Facts About Family Law in Canada

Family law is crucial for most Canadians as it covers all regulations regarding family matters. These include, but aren't always limited to, marriage, divorce, domestic partnerships, civil unions, surrogacy, child adoption, etc.

a family walking in the park


Though some family-related issues fall under federal jurisdiction, most issues come under varying provincial laws property disputes between partners and adoption. This can affect how you get justice.  

Here’s everything you need to know if you’re looking for a family lawyer in Brampton.

Fact #1: The Parliament Has Jurisdiction Over Marriages

In Canada, the parliament has jurisdiction over marriages as well as the right to annul marriages if they go against the law. Marriages can be annulled if one party is under the legal age or is married to another person (bigamy) at the same time. Similarly, issues like duress, mental incapacity, etc. can also result in annulment.

Fact #2: You Need to Wait a Year Before Divorce

Canada works with a no-fault divorce system. This type of divorce doesn't require the filing party to prove their partner's fault. However, you have to live apart for one year or more before filing for divorce according to the Divorce Act. The only exception to this rule is if you’ve filed for divorce under the criteria of adultery or abuse.

Fact #3: You’re Legally Obligated to Provide Child Financial Support

Spousal and child support after divorce falls under federal law. However, maintenance comes under the jurisdiction of provincial laws.

In Canada, you have a legal obligation to support dependents. In fact, you’d have to satisfy your judge regarding financial arrangements for your children before they can grant you a divorce.

Fact #5: Common-Law Partners Don’t Have Equal Estate Rights

Though Canada recognized common-law relationships, the laws aren’t equal when it comes to estate or taxes. This is because it depends on the provinces. In many provinces like Manitoba or British Columbia, common-law partners are on a comparatively equal footing. However, in provinces like Ontario, common-law partners don't have the right to share a deceased partner's estate.

Do you need to file a family law claim, or are you looking for a divorce lawyer in Canada? Then get in touch with Nanda & Associate Lawyers. They deal with everything from divorce, child custody, and spouse sponsorships.

They are a boutique law firm with a leading team of family lawyers in Mississauga to provide customized legal solutions.

Contact them now to find out more.  

Disclaimer: This article is only intended for educational purposes and shouldn't be used as a substitute for legal advice.

 

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