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What You Need To Know Before Filing For Divorce In Canada
The Constitution clearly states that marriage and divorce come under the domain of the Federal government while civil and political rights come under the jurisdiction of provincial and territorial governments. Though Quebec has a different Civil Code, divorce laws remain the same in Quebec and throughout the country. Even if the marriage has been held outside Canada one can yet file for Divorce in Canada, if they have lived here for more than a year. Divorce Act is applicable only to legally married couples. One can apply for a Divorce in Canada is to prove that there is a breakdown of marriage. Separation with the intention of divorce for more than a year is accepted by the law as breakdown of the marriage. One can apply for divorce based on adultery, desertion or cruelty. Almost one –third of Canadian marriages end in a divorce especially of the uncontested kind. Gaining knowledge about divorce proceedings is a necessary evil to avoid pitfalls later. Hiring a divorce lawyer as well as a financial expert to advice you on the proceedings of divorce is most essential. If the divorce lawyer’s cost is too expensive, then availing the services of a divorce lawyer through legal aid is better. Each province has different rules to gain legal aid. A good lawyer will try to arrive at an out of court settlement through negotiation avoiding the painful process of trial and litigation. Distribution of property and debts is governed by complex rules. If you were to shift the full responsibility of payments of mortgages and joint debt on your spouse, you will have to look out for poor credit rating, if the spouse were to default on the payments. Ensure that the joint accounts are closed and the creditors are informed about the divorce. The credit report would be affected if credit cards are held jointly. Suppose there are any dues to financial institutions, they will hold both equally responsible especially if the primary account is a joint account. Therefore the creditors will have to be informed about the divorce and separate the accounts. Divorce in Canada is a complex process. It is an emotionally traumatic process and the financials if not taken care of properly will cause lot of bad blood. It might lead to prolonged trial and litigation which will further increase the financial burden. Keeping these points in focus, one will be able to obtain a hassle free divorce. Article Directory: http://www.articledashboard.com For more information about divorce in Canda visit www.divorceonline.ca |
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