Divorce Lawyer Edmonton | Differences In Provincial And Federal Court
When it comes to family matters, divorce lawyer Edmonton says. It does not matter if people are seen in a provincial court. For a federal court, also known as a Court of Queen’s bench.
While the federal court, is when. That typically has more power than a provincial court. This is in civil, and criminal trials. Often coming into play. If people are looking for a different ruling.
Or, to have the decision overthrown. Or a mistrial claimed. When it comes to family law. There is very little difference between the two. One of the biggest differences. And the only difference that people should be aware of.
Is that the Court of Queen’s bench. Is the only court that people can go to. They are ending in actual marriage. Marriage is a specific legal entity. And undoing this legal entity. Requires special legislation.
This legislation is federal, and called the divorce act. It specifically deals with marriage. And undoing it, in the right way. Since marriage entangles both the husband and wife’s lives, and finances together.
Undoing it, takes special powers. That is only granted by the federal courts. Also known as the Court of Queen’s bench. However, any other matter dealing with that relationship ending. Such as child support.
Even spousal support, and parenting matters. Can be dealt with moving forward. From either court system. Whether it is the Court of Queen’s bench. Or the provincial branch of the court system.
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Therefore, specifically marriage, and ending it. And the division of marital property. Must be dealt with federally. In the Court of Queen’s bench. While everything else can go provincially.
However, there are many reasons. Why people may decide. To pursue things like child support. Or spousal support in a court of Queen’s bench. If there ex spouse lives in another province.
It does not make sense to file provincial paperwork. If they are not living in the same province says divorce lawyer Edmonton. If they file federally. The federal government will have reach.
New matter what province a person is living in. Many people may ask divorce lawyer Edmonton. What will happen, if there ex-spouse actually ends up fleeing the area. Or moves to another country.
In this case, it is also in their best interest. To file under the Court of Queen’s bench. Simply because Canada is what is called. A reciprocating jurisdiction with dozens of other countries.
This means any legal decisions. That are made in Canada, are legally upheld. In those other countries. And any legal decisions. From those other countries. Can apply to their citizens living in Canada.
Therefore, spousal support and child support matters. Can be legally upheld. If the ex-spouse moves to one of those countries. Outlined in the reciprocating jurisdiction document. On the Court of Queen’s bench website.
If people would like more information. About how to file divorce paperwork. Or if they are ending a relationship with their common-law spouse. And do not want to hire a lawyer. They can get help from eLaw alliance in Edmonton.
Divorce Lawyer Edmonton | What Are The Differences In Provincial And Federal Court
Even though many people assume they have to hire a divorce lawyer Edmonton. This is not necessarily true. Especially if people have agreed. On what they are going to do when they separate or divorce.
Or, if a person cannot afford. To retain a lawyer, some of which require. Thousands of dollars in a retainer fee. Therefore, many people simply want to file. There divorce or separation paperwork alone.
And ensure that they can get out of the relationship. Or have a judge rule. On matters such as spousal support and child support. People can file their own paperwork. And they do not need a lawyer.
However, they may need. Some basic information on how to do this. They can either apply through the provincial court. Or the federal court, called the Court of Queen’s bench.
Regardless, they will need the same information. If it is an actual divorce. People have no options. They must go through the court of Queen’s bench. However, the information they need will still be the same.
First of all, they need to fill out a form. About what they are asking the judge to rule on. Whether they are asking for a judge. To grant their divorce. Make a decision on child support, spousal support.
Division of marital property, and even parental matters. People will be able to ask for these things. In the form that they fill out. The next step, is creating what is called an affidavit.
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An affidavit is a document, written in the person’s own words. About what they are asking for. It is essentially a story. Or, what they would tell a judge. If the judge was in the same room as them.
The information in the affidavit must be factually true. And the person filing it. Must swear that it is accurate. Once that is done, it can be entered into the court records. And be used as evidence during the decision.
After they create the affidavit, the third part. Is compiling all of the supporting documents. Which may include financial