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Family Lawyer Surrey | The Truth About Divorce Law

Nov 22

 

 

Divorce law in Canada is a complex topic, and there is a lot of misinformation floating around out there. In this article, we will dispel some of the myths about divorce law in Canada, and provide you with the facts.

Myth: If you are married, you have to get divorced through the courts

Fact: This is not true. You can get a divorce without going to court. You can negotiate the terms of your divorce with your spouse and submit a separation agreement to the court for approval. If you do not want to negotiate the terms of your divorce yourself, you can hire a lawyer to do it for you.

Myth: You have to have a separation agreement in order to get divorced

Fact: This is not true either. You can get divorced without having a separation agreement, but if you do not have one, the terms of your divorce will be determined by the courts.

Myth: You have to be separated for a certain period of time before you can get divorced

Fact: This is also untrue. There is no minimum separation period required before you can file for divorce. However, if you do not have a separation agreement, the court will look at factors such as how long you have been separated and whether or not children are involved in order to determine what division of property/assets is fair.

Myth: Fault matters in a divorce

Fact: The fault is not taken into consideration when determining the terms of a divorce. The court will look at what is fair and equitable for both parties, regardless of who was at fault.

Divorce can be an overwhelming process, but it doesn’t have to be. Having a better understanding of the divorce process in Canada can help alleviate some of your stress. Armed with these facts, you will be able to make informed decisions about how to proceed with your divorce.

Time, effort, and getting professional guidance are key elements when navigating through this process. It is important to remember that it is possible to settle your divorce fairly and amicably. It is also important to remember that, no matter what the outcome, you can find new beginnings post-divorce. With proper guidance, this transition can be as smooth as possible.

 

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History of Divorce Law in Canada

The history of divorce law in Canada is a tumultuous one. Up until 1968, divorce was only available to those who could afford to pay for an expensive and lengthy legal process. In 1968, the Divorce Act was amended to make divorce available to all Canadians, regardless of their income level. This was a major step forward, but the act was still not ideal. It was inflexible and did not take into account the evolving landscape of Canadian families.

In 1985, the Divorce Act was again amended to make it more responsive to the changing needs of Canadian families. The act was now gender-neutral, which meant that both men and women could now file for divorce. The act also recognized that there are different types of families and that each family is unique. This amendment helped to ensure that the divorce process would be more equitable for all Canadians.

Since 1985, there have been several other amendments made to the Divorce Act in order to reflect the changing needs of Canadian families. In 2006, for example, the act was amended to include same-sex couples. Today, the Divorce Act is considered one of the most progressive in the world when it comes to family law.

Divorce can be a difficult process, but with the right information and guidance, it is possible to have an amicable and equitable settlement. It is important to remember that, no matter what the outcome, you can look forward to new beginnings post-divorce. With proper knowledge of divorce law in Canada, you will be able to make informed decisions about how to proceed with your divorce.

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Divorce Act, 1985

The Divorce Act is a law from 1985 that regulates divorce in Canada. In response to the evolving needs of different types of families, it was amended in 1985. The act acknowledges that both men and women can file for divorce, as well as that each family has unique qualities. Consequently, this change helped guarantee that the Canadian divorce process would be more just for everyone involved.

Since 1985, there have been several other amendments made to the Divorce Act in order to reflect the changing needs of Canadian families. In 2006, for example, the act was amended to include same-sex couples. Today, the Divorce Act is considered one of the most progressive in the world when it comes to family law.

Divorce can be a difficult process, but with the right information and guidance, it is possible to have an amicable and equitable settlement. It is important to remember that, no matter what the outcome, you can look forward to new beginnings post-divorce. With proper knowledge of divorce law in Canada, you will be able to make informed decisions about how to proceed with your divorce.

Find out when you should file for divorce

It is important to know when you should file for divorce in order to ensure that you are taking the appropriate steps. The sooner you file, the sooner you will be able to get on with your life. However, it is also important to make sure that you have all of your ducks in a row before filing. Here are some factors to consider when deciding when to file for divorce:

1) Are you ready to go through with a divorce?

2) Have you discussed the possibility of divorce with your spouse?

3) Have you both agreed on key issues such as custody, property division, and child support?

4) Are you prepared for a long and protracted legal battle?

5) Are you financially able to go through with a divorce?

6) Do you have an attorney?

7) Have you researched the divorce process and understand what to expect?

8) Are you emotionally ready to go through with a divorce?

If you answer yes to most or all of these questions, then it may be time to file for divorce. Remember that there is no one-size-fits-all answer, so it is important to speak with an attorney who can help guide you through the process.

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Discover the best ways to protect yourself from being blindsided by a spouse’s lawyer

When going through a divorce, it is important to be aware of the tactics that your spouse’s lawyer may try to use against you. Here are some tips for protecting yourself from being blindsided:

1) Be aware of your spouse’s legal strategy. If you can anticipate your spouse’s moves, you will be better prepared to deal with them.

2) Keep a record of all communications with your spouse’s lawyer, as well as any documents that are exchanged. This will help you to build a strong case if things go to court.

3) Get legal advice of your own. It is important to have someone in your corner who can advise you on your rights and protect your interests.

4) Do not sign anything without reading it carefully and seeking legal advice. If you sign something without understanding it, you could be setting yourself up for disaster.

5) Keep an open mind, but don’t be afraid to stand up for what you believe in. Don’t let yourself be bullied by your spouse’s lawyer into accepting a settlement that you aren’t happy with.

In conclusion, it’s important to understand the law

While divorce can be a difficult process, it is important to remember that you are not alone. There are many resources available to help you through the process, including lawyers, support groups, and online forums. It is also important to understand the law in order to make informed decisions about your case. By knowing your rights and responsibilities, you can protect yourself from being taken advantage of by your spouse or their lawyer. If you have any questions about the divorce process, please don’t hesitate to contact us for more information.

 

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