Overview of Divorce Law in Ottawa

 

You probably feel confused and stressed when looking for a divorce lawyer, unsure about how to find a good one. The truth is that choosing a divorce lawyer in Ottawa is just as important as choosing an accountant or business planner. You need one who is an expert in handling family law issues.

The lawyer who helps you through this process can help you take control of your life and settle outstanding issues. It’s also vital that they have experience with cases like yours. They must be well-versed in litigations involving family property and real estate, domestic contracts, and collaborative family law. You must find the right one for your situation.

The laws and statutes applicable to divorce cases in Ottawa are the following:

We at Nussbaum Law are well-experienced in the application of all these laws. We’ve helped numerous clients secure court orders granting their divorce. We can make this happen for you, too.

We also understand how difficult this time can be for you. These are the reasons why we’re most qualified to help!

MARRIAGE

Many people get married without understanding the legal implications of the union. It is essential to understand what marriage means for you and your spouse. You should also know what divorce entails.

You should consult a divorce lawyer in Ottawa to end your marriage. You must understand how this will impact your situation. A lawyer can help explain how a divorce will affect both parties’ finances. It will also affect child custody and property ownership.

Your lawyer will advocate for you to reach an equitable agreement with your spouse. If court intervention is necessary, then your lawyer will represent you there.

SEPARATION

Spouses separate when one or both decide their marriage is not working out and reconciliation is impossible. However, separation is also a prerequisite to divorce to establish the breakdown of a marriage.

A one-year separation is mandatory under the Divorce Act for no-fault divorce. However, spouses may continue living under one roof. The only requirement is they live “separate and apart,” meaning they’re living independent lives in a “shared common accommodation.”

There are no legal formalities spouses must go through to be considered separated. As long as spouses meet the abovementioned threshold, they can enter into a separation agreement. This agreement contains the couple’s mutual decision on settling issues related to their separation.

You can contact Nussbaum Law to help prepare your separation agreement.

DIVORCE

After the couple lives separately for a year, either can file a petition for a divorce to the courts. The law doesn’t require both parties’ consent for the court to adjudicate on the divorce case. According to the Divorce Act, the breakdown of the marriage is the sole ground of divorce.

You can prove a broken marriage with any of the following circumstances:

  • The couple has been living separately for at least one year.
  • One spouse is mentally or physically cruel to the other.
  • One or both spouses have committed adultery.

Before the court grants a divorce decree, it will ensure the following:

  • Reconciliation is not possible.
  • The spouses have made reasonable arrangements for child support.

Suppose the child support arrangements are undecided or the court deems them inadequate. In that case, the court will withhold the divorce order until the spouses make acceptable arrangements for their children.

As a general rule, the divorce process involves filing forms and submission of certain documents to the court. No court attendance or hearing would occur except when the other spouse contests the terms of the divorce.

CHILD CUSTODY

The word “custody” is neither defined nor explained by the Children’s Law Reform Act or the Divorce Act. However, the law generally provides that both parents should have “custody” of their children.

Since the definition of “custody” is unclear, the courts defined it in case laws as “parental decision-making.” These are the right of parents to be involved in their kids’ religion, health, and education.

Sole custody means complete control of one parent over such matters. In this case, the custodial parent will decide, while the “access parent” will only have visitation rights.

When child custody cases go to court, the judge makes rulings based on the “child’s best interest” doctrine.

SPOUSAL AND CHILD SUPPORT

If you’re the recipient or payor of spousal support, the court considers essential factors to determine the amount of support. These include the following:

  • Length of cohabitation or marriage
  • Parties’ ages
  • Parties’ incomes
  • Roles and responsibilities in the relationship
  • Partners’ financial situations
  • Number of children of the marriage
  • Special needs or illnesses that make either party incapable or inefficient

Regarding child support, the Federal Child Support Guidelines specify the mandatory amounts per province and territory. The calculation considers the spouses’ incomes and the number of children. You can find the table for Ontario here.

DIVISION OF PROPERTY

Dividing assets between divorced couples in Ottawa employs the equalization scheme under the Family Law Act. Section 5(1) states that the spouses shall receive half of any increase in the value of all marital assets. There are exceptions, such as compensation received from a personal injury claim and gifted property.

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