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Canadian divorce knowledge
Applicants must submit marriage certificates and meet the requirements for divorce: (a) those who have been separated for one year due to the breakdown of marriage; (b) adultery with the plaintiff; (c) Abuse of prosecution with the litigant, including mental or physical abuse.
Generally, divorce cases are based on the breakdown of marriage. As long as you are Separate for one year, you can apply.
the definition of separation, in addition to the actual separation of residence, also needs to have the intention of leaving the relationship between husband and wife. During the separation period, if the two parties reunite for more than 9 days, the separation will be terminated and recalculated.
separation can be decided by mutual consent or by unilateral action. The separation of husband and wife usually involves the distribution of property, custody of minor children and alimony.
according to the legislation of * * * province, husband and wife have the right to share all family property equally, and the definition of family property generally refers to the property enjoyed by husband and wife and their children, including the property under the personal name of husband or wife.
2. What matters should be considered before divorce in Canada
Before divorce, it is necessary to consider the following issues: 1. Arrangements for custody of children.
2. Children's visiting rights. 3. Financial support for raising children.
4. Children's medical care, dental insurance, hospitalization and mental health expenses. 5. Who will apply for the tax benefits for the expenses of raising children? 6. Spouse alimony.
7. divide production. 8. Property allocation and transfer.
9. Allocation of other investments, such as stocks, bonds and savings. 1. How to deal with debts.
11. Canadian pension. 12. Distribution and disposal of personal belongings.
13. automobiles, including station wagons and cruise ships. 14. Income tax declaration and distribution of tax burden.
15. Bankruptcy, how to protect yourself if another spouse applies for bankruptcy. 16, after the industrial distribution, how to get proper protection.
17. How to ensure that the other party will perform its due responsibilities? 18. How to hide the other party's property to avoid the responsibility of division of production.
19. How to deal with violent acts such as violence or abuse by the other party. 2. Restore the maiden name.
21. Handling of life insurance, such as changing the beneficiary or buying insurance to ensure that the alimony of the spouse and children can still be paid after death. 22. Expenses such as attorney's fees and accountant's fees.
23. Education expenses for children or spouses. 24, after the divorce, if a party or children's situation has changed, how to make appropriate response.
25. When children have special or individual circumstances, such as attending summer camp or needing to make up math lessons, etc.
3. What are the requirements for divorce in Canada
In Canada, divorce procedures are controlled by federal legislation and handled by the high courts in various provinces.
one of the victims must have lived in the province for more than one year at the time of admission. If both parties applying for divorce have no objection, they can submit affidavits without appearing in court.
Applicants must submit marriage certificates and meet the requirements for divorce: (a) those who have been separated for one year due to the breakdown of marriage; (b) adultery with the plaintiff; (c) Abuse of prosecution with the litigant, including mental or physical abuse. Generally, divorce cases are based on the breakdown of marriage.
as long as you are separate for one year, you can apply. The definition of separation, in addition to the actual separation of residence, also needs to have the intention of leaving the relationship between husband and wife.
during the separation period, if the two parties get back together for more than 9 days, the separation will be terminated and recalculated. Separation can be decided by mutual consent or by unilateral action.
When husband and wife are separated, the common problems to be solved are the distribution of property, custody of minor children and alimony. According to the legislation of the province, husband and wife have the right to share all family property equally, and the definition of family property generally refers to the property enjoyed by husband and wife and their children, including the property under the husband's or wife's personal name.
For example, the wife inherited some properties, which were left to her by her parents and registered in her own name, becoming her personal property. If this property is used as a holiday home for a family-husband, wife and children-or for rent, and all or part of the rental money is used for the ordinary expenses of the family, then this property is likely to be classified as family property.
it doesn't matter whether the property belongs to the husband or wife before or after marriage. The key is whether the use of this property is generally used for the common interests of the family or simply for the personal interests of the person who holds the property.
custody of children. In the past, courts tended to award young children to their mothers for support.
However, based on the principle of equality between men and women in the Constitution, now the court can't lay particular stress on the custody of the mother, but must judge how to judge the custody according to individual cases, taking the interests of children as the priority. The child's physical and mental health, the child's personal wishes, the emotional relationship he has established with other relatives and friends, his needs in education and counseling, and his parents' different abilities are all factors that should be considered in judging custody.
