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Dec 14, 2015
Top 5 Family Law Questions
1. What is custody?
Custody means decision making ability for major issues such as education, health care, religion, and sometimes, major extra-curricular activities. If two separated parents have “Joint Custody” then this means that they must make decisions together. Sole custody means that one parent has the ability to make all major decisions for the child without consultation or consent of the other parent.
2. Can I be legally separated from my spouse and still live in the same house?
Yes, you can meet the legal definition of: "living separate and apart” under the same roof. There are a few factually based questions your lawyer will ask you in order to determine if you meet the rest for being separated.
3. Why is the date of separation important?
The date of separation is the date when all assets and debts are crystallized. It is like a snapshot has been taken of the value of your assets and debts which will be used to determine the division of property or the equalization payment owing. The date of marriage is also an important date when determining the overall equalization of property.
4. Can my spouse and I use the same lawyer to keep costs down?
No, that would be a conflict of interest. Every party must have their own independent legal advice or act without a lawyer i.e. self-represent.
5. Are common-law couples given the same property rights as married couples?
No, common-law couples are not entitled to the same division of property provisions that married couples enjoy. There are a few exceptions that require a complex legal analysis. It is always wise to consult with a lawyer to understand your rights to property in a common-law separation.
If you would like to discuss any of these questions, or any concerns you may have, please feel free to contact me by email at sgreatrix@smithvaleriote.com
The content of this article is intended to provide a general guide to the subject matter and is not legal advice. Specialist advice should be sought regarding your specific circumstance.