Family law is a sensitive topic, which usually needs a lot of attention to detail. Separation or divorce can take a toll on anyone, as managing emotional, financial, and legal changes represent the leading cause of health imbalances.
Still, the most valuable thing you can do in this hard time of your life is to get access to reliable and useful information. This article discusses up closely the types of problems family law deals with. But first, let’s clarify the distinction between married and unmarried couples.
Marriage vs. Common-Law Relationship
So, to understand your rights and responsibilities, we should start by defining these two concepts. A spouse is an individual in either a married or common-law relationship. And a couple is in a common-law relationship if they are not married and still lived together for two years and more.
For both the marriage and common-law relationship, the end of it brings specific legal rights and obligations. Still, the distinction between being married and being in a common-law relationship is that married individuals are obliged by law to request a divorce if they aim to end their relationship. Also, separating couples can appeal to the Family Law Act, and the married couples can use the Family Law Act or the Divorce Act.
Family Law, Separating Couples and Legal Amenities:
Family law can help those ending a relationship discover the proper approaches to taking care of a child. As a parent, you are the sole responsible for your child, which is why the court will issue arrangements on this topic. Mainly, the purpose is to achieve shared custody so that the child will benefit from the presence of both parents. Yet the core issue discussed in court with the help of family law is the living agreement for the child.
The Canadian family law indicates there is a legal obligation for separating parents to tend to their child’s needs jointly. The outlay of child support is set based on custody, the number of kids, the area where they will live, and overall income. Hence, family law indicates that there are two types of custody. Sole custody refers to the situation in which a child is more than 60% of the time with one parent than another throughout a year. Shared custody is when a child spends around 40% of his time with each parent throughout the year.
This concept in family law refers to a sum paid by one of the spouses to the other. Yet this is not a right you will receive by default, as you will have to submit proof of financial distress caused by the end of the relationship. Of course, the court might grant spousal support faster if this was a long-term relationship, or if there was a notable difference in income between spouses.
The legal background for property division in family law is that each good obtained during the relationship is subject to a 50-50 split ratio. As such, it is cataloged as family property, and the separation agreement will include a clear indication of how you will manage such goods.