Wait until the honeymoons over at least. I’m kidding. In truth, you do not necessarily “have” to ask for a divorce. Only one party needs to initiate the process. There may come a time during your marriage when you realize you and your partner’s relationship is disintegrating to the point where being legally separated or divorced would leave you both better off. If one is ever unfortunate enough to find his or herself in the midst of such a mess, here are some fundamentals.

The three categories of divorce under Canadian law are Adultery, cruelty and no-fault. Although the majority of cases end up being no-fault divorces, where parties wait a year (the required time under the Divorce Act to demonstrate the breakdown of the marriage) and then are divorced, the other two are still used and, dependant on location may inflict added penalties on the offending party. This is the case in British Columbia where the Family Relations Act states:

“If, in a proceeding for judicial separation or dissolution of marriage on grounds of adultery, the person with whom the adultery is alleged to have been committed is served with notice of the proceedings and adultery is proved, the court may order that person to pay all or a part of the cost of the proceeding.”

Suffice it to say the process begins about the same for all three. It starts with an application for divorce. These applications want you to specify the type of divorce you are seeking, when and where the marriage happened, include copies of any birth certificates (if kids are involved) and a copy of the marriage certificate. When kids are involved, it is important to go into detail about who should have custody of the children and if support payments or corollary relief is necessary. Property and assets (if not stipulated in a pre-marital agreement already) should be divvied up between the parties and any other joint matters need to be addressed in this document as well.

In contested divorces where problems arise between parties over assets, corollary relief, pets, etc the divorce can end up in court. It is best to consult a lawyer in contested divorces to better your own outcome.  Lawyerahead.ca has the most comprehensive information on a canadian lawyer.  You may wish to talk to few lawyers and decide if their experiences match what you are looking for.  In these cases of contested divorces, parties have a right to cross-examine each other if they cannot resolve their differences and things can get messy depending on situations and the volatility of the situation. Mediation options are available to avoid such impediments and should be considered.

Uncontested divorces go quicker. After filing, paying fees and some time, the paperwork clears and both parties then must file affidavits and a second set of papers. If all goes well and both parties are on the same level, things can go rather smoothly and it is just a matter of time before you are legally free from each other.

Premarital or prenuptial agreements have a reputation for being something negative and foreshadowing divorce, but many times, a couple may choose to enter into a ‘prenup’ to avoid burdening their partner with debt or to maintain previously-made arrangements with others. There are a few reasons why prenuptial agreements may be right for you and there are a few downsides.

One of the upsides to having a prenuptial agreement is it forces each partner to look at his or her finances. Prenuptials cut through the verbal promises and assumed expectations, laying out each partner’s specific intentions for the marriage. They can protect the inheritance rights of offspring from other marriage. They allow business owners to protect their business from being split up due to divorce. If the marriage requires one of the parties to quit his or her job, a prenup can make sure they are compensated for the trouble should the marriage dissolve. A debt-encumbered future spouse can protect their future partner with a prenuptial agreement. Finally, prenups eradicate some if not all conflicts during divorce proceedings should the relationship sour.

There are a few downsides of entering a prenuptial agreement. The contract may require one to lose out on assets normally acquired from their partner if he or she dies. They can cause resentment or an air of distrust. If one engages heavily in helping their partner’s business succeed, they may end up undercompensated. Blinded by love, some may agree to terms they really shouldn’t have only to realize their error after it is too late. They can be invalidated if a party forgets to mention some of their assets (the house in Guam you won in a poker game 14 years ago and have never been to). Prenuptial agreements can give off a sense that one does not expect the union to last a lifetime. Lastly, having your partner sign one does not send a romantic message.

Although there are definite downsides to having one, prenuptial agreements may be necessary. Ex-spouses may depend heavily on promises you have made. Ensuring that these are kept can sometimes be more important than your current partner’s objections to a prenup.  Make sure to consult with your lawyer or lawyers on your legal rights.

People work hard to build wealth. Safeguarding one’s nest egg against potential creditors or divorce proceedings are examples of why many choose to protect their assets. Asset protection allows one to diminish the affects of liabilities (that may be necessary for business) from one’s own stake. Although the concept of protecting assets invokes notions of Swiss bank accounts and crime bosses, asset protection is both legitimate and perdurable.