The question of alimony depends on whether one of the spouses is responsible for the household. If both of them work and earn roughly the same income, they will each bear their own living expenses.
However, if the children are raised by one party, on the other hand, they have to pay alimony. According to the Canadian divorce law, there are guidelines on how much alimony should be paid, which are called federal child support guidelines. It depends on the payer's income and the number of children who need to be supported.
At the same time, in its calculation, it also estimates that the party holding the alimony should pay the same expenses for supporting the children. Also, the guidelines for child support vary according to the living index of different provinces.
Of course, if there are individual and unusual circumstances, such as children with disabilities need more alimony, or the one who holds alimony has higher financial ability, while the one who has to pay alimony has a heavy burden of life, and so on, you can apply to the judge for appropriate adjustment of alimony. Otherwise, under normal circumstances, judges must follow the guidelines to determine the alimony of their children.
4. According to the Canadian Marriage Law, how to divorce
Divorce can be handled through litigation in China. At present, some grass-roots courts in Beijing can also accept foreign-related divorce cases. If it is an uncontroversial divorce, the procedure is also very simple, and a controversial divorce can also be handled.
If the domestic court accepts the divorce case, it will handle the case in full accordance with the laws of China. We consider your friend's husband's online "marriage" behavior without divorce, and we can submit relevant evidence. E-mails and screenshots should be kept and notarized if necessary, but electronic evidence is troublesome. The electronic evidence we submitted before is to prove that one party's ID is himself, otherwise it will be more difficult for the judge to identify if the other party does not recognize that the e-mail was sent by himself. Some of the content of the marriage may have photos of the marriage seeker, which will also help.
5. According to the Canadian Marriage Law, how to divorce
Marriage Law
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The divorce procedure in Canada is controlled by federal legislation and handled in the high courts of all provinces. One of the victims must have lived there for more than one year. If there is no dispute between the two parties applying for divorce, they can submit an affidavit without appearing in court. If the wife lives in Vancouver and the husband lives in Taiwan Province, the wife can apply for divorce in the British Columbia High Court. However, if the husband has already filed a complaint in court in Taiwan, the wife can no longer file a complaint in British Columbia.
the applicant must submit a marriage certificate and have the conditions and reasons for divorce, such as separation for one year; Abuse of the plaintiff by the litigant, including mental or physical abuse; Adultery with the litigant, etc.
Generally, divorce cases are based on the breakdown of marriage. 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 period of separation, if the two parties are reconciled for more than 9 days, the separation will be terminated and recalculated. Separation can be decided by mutual consent or by unilateral action.
When new immigrants come to Canada, they have to adapt to many places, and they are under great pressure from all sides, which sometimes affects family harmony. Most families are in the same boat and get through the difficult period. There are also a few marriages that are exhausted and cannot grow old together. If the two parties can negotiate property and child support, they can agree to divorce, instead of spending huge sums of money to hire a lawyer, hitting each other's wounds in court and adding handling fees. A month later, the judge of the provincial court will send a divorce certificate. If one or both parties need a divorce certificate, they may need it when they remarry. If the two sides agree to a peaceful settlement, they can go to the stationery store to buy the ones in their province? Statement of divorce by agreement and application form? (DivorceGuide and DivorceForm), fill it out and sign it in front of the staff of the provincial court, and pay the handling fee. The provincial court will send the marriage certificate signed and approved by the judge to the home.
The separation of husband and wife usually involves the distribution of property, custody of minor children, and alimony. British Columbia's legislation stipulates that couples have the right to share all family property equally. The court tends to award the custody of young children to the mother. However, based on the principle of equality between men and women in the Constitution, now the court can't lay particular stress on the mother's right to support, but must decide how to judge the right to support according to individual cases and how to benefit children. The child's personal intention, physical and mental health, the emotional relationship established between the child and other relatives and friends, the educational needs, and the different abilities of parents are all factors that will be considered in judging the right to support.
As for alimony, if both of them have jobs and their incomes are roughly equal, they will each bear their own living expenses. However, if the children are raised by one party, the other party has to pay the children's alimony, and how much alimony should be paid. Under normal circumstances, the judge must judge the children's alimony according to the guidance of the divorce law. For example, according to the guidelines in 1997, in British Columbia, if the party who pays alimony earns 2, yuan per month (income before tax), according to the number of people who need alimony, the monthly alimony is: $212 for a child; Two children, pay $359; Three children, pay $476; Pay $574 for four children. When handling separation or divorce, both parties should discuss the above issues calmly. If no agreement can be reached, hiring a lawyer to assist in the negotiation can ensure your reasonable rights. It is best to consider mediation or arbitration to solve the problem that no agreement can be reached at the moment.
