What Is Family Law?

Family Law is a broad area of law dealing primarily with issues that arise when spouses separate. The spouses may be married or common-law. These issues typically involve such matters as:

• custody and access to children;
• child support;
• spousal support;
• division of matrimonial property;
• divorce

Family Law also includes other issues such as:

• cohabitation pre-nuptial agreements;
• adoption of children and adults;
• child protection matters;
• guardianship of children;
• applications for access to children other than by parents (i.e. Grandparents);
• division of private pensions;
• restraining orders in domestic situations;
• orders for exclusive possession of a home or other property.

How Do We Resolve Issues?

There are various methods of resolving outstanding issues where spouses have separated (or are about to separate) depending on the circumstances and the parties involved. Negotiation of a separation agreement may be through the parties' lawyers, by the parties directly or through some form of mediation. Where issues cannot be resolved by agreement the issues may be decided through the Courts.

Do I Need A Lawyer?

If you have a separated from your spouse or from the parent of your child(ren), you should consult a Family Law lawyer to fully understand what you rights and obilgations are, as a result of the marriage or relationship.

A lawyer can tell you the implications of your decision, should you decide to separate.

Should I Seek Help?

Your lawyer can refer you to marriage counselling, personal counselling or family counselling to assist you in either reconciling with your spouse or in assisting you and you children through the separation process.

What To Look For In A Lawyer?

Look for a lawyer who is experienced in Family Law. Other qualities such as competence, compatibility and availability are important. You should feel comfortable with and trust your lawyer.

What Kind Of Information Do I Need?

If you and/or your spouse decide to separate, you will need to retain a lawyer. Some of the information that you will need to provide includes:

• a parenting plan for your children where applicable;
• your income information, including tax returns and paystubs;
• a list of your monthly expenses;
• a list of yours and your spouse's assets and liabilities with supporting documentation.