Surviving Your Divorce : A Guide to Canadian Family Law (4TH)

Surviving Your Divorce : A Guide to Canadian Family Law (4TH)

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  • 製本 Paperback:紙装版/ペーパーバック版/ページ数 316 p.
  • 言語 ENG,ENG
  • 商品コード 9780470839522
  • DDC分類 346.710166

Table of Contents

Acknowledgements                                   ix
Author's Note xi
Introduction 1
Chapter 1 Taking a Look at Ourselves: The 11
Emotional Stages of Marriage Breakdown
The Five Emotional Stages of Marriage 13
Breakdown
Marriage: A Note 17
Marriage Counselling 18
Transition People 19
Chapter 2 Taking a Look at Lawyers: Take 23
Charge of the Relationship
Family Law Lawyers 24
Hiring a Lawyer 24
The Ideal Lawyer 24
Family Law and Legal Aid 26
The Retainer (or What Everyone Else Calls a 27
Contract)
Confidentiality 29
If You Are Dissatisfied with Your Lawyer 30
Firing Your Lawyer 32
What to Do When You Are Unhappy about Your 35
Lawyer's Bill
Chapter 3 Taking a Look at the Process: 39
Understanding Family Law and the Legal System
The Legal System 41
Family Law and the Courts 43
The Personnel of the Courts 43
The Rules of Court 47
Chapter 4 Divorce: Dissolving the Marriage Vows 57
Grounds for Divorce 58
Reconciliation 62
The Procedure for a Divorce 63
Uncontested Divorces 64
Joint Application for Divorce 65
Contested Divorces 65
Bars to Divorce 66
Marriages of Convenience 67
Legal Fees for Divorce 68
Chapter 5 Dividing the Family's Property: Get 71
Your Fair Share from the Marriage Partnership
What is "Property?" 73
What is Divided? 74
What is Not Divided? Exempt Property 74
How is Value Determined? 75
Date of Valuation 78
Unequal Division of Property Values 78
The Matrimonial Home 79
Pensions 80
Financial Statements 83
Paying the Judgment 84
Some Tax Considerations 84
Some Strategic Considerations 86
Chapter 6 The Children: Every Parent's Top 91
Priority
Custody and Access 92
Who Is a Child? 93
The Child's Best Interests 94
Other Considerations 95
Assessments 99
Custody 100
Joint Custody and Child Support 102
Advice on Joint Custody 104
Conditions on Sole Custody 104
Access 106
Strategic Considerations 107
Paternity 111
Paternity Agreements 113
What Will We Tell the Children? 114
Stepfamilies 121
A Warning 122
Chapter 7 Support: Financial Assistance After 125
Separation
Child Support 127
When Is a Child Eligible for Support? 132
Spousal Support 138
Parental Support 147
Chapter 8 Common-Law Spouses Have Rights, Too 151
The Meaning of "Common Law" 151
Children in Common-Law Relationships 153
Spousal Support 153
Property Division for Common-Law Couples 155
Federal Legislation 159
Cohabitation Agreements 160
Legal Advice 160
Chapter 9 Settling Your Differences: Avoiding 163
the Courtroom
Offers to Settle 165
Minutes of Settlement 167
Orders on Consent 168
Separation Agreements 168
Chapter 10 Not Settling Your Differences: Going 177
to Court
The Courtroom 179
The Paper Chase 181
The Trial Itself 181
Appeals 188
Chapter 11 Alternatives to Court: Mediation, 191
Arbitration and Collaborative Family Law
Mediation 192
Arbitration 198
Mediation/Arbitration 199
Religious Arbitration 199
Collaborative Family Law 200
Strategic Considerations for Alternatives to 201
the Court
Chapter 12 Enforcing Family Law Orders: Making 205
an Order Stick
Custody Enforcement 206
More on Abductions 209
Canada Customs and Travelling Outside Canada 210
Access Enforcement 212
Support Enforcement 214
The Support Enforcement Offices 216
Property Enforcement 218
Personal Restraining Orders 220
Contempt 221
Chapter 13 Grandparents and "Other Interested 225
Persons"
Grandparents 226
Strategic Considerations 231
"Other Persons" 233
Chapter 14 Domestic Violence: A Problem that 235
Just Won't Go Away
Violence: The Myths 237
Why Are Women Assaulted? 238
Why Do Men Do It? 239
What Can Be Done? 240
Strategic Considerations and Domestic Violence 242
Chapter 15 Marriage Contracts and Cohabitation 247
Agreements: Managing Your
Relationship佑ontractually
Marriage Contracts 248
Cohabitation Agreements 251
Setting Aside Domestic Contracts 252
Chapter 16 Family Law and Your Will 257
Making a Will 257
Divorce and Your Will 260
Chapter 17 Self-Help Advice: Going It Alone? 265
How to Complain 265
How to Do Your Own Research 266
How to Represent Yourself: Eyes Wide Open 269
Appendix A Some Important Paperwork 275
The Retainer Form 275
A Separation Agreement 277
The Family Law Client History Form 297
Appendix B Canadian Child Support Guidelines 299
Glossary 305
Index 313