Do marriage and cohabitation enjoy the same legal rights
In Canada and the United States, many people do not want to get married, but only want to live together. Some men and women have lived together for many years, have children, and still don't get married. In Canadian law, as long as men and women live together for more than six months, they enjoy the same legal rights as marriage. In other words, if both parties decide to break up, either party has the right to ask for an equal share of property, such as houses, cars and bank deposits. Young people don't have much property, so they don't have to worry too much. But for people with some property, especially middle-aged people who remarry, it is a problem that should be considered.
A famous gambling city and a holy place for marriage
Do you know? Las Vegas, a world-famous gambling city, is also a holy place for marriage. According to the staff of the city's marriage registration office, which is open 24 hours a day, on average, about 1, people from all over the world register for marriage in the city every month. Why do so many people want to get married in Las Vegas, a desert casino? Is it true that marriage is no different from gambling in the rapidly changing information age?
In fact, the main reasons why people like to get married in Vegas are: 1. Marriage registration procedures are simple and convenient. City * * * Marriage Registration Office has no rest days, no closed hours and round-the-clock service. People can register whenever they want to get married. The registration procedure is very simple, and sometimes you don't even need any identification such as a driver's license. As long as both parties are present, fill in the form and sign it, and pay a handling fee of more than 5 dollars, you can get a marriage certificate recognized all over the United States and Canada (I'm afraid the whole world).
2。 Vegas is unique in flavor and economical in cost. In order to attract tourists, Las Vides often offers great discounts on tourist air tickets, so that people with low incomes can also afford the expenses of sightseeing. The expansion of Las Vegas is rapid, and new buildings are built every year, and The New Inn is completed. The bottom floor of the hotel is all casinos, and the lobby outside the casino is very luxurious and has different styles. Some of them are like entering the Egyptian pyramids, and there are unearthed works of art everywhere, and even simulating the Nile; Some are decorated like Disney entering the fairy tale world, and some are decorated like pirates robbing and treasure caves in medieval Europe, which is dazzling. Hotel meals are also cheap, buffets are very common, and the main profit of hotels is to attract customers to gamble. If tourists and newlyweds can resist the attraction of gambling places, Las Vegas is also a unique wedding tourist destination.
6. What are the marriage customs in Canada?
Canada is a multi-ethnic country, with British, French, Indian, Eskimo, Chinese and a few immigrants from Europe, America and Asia.
All these ethnic groups have their own traditional habits and customs, which are also manifested in weddings, thus making Canada a country with colorful wedding customs. Float Canadian young men and women like to hold weddings from May to September, especially in July, and the wedding ceremony is mostly on Saturday.
During this period, every weekend, the sweet "Wedding March" was played from morning till night in urban and rural churches in Canada. The floats of the bride and groom drove slowly, and the onlookers gave warm applause and laughter. The vehicles that met honked their horns to congratulate them, and all places were immersed in a jubilant atmosphere. Because many men and women choose to hold weddings at the same time, the church is extremely busy, so all preparations must be properly contacted three or four months before the wedding.
Canadians love flowers. The flowers at their weddings are exquisite. The churches, banquet halls and new houses are all decorated with roses, orchids and lilies, which are colorful and fragrant. Therefore, purchasing flowers is also an important thing. The wedding ceremony was held in the church, and the content of the ceremony was similar to that of many western countries.
Among them, the rings given to each other by Canadian newlyweds are engraved with their initials and wedding date on the inside, which are regarded as treasures by both parties and kept as permanent memorials. After the church ceremony, the newlyweds will walk around the bustling area in beautifully dressed floats, and then take photos of the newlyweds in scenic parks or places of interest.
Canadian wedding banquets are usually held in the evening, with an informal reception, followed by a formal cold and hot meal. The atmosphere is warm and the scene is grand. Canadian newlyweds also have the habit of honeymoon travel after marriage.
Canada has a long winter, so it has good economic conditions. It likes to spend holidays in Caribbean islands and Florida in the United States, enjoying the sunshine, beaches and waves. The Eskimos who live in northern Canada are now popular with the ancient custom of "robbing relatives".
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