Understanding the family law is very important since family laws govern the kind of relationship you will have with your family. The Canadian family law gives a clear directive on how the following players: spouse, parents, children and any related custodian, interact with each other in a family unit. We cannot deny the fact the traditional family structure over the years has changed drastically and cases of single parents and same-sex marriages are now more common and acceptable. However, there are four common issues that are normally addressed by the Canadian family law at all times. These four issues are:
1. Child Custody
Child custody happens to be one of the universal issues that all family laws in the world handle. When handling child custody you also deal with issues like child access and the parenting plans. Child access simply means coming up with a written and legally binding agreement that states where the children will be staying (when parents are separating) and dictating how much time each parent will spend with the children. Child custody, on the other hand, means, giving one parent the legal power to make decisions pertaining to the upbringing and care of the child or children. When you combine child custody and child access then you have a parenting plan. When dealing with a separation it’s important that your divorce lawyer and that of your ex-spouse come up with a parenting plan that favors the children more.
2. Child Support
Part of any divorce between couple and children are involved, there has to be child support. According to the Canadian family law, all parents are responsible for supporting their children financially as so long the children as still dependent on them. The term dependent legally means till the child turns 18, and/or sometimes longer. Children with a severe disability tend to have a longer dependency period. The parent(s) who will be spending the minimal amount of time with the children tend to always pay most if not a large portion of the child support. The amount is paid to the parent who will be taking care of the children, the one who has custody over the children. When discussing this with your divorce lawyer, factors like income, the number of children and who is paying the child support are some of the few factors used in calculating the sum total of child support to be paid.
3. Spousal Support
Second, to child support, spousal support is the other common factor handled by the Canadian family law. A couple who are separating may have the responsibility of supporting one another financially, especially if one of the spouses is not working. An experienced divorce lawyer will spend a lot of time in this stage to make sure only the genuine cases of spousal support are approved by the court of law. The spouse who has a higher income quota will pay spousal support to the spouse who is earning much less or nothing at all. Care of the children and duration of marriage are some of the crucial factors that determine whether spousal support is necessary or not.
4. Property Division
Every property that has been acquired during the duration of the marriage has to be shared among the two. This included the increase in assets and liabilities that happened during the marriage. The home is one of the major properties in a divorce, each spouse has equal rights over the home, be it family owned or rented. However, when talking to a divorce lawyer you will notice these property laws do not apply to Common Law couples. The laws only apply to legally married couples. The Common Law couples can go to court and claim a portion of the property of the ex-spouse during a separation.
There are other issues handled by Canadian family laws, but these four happen to be the most common ones that you will meet in family courts. Getting the best divorce lawyer will help you in dealing with these issues when faced with a divorce. You may find it useful to consult with Matrimonial Home for additional information.