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See our article as published in the April 2012 issue of the Canadian Business Journal

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Testimonials



"........our children will benefit enormously from the fact that we can still parent and communicate effectively and sincerely with each other. Instead of destroying our family bonds, the process actually protected and preserved them, which I am extremely thankful for."   Fairway Divorce Client.

 

  

Legal FAQ

Do I have to get a Family Lawyer / Attorney to Divorce?

No. However, it is highly recommended when there are assets and children involved that you do receive independent legal advice from a Family Lawyer / Attorney.

What is a legal separation agreement?

A separation agreement is a legally binding contract between spouses (married or common-law) or ex-spouses setting out the terms of their relationship after separation (or the decision to separate). This agreement often deals with how property (and debts) will be divided between the spouses, spousal support, child support, child custody and other issues.

What is a legal divorce?

A divorce is a method of terminating a marriage contract between two individuals; your divorce will give each of you the legal right to marry someone else.

Do I have to pay Child Support?

Click here to find information on Canadian Child Support.

What are the grounds for divorce in Canada?

In Canada there is only one ground for divorce: Breakdown of the marriage. Paragraph 8 (2) of the Divorce Act states that “Breakdown of the marriage is established only if:

  • The spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or
  • The spouse against whom the divorce proceeding is brought has, since the celebration of the marriage:
  1. committed adultery, or
  2. treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.”

The most common way to establish a breakdown of the marriage is to prove that the spouses have lived apart (have been separated) for at least one year immediately before the divorce judgment is granted and were living separate and apart at the time the proceedings began. This is, if you are using one year of separation to establish the breakdown of the marriage you can’t begin the proceeding until after the spouses are already separated and can’t finalize it until at least one full year of separation. But you don’t have to wait a year of separation to get the proceedings started.

From time to time one of the parties wants to get the divorce without waiting the year from date of separation. This can be done if adultery or cruelty can be established. Usually raising one of these to show a breakdown of the marriage will cause more upset and aggravation than it is worth. If the other side simply decides to deny the allegation you may have converted an uncontested divorce into a contested one and it likely won’t be finalized within the year anyways. Almost all divorces begun nowadays show breakdown by one year separation.

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Fairway Divorce Mississauga does not give legal advice. If your question is of the nature that consitutes legal advice to be given, we will direct you to information readily available on government websites or to seek independent legal advice from a Family Law Lawyer. We can only answer questions in general form.

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