Many types of asset protection exist and each entails their own sense of risk. Putting assets in a spouse’s name, for example, imposes asset limits and may inevitably backfire during a divorce. Another form, trusts, offers assurances against this, but is more costly and requires one to relinquish an amount of legal control over the assets.

With that in mind, here are some ideas for protecting assets.

Incorporation offers some definite benefits. Corporate liabilities are limited to the business itself and allow one to avoid unnecessary credit burdens. Incorporating provides added protection from liabilities that pertain solely to the business and protects the business owners’ assets from any creditors if the business goes under.

Creating a holding company for assets like real estate and equipment company is another way to protect assets. During worst case scenarios, creating these separate entities can limit the negative impact induced by liabilities.

Utilizing a holding company to house accumulated earnings via tax-free inter-corporate dividends is yet another means. This protects the monies from creditors and gives business owners a malleable timeframe to collect it as income. These funds may also be loaned back to the parent company if necessary.

“Equity strips” is another avenue one might consider. This refers to “stripping” the company of its assets and surfeiting it with debt. This can be done on a smaller scale with a mortgage. For example, if your house is worth a million dollars and your location has homeowners provisions capped to $100,000. Never paying down your mortgage to where there is more than $100,000 in equity would benefit you and be equity stripping.

Trusts are another way to shield assets. During the creation phase there are few things to consider, one being if the trust should be on or offshore. Canada and the United States have reputations for being sympathetic to creditors whereas other countries have provisions that limit the window of opportunity creditors have to make a claim against a trust. The variance of foreign laws regarding trust creation makes it vital that one involves their lawyer and accountant in the process.  Consult Lawyers and Attorneys for protecting your assets. 

The Best Free Way To Find Local Lawyers, Toronto Lawyers and Vancouver Lawyers is by using Lawyer Ahead.

Unfortunately, some relationships do not work out for a variety of reasons. In some cases where counseling fails or a couple cannot continue their relationship, they may choose divorce.

Divorce can be a tricky process, but there are some general principles you should know. First, get a lawyer.

There is no law that says you have to have a lawyer to get divorced, but when it comes down to it, having one makes the whole process flow smoothly. They are able to answer whatever questions you may have relating to debt, alimony, and child support and they have a keen sense of what specific details you would need to include in a settlement agreement if you and your spouse go that route.

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A settlement agreement is an agreement you sign voluntarily. These are negotiated voluntarily as well. Settlement agreements offer a broad range of options for both parties to pursue and they are only limited slightly, i.e. someone must support the children and the children must not be subjected to danger or neglect. Your lawyer can guide you based on her experience in court to what you will “probably” get if you go to trial. This guidance is made more accurate by your lawyer’s history with the judge and his years of experience.

Not many guidelines govern divorce. The judge uses his own discretion and each case is unique. Every divorce deals with five basic issues. These are alimony, property division, custody of the children, visitation, and child support. Obviously, if you do not have any kids, divorce is a lot simpler and deals mainly with asset/debt distribution. When it comes to property, the province needs to know who will be holding the deed to maintain the property’s transferability.

The concept of alimony also refered to as Spousal Support has changed lately. The classic view of alimony is the man paying alimony payments to his estranged spouse. Alimony used to be considered the norm, but recently there has been a push towards having both parties support themselves. Technically, the court has the right to order a wife to pay her husband alimony, but this rarely happens. Nowadays, alimony, if awarded, is awarded for shorter periods and for smaller amounts. Alimony payment amounts tend to be the hardest to agree upon during divorce settlement negotiations.

As for assets and debts, they are disseminated between the parties during the divorce process. Assets, or marital property, are tangible property like cars, jewelry and real estate and intangible property such as pensions, patent rights, or retirement accounts. The laws vary on this subject depending on where you live. Your divorce lawyer will help you with this.

