Situations Where You Need A Family Lawyer In Canada

11 January 2015
 Categories: Law, Blog

Family law in Canada deals with a variety of situations that relate to interpersonal relationships, including, but not limited to, marriage and divorce. In Canada, federal statues cover some parts of family law, such as child custody, while individual provincial law covers other facets.

What a family lawyer can help you with in Canada

1. Marriage issues. Canada defines marriage as the union between two individuals of the same or opposite sex. For a marriage to be valid in Canada, it must meet the rules of the province in which the individuals live. Canada recognizes marriages from outside the country if they were legal where they were celebrated.

2. Annulments. In Canada, a marriage can be voided if the two individuals have a direct family relationship (for example, brother and sister), if one of the two parties was underage (the age of consent varies by province), if one party was already married, if one party was mentally incapacitated or if one party is unable to consummate the marriage.

3. Child custody issues. Family law also deals with issues of child custody, arising both within and outside of marriage. In Canada, there are both federal and provincial laws that deal with child custody and child support. The amount of child support awarded depends on the payer's income and ability to pay, the needs of the children and the number of children involved.

4. Legal separation and divorce. Divorce, division of property and spousal support also fall under the family law umbrella. In Canada, spouses have to be separated and living apart for at least one year unless there is a question of cruelty or adultery. A family lawyer can help draw up the formal separation documents, as well as the divorce papers. Where there is a dispute about assets, he or she can also represent your interests in court. A family lawyer can also help with enforcing spousal support and child support orders.

5. Adoptions. Adoption is also part of family law. A lawyer who specializes in family law can help draw up adoption papers, as well as help protect your rights as adoptive parents.

Of course, this isn't an exhaustive list; it only touches on the most common situations. If you find yourself with questions or concerns about marriage, divorce and other related issues, a good Canadian family lawyer can help protect your interests. Family situations are too important for you to try to represent yourself. For more information, talk to someone like Haber Catherine A.