Law

The Various Marriage Laws in Canada

It is quite unfortunate that a significant number of marriages, these days, end in divorce.  Sometimes these divorces are amicable: people split up simply because they realize they don’t like being married to each other, or marriage is not what they had hoped it would be. They split up and divide their things respectfully and move on with their lives, often remaining friends.

But sometimes divorce is complicated or messy. Maybe you own a lot of property together, or you have a business. If you have children, too, divorce can be very difficult.  Knowing this, then, you might want to investigate the intricacies of MyLawyer.ca Canadian family laws before you get married, just to be sure that either you are prepared for what might befall you or to do whatever work is necessary to stay together.

 

MARRIAGE and DIVORCE LAW

Effectively, marriage is simply a contract between two people.  The signing of this contract means that the two of you are now considered, legally, a single entity; a partnership. In some ways, then, marriage is a little bit like a business. That might seem like a cold way to look at it but it is true, at least in the eyes of the government. This means that while you are together, you enjoy equal sharing of benefits; but if you split up, you have to decide how to also split your assets both present and future.

But how you will split your possessions and assets might be the least of your worries.  After all, the entire divorce process is complicated, especially when children are involved.  This process can take a long time; and it can take even longer when the two parties involved do not see eye to eye on things.

CHILDREN and DEPENDENTS

As mentioned above, divorce becomes infinitely more complicated when children are involved.  That is because while you can simply sell possessions and split the money (if you can’t agree who should get what), the same is certainly not true for children.  It gets even more complicated, of course, because whomever the court awards primary custody will also receive child support from the other party.

Child support is a financial obligation which the government sees belongs to every parent, whether they are the custodian or not.  Child support should be based on a percentage of what the non-custodial parent earns from their job(s).   This ruling might also include visitation and custodial sharing requirements that allow for both parents to remain involved in the life of the child(ren).