Problems of divorce law in Canada

Divorce procedures in Canada are usually regulated by federal legislation and handled by the high courts in various provinces. One of the victims must have lived there for over a year. If there is no dispute between the two parties applying for divorce, they can submit an affidavit and not appear in court. If the wife lives in Vancouver and the husband lives in Taiwan Province Province, the wife can apply for divorce in the High Court of British Columbia. However, if the husband is already in Taiwan Province and reports the case in court, the wife can no longer report the case in British Columbia.

At the time of divorce, the applicant must submit a marriage certificate with the conditions and reasons for divorce. For example, separated for one year; Abuse of the plaintiff by the litigant, including mental or physical abuse; Adultery with the plaintiff and so on.

Generally, divorce cases are based on the premise of marriage breakdown. You can apply as long as you have been separated for one year. The definition of separation, in addition to the actual separate living, also needs to have the intention of leaving the relationship between husband and wife. During the separation period, if the two parties have reconciled for more than 90 days, the separation will be terminated and recalculated. Separation can be decided by mutual consent or unilateral action.

When new immigrants come to Canada, they have to adapt to many places, and there is great pressure in all aspects, which sometimes affects family harmony. Most families are in the same boat through difficult times. There are also a few marriages that are too tired to grow old together. If the two sides can negotiate property and child support, they can agree to divorce, instead of spending huge sums of money to hire a lawyer to attack each other's wounds. Therefore, if both parties agree to a peaceful settlement, they can go to the stationery store to buy the divorce instructions and application forms (divorce guide and divorce form) of the province where they live, fill them out and go to the provincial court staff to sign them and pay the handling fee.

The separation of husband and wife usually needs to solve the problems of property distribution, custody and alimony of minor children. The British Columbia government legislates that husband and wife have the right to share all family property equally. Courts tend to award custody of children to mothers. However, based on the principle of equality between men and women in the Constitution, the court should not focus on the custody of the mother, but must decide how to judge the custody according to the circumstances of the case and how to benefit the children. Children's personal wishes, physical and mental health, emotional relationships established between children and other relatives and friends, educational needs, different abilities of parents, etc. are all factors that will be considered when judging the right to support.

As for alimony, if both of them have jobs and their incomes are roughly the same, they will each bear their own living expenses. But if the child is raised by one party and the other party has to pay the child's alimony, how much alimony should be paid? Under normal circumstances, the judge must judge the alimony of children according to the guidance of the divorce law. For example, according to the guideline of 1997, in British Columbia, if the party who pays the maintenance fee earns 2,000 yuan per month (pre-tax income), according to the number of people who need to be supported, the monthly maintenance fee for a child is: 265,438 US dollars +02 pounds; $359 for two children; $476 for three children; Pay $574 for four children.

Therefore, when dealing with separation or divorce, both parties should discuss the above issues calmly. If you can't reach an agreement, hiring a lawyer to help negotiate can guarantee your reasonable rights and interests. For problems that cannot be reached at the moment, it is best to consider mediation or arbitration.