The single most important step in a divorce is getting a lawyer. Divorce is extremely difficult to go through emotionally and you might not be thinking clearly. Additionally, lawyers know all the ins and outs that you do not know. Finding an attorney you trust and that works with you will help ease the mind and make the divorce process as painless as possible.

Click here to find a top Family Lawyer in Brampton or a Divorce Lawyer in Brampton.

Click here to find a top Family Lawyer in Mississauga or a Divorce Lawyer in Mississauga for your family legal matters.

Since the beginning of marriage, there has been adultery. Statistics show first marriages have a 50% chance of ending in divorce and the possibility grows larger with each successive marriage. Divorces in Canada peaked in 1987 following the introduction of the Canadian Divorce Act, which shortened the length of separation required before divorce to a year and allows an immediate divorce when adultery or cruelty are admitted to or proven. Infidelity has ruined its fair share of marriages, yet the 21^st century has brought new forms of adultery into the spotlight.

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As times change, so must the law. Same-sex marriages are on the rise and this will inevitably lead to more and more same-sex affairs. With progressive provinces like British Colombia and Ontario taking the lead on issues like child maintenance and spousal maintenance during same-sex divorces, it is only a matter of time before these rights are ubiquitous.

In 2005, the Supreme Court of British Colombia amended their definition of adultery to include same-sex adultery. This was in response to a wife’s request for immediate divorce from her husband who had cheated on her with another man. Up until then, immediate divorce for adultery would only be granted if one of the spouses admitted to having “voluntary sex with someone of the opposite gender, to whom he or she is not married.” Although the federal definition of adultery is unchanged, this decision most likely influenced the courts of New Brunswick.

In 2006, a New Brunswick court heard a similar case. Courts initially refused Pascal Thebeau’s divorce because the federal definition of adultery was limited to heterosexual affairs. After Thebeau challenged their ruling, the New Brunswick court chose to expand the definition to include same-sex affairs as adultery and granted his request for a divorce.

This appears to be the way courts are leaning. Although there have not been landmark cases in each and every province, the cases on the books show a tendency towards granting divorce, albeit after challenge, due to same-sex adultery. The official definition of what constitutes adultery has yet to be changed and there is a chance a judge may take it upon his or herself to refuse a divorce, because the “adulterer” cheated with someone of the same sex, but that seems less than likely at this point. What is odd to me is that gay marriage was legalized in part back in 2003 and it took three years for the issue of same-sex adultery to arise- originating from a conventional marriage no less. Perhaps when 2010 brings around the dreaded “seven-year itch” there will be further precedent set on a nationwide basis.

Find a Family Lawyer, Lawyers and Attorneys at Lawyer ahead.ca.  Its quick, effective and is the best free way to find a lawyer.

After articles related the equality, freedom and anti-discrimination under the same law we will take a simple question that many women have asked themselves. 25 years ago it was impossible even to sue someone without your husband but today can you sue for emotional distress? The short answer is yes, you can. A more detailed answer will follow.

Within the Canadian Legal System a spouse can seek a divorce from a husband shall the other spouse has committed any cruelty, damages or has been physically abusive.  Unlike our neighbors down South, Canadian Law does not allow the the party seeking divorce because of emotional distress to sue for Emotional Distress.

One of the main cases in the field was McCulloh V. Drake (Wyoming, 24P. 3d. 1162 (2001)).  the case revolved around a husband that began physically and sexually abusing the wife, soon after the marriage.  the wife decided that emotional distress caused to the other spouse by extreme and outrageous conduct by one spouse that can creat a cause of action for intentional infliction of emotional distress and entitile the victim to collect compensation for her suffering.

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The conclusion of the court was following:

“emotional distress is as real and tormenting as physical pain, and psychological well-being deserves as much legal protection as physical well-being’. In preserving marital harmony as their main goal, the court held that ‘behaviour that is truly outrageous and results in severe emotional distress should not be protected in a misguided attempt to promote marital harmony.”

 The husband’s lawyers in this case argued this decision by backing it up saying that emotional distress caused while legally bound in a marriage does not count for anything illegal. Actually in some situations it is hard to understand if the emotional distress is a cause for a trial. A family is a complex thing and it is okay that two people won’t get along well in everyday life. Still some courts consider that a distress claim is better for a family than a divorce claim.

Another example is what to do in this situation if you are from Canada and you husband is from the United States (for example). In this case the laws of the civilized countries will protect you, but similar to the Canadian case you will be able only to get a jail sentence for the husband (if this is the first case of violence, he will most probable get a scolding and probation). The fees in this case will be impossible to get. Still we live in a time when the laws protecting women are becoming stronger every year, so don’t be afraid to sue your husband and demand a personal injury fee. If you have a good lawyer and great courage, you can probably end up as one of the cornerstone cases in women rights movement and some day we will write an article about you.

Marriage as such is a very important institution in the human society. Two individuals decide to spend their entire lives together in each other’s company and they formalize the union. But somehow due to some circumstances many marriages do not proceed the way they were intended to. Divorce has become a common phenomenon these days. The reason for a divorce could be any.

In Canada the divorce law is a federal legislation and is on the grounds of separation that is living apart and separate for a year, adultery, and cruelty. Majority of the time it’s the case of living separately for a year that is held as the ground of divorce in Canada. There could be other reasons too. Sometimes going to the court could be perceived as complex and difficult that the option of staying apart for a year is the most cost effective alternative for some. People generally wait for their one year separation and are aware of the fact that in Canada if there is a separation agreement the divorce would go uncontested. The divorce lawyer then files the necessary paperwork with the courts which is returned after a lapse of a few months. Sometimes while filling the application for a divorce the divorce lawyer in Canada would include cases of abuse and adultery. Specifically if a parent is involved and it has to be shown that the relationship had an effect on the children. Many a times the divorce lawyer also considers the monetary aspect if large amounts of money were spent on the other person or while traveling to meet that other person outside the country or state.

If you are convinced that your marriage can no longer function and want to file for a divorce then you can easily seek the help of a divorce lawyer. Whether it be a Divorce lawyer in Toronto or a Divorce lawyer in Vancouver, an experienced divorce lawyer with lawyearhead.ca can assist you with all the legal procedures. Post your case here and have lawyers contact you with your thoughts on how best to proceed.

While we already know that Madonna and husband-of-eight years, Guy Ritchie, are on the splits, there’s been some… rather public bashing these past few days. While Madonna’s publicist refuses to comment on the ongoing divorce negotiations, Madonna herself has made a few, er, choice comments, and Guy Ritchie’s father has responded by calling the pop star “Beastly”.

While Madonna and Guy Ritchie’s divorce lawyers hammer out the division of the couple’s over $500 million in assets, the two also get to compete for the silver screen! Films directed by both halves of the former couple are out now, to… tepid reviews. (Though apparently some reviewers forgot to note that the two are now apart. How embarrassing!).

Of course child custody must be a big part of these negotiations, particularly of the couple’s two children, Rocco, 8 years old, and David Banda, now 3. Madonna has a 12 year old daughter named Lourdes from a previous relationship. David Banda, of course, is the child Madonna and Ritchie adopted from Malawi in 2006… whose father is now expressing concern over the child’s well being, as the famous couple go through their divorce. While he likely lacks the legal right to claim custody of the child, and it seems unlikely the child will go from either of his adoptive parents’ mulit-million dollar homes back to poverty in Malawi, Yohana Banda’s certainly giving his biological son a wonderful present for when the kid’s old enough to use Google.

So while Madonna (or Madge, if you prefer) has fun calling Ritchie ‘Emotionally Retarded’ in front of crowds of her cheering fans, and asking her friends to cease all contact with her soon-to-be-ex husband, we can all enjoy the insanely public fallout of our Material Girl’s marriage and social life.

Why is this so enjoyable to watch? I’m not sure if it’s just shadenfreude- there’s something about watching the woman who once sang ‘material girl’ with such gusto, and now professes a strong interest in Kabbalah, this woman who’s been singing sexy pop for longer than most of us care to remember, go through something so… normal as a messy divorce. Yeah. That’s it. Madonna: sex symbol and everyman. And now, no longer “Mrs. Ritchie”.
(MSNBC)

While divorce, in many minds, conjures up images of painful fighting and long, protracted court battles over the couch, the dog, and the kids, those seeking to ease the process can find more peaceful options than taking their former spouse to court: in Canada, families can elect to pursue either arbitration or mediation.

Arbitration and Mediation are two government-approved alternatives to entering divorce court to resolve disputes related to the breakup of the marriage. While neither process can make you officially divorced, it can help settle the issues that accompany a divorce much more cheaply.

There are differences between the two processes. Arbitration involves each party presenting their case to the agreed-upon arbitrator, and receiving a decision from the arbitrator (called an “award”) that is legally binding, if all the legal procedures were followed correctly. In Mediation, the agreement made is not legally binding until both parties have agreed to and signed the document.

For Canadians, mediation and arbitration are important options in the divorce process, easing and helping solve what are often very upsetting and contentious disputes. When it comes to child custody, mediation is an excellent option, since mediators are trained to place the children’s interests at the heart of the resolution.

Both Mediation and Arbitration take into account problems such as domestic violence and power imbalances within a family, and can use these to create custom rules for the mediation or arbitration process. People seeking mediation and/or arbitration still keep their lawyers, and consult with them throughout the process. The mediators, who must be agreed upon by all parties in the dispute, can be found through help from the courts, and organizations like Family Mediation Canada (FMC) or the Ontario Association for Family Mediation (OAFM). Your lawyer, as well as your local courts, will have more information on mediators in your area.

Mediation and Arbitration are voluntary programs, which are agreed to by all parties in a divorce before they begin. They have the potential to ease the divorce process, and help individuals come to a less contentious and bitter end to their relationship. While these options may not be for everyone, they’re certainly important for those looking to form an amicable divorce, or at least avoid some of the expenses of protracted court battles.

Learn more about Child Custody Basics, Child Support Basics, Factors and Preferences in Child Custody Decisions, Adoption Basics, Spousal Support Basics, Prenuptual Agreements, and Divorce Property Division from Lawyerahead.ca.

Find Recent Child Custody cases, Child Support cases, Prenuptial cases, Divorce cases, Spousal Support cases, Separation cases, and Paternity cases.

In what seems to be the logical addendum to something that most cash-strapped people dealing with ever-higher energy bills these days have figured out, smaller households, especially those with larger places and more rooms, consume more utilities- and thus have a higher impact on the environment, per person. Two researchers at Michigan State University have published a study showing the increased environmental impact of smaller households, by comparing space and energy consumption data from married and unmarried households.

According to the study, divorced households were 27-41% smaller, and people in them occupied 33-95% more rooms. Divorced households then spent 53% more on electricity and 42% more on water per person than people in married households. The study, which covered 12 countries (including 4 more-developed countries and 8 less-developed countries), also found that if all the divorced households in the countries they studied were combined into full-family households, there would be 7 million fewer households amongst them.

The study, published in December of 2007 by Eunice Lu and Jianguo Liu, raises an interesting point, though one that, once made, seems a bit self-evident. Anyone dealing with current energy prices while on a limited budget can tell you this: the smaller the space to heat, and the more people sharing the bill, the lower the gas bill will be. It would follow that grouping people closer together (in larger married households) would save electricity and water: thus reducing your environmental impact and per-person consumption.

While the study’s findings are interesting, it seems like looking at divorce’s impact on the environment is akin to looking at electric bicycles’ impact on global warming: interesting, but not really the central problem. Yes, looking at environmental impact based on the households and per-person energy use is a good step. But if we’re going to take that step, then perhaps it’s better to look at the increasing size of homes throughout the US and Canada, and separate areas’ population densities and the cost of providing utilities for each person. Divorce lets people remove themselves from bad domestic situations- from ones that they’re simply not happy with anymore, to ones that are downright abusive. While changes in household size are important to look at, maybe it would be better to advise people to live smaller, and in areas where utilities are easier (and more sustainable) to provide per person.

*If you’d like more information, you can read an extended abstract of the study here, or see more about divorce law here from lawyerahead.

*Today’s child support case that recieved the most attention from Family Lawyers in Toronto at lawyerahead.ca