Family Law in Canada

Family Law in Canada



According to Statistics Canada, between 1991 and 2011, approximately five million Canadian couples decided to separate or divorce. 38% had children.

In 2012 to 2013, one third of all civil court cases were family law cases, or 318,000 out of 922,411.

Luckily, Canadian family law firms are available in all major cities, including Toronto, Montreal, Edmonton, and Vancouver. Do not hesitate to call one for a consultation today.

Family Law Services

Family law deals with a variety of services, including divorce and separation, child custody, enforcing child or spousal support, custody and parenting, family justice services, and more. Specifically, many family lawyers have a wide range of areas of practice.

  • Marriage Contracts (Prenuptials) and Cohabitation Agreements–In this area of practice, family lawyers will draw up domestic contracts to define, expand, or limit couples’ rights and obligations.
  • Separation and Divorce–In this area of practice, family lawyers will deal with the difficult issue of ending a relationship. It is important to remember that most divorces are granted after couples have been separated for a year. However, it is not necessary to have a separation agreement before the divorce. In addition, family lawyers can help in cases of separation, but in which couples continue living under one roof. Some couples may also choose a separation agreement instead of a formal divorce. A formal divorce is only necessary, when one of the parties decides to marry someone else.
  • Child and Spousal Support –In this area of practice, family lawyers help individuals keep child and spousal support at reasonable levels. Expert attorneys know how to deal with Canadian law, which has different sets of rules for clients with high incomes, including those above $150,000 CAD and those above $350,000 CAD.
  • Child Custody and Access – In this area of practice, family lawyers will help couples navigate the difficult process of planning child custody and access after a separation or divorce.
  • Division of Property – In this area of practice, family lawyers will help couples with the division of property and debts after separation and divorce. Family property includes the family home, other land, houses, and condominiums, RRSPs, investments, bank accounts, insurance policies, pensions, and businesses. Property that was owned before the relationship and prior inheritances are called excluded property and are not factored in.
  • Mediation and Arbitration Agreements – In this area of practice, family lawyers will attempt to achieve the best results, with the least amount of conflict and as cost-effectively as possible. Both parties, along with their respective lawyers, will choose a mediator or senior attorney, to resolve the dispute before going to court.

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