What is the difference between Divorce and Separation?

A divorce is, simply put, a piece of paper, which signifies the legal end to your marriage. Only legally married persons may obtain a divorce. Divorces are not available to common law partners or cohabitating persons.

A separation occurs at the moment where a couple decides to end their relationship. Common law spouses may obtain a Separation Agreement wherein they can deal with their assets and liabilities and other outstanding issues. For married couples, a one-year separation period is mandatory before a Divorce order can be obtained.

What is Child Support and am I entitled to it?

Child Support is a parent’s financial obligation towards their child(ren).

How to calculate child support is relatively simple to answer. Today, we mostly use the Child Support Guidelines. These are tables, federally and provincially mandated, that take into account each parent’s income and the number of children in a family, and decide the amount of support that should be payable every month to the parent who has custody of the children.

However, sometimes this can get complicated when there are others factors that affect the calculation, including but not limited to:

• Parents who are self-employed, or who earn far more or far less than the average Canadian, may need to adjust the Table amounts.
• Stock options, commissions, bonuses and other parts of a parent’s income may be more difficult to quantify than a basic salary.
• Allowances may be made for business expenses and deductions.
• If both parents share custody, the Table amounts may be adjusted to account for the amount of time that each parent takes care of the children.
• As the children grow and incomes and custody arrangements change, the amount will have to be adjusted.
• If either parent does not provide full financial disclosure, this can make the process more difficult.

What does Custody actually mean?

A common misconception that parents tend to make is believing that custody means who the children stay with. This is wrong. Custody means who has the right to make big decisions for the child(ren). Such decisions include which religion the child(ren) will follow, which school to attend, medical decisions and mobility rights.

There are different types of custody arrangements:

• Sole custody: The child lives with one parent, who has responsibility for his or her care and makes all major decisions about his or her upbringing.
• Shared custody: The parents share both care and responsibility for the child.
• Joint custody: Parents share decision making with respect to major decisions in the child’s life such as religion, health, education
• Split custody: If there is more than one child, each parent has custody of at least one child.

Your lawyer can help you navigate through the different options and find the one that is most suitable for you and your circumstances.

What is Spousal Support and am I entitled to it?

Spousal support is often times even more difficult to resolve than child support. There are Suggested Spousal Support Guidelines, but these are simply Guidelines and are not legally enforceable. The Spousal Support Guidelines are based on a slightly complicated formula and presented as ranges rather than a set amount. Decisions on spousal support take into account:

• The length of the marriage
• Difference in incomes
• Future work prospects
• Health
• The spouses’ ages

The purpose of spousal support is to give the lower-income spouse, who may have made financial and career sacrifices throughout the marriage, enough time to rebuild their life without having to financially struggle.

Generally however, the shorter the marriage, the shorter the duration of spousal support. For marriages that have lasted 20 years or more, spousal support may be for life.

How is property divided after I have decided to separate from my spouse?

Property division is complex and can be very difficult to determine. Several factors must be considered before being able to determine how to one can properly divide up properly.

Assets and debts must both be taken into account and both parties require full financial disclosure.

It is important to note that Common Law spouses are not entitled to claims for property.

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Your family law lawyer can assist you in this process and will advise you of your rights. Contact us today!

What is permanent residence in Canada?

Obtaining “permanent residence” or “permanent resident status” in Canada is also known as “immigrating to Canada” or becoming a “landed immigrant.” The successful end result of the Immigration process is the issuance of an “immigrant visa” or “confirmation of permanent residence document”. Persons to whom an immigrant visa/confirmation of permanent residence document has been issued must present themselves to an Immigration officer at one of Canada’s official ports of entry in order to become landed immigrants.

What is the difference between a Canadian Citizen and a Permanent Resident?

Canadian permanent residents/landed immigrants and citizens enjoy all of the same rights and privileges (i.e. free health care, free elementary and secondary education, etc.) with three (3) exceptions:

1. Permanent residents cannot vote;
2. Permanent residents cannot hold a Canadian passport; and
3. Permanent residents can be deported for certain criminal convictions.

How can I become a permanent resident of Canada?

To be eligible to immigrate to Canada, you must meet the requirements of one of the many categories of Canadian Immigration:

• Federal Skilled Worker Class
• Federal Skilled Trades Class
• Canadian Experience Class
• Business Class
• Family Class

Once you’ve determined which category you fit into, you can apply for Permanent Residence in Canada through a designated Case Processing Centre/Centralized Intake Office.

How can I become a citizen of Canada?

Only after having resided in Canada for three (3) out of four (4) years as a permanent resident/landed immigrant of Canada, is one eligible to apply for Citizenship.

How long does the Application process take?

Processing times will depend on:

1. the type of Immigration Application;
2. the Case Processing Centre/Centralized Intake Office/Canadian visa office processing the Application;
3. whether an Immigration interview is deemed necessary in your case;
4. the complexity of your case;
5. how well your case is presented; and
6. the existing caseload in a Case Processing Centre/Centralized Intake Office/Canadian visa at a given time

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Nobody can promise you a specific processing timeframe and any lawyer/consultant that guarantees processing times is being less than truthful with you. They CANNOT guarantee processing times as processing times are ALWAYS subject to change WITHOUT advance notice.