage takes place. The agreement must also be fair and reasonable, and both parties must have had independent legal advice before signing the agreement.

A prenup can address a wide range of issues, such as property division, spousal support, and inheritance. For example, a prenup can set out how assets and debts will be divided in the event of a divorce, or it can limit or waive the right to spousal support.

It’s important to note that a prenup cannot address issues related to child custody or child support, as these issues are determined based on the best interests of the child at the time of the divorce or separation.

While prenuptial agreements were once seen as only for the wealthy, they are becoming increasingly common among people of all income levels. Prenups can help couples protect their assets and avoid disputes in the event of a divorce or separation. If you are considering a prenup, Consider Contacting our Experienced Family lawyers in Ottawa to help you meets your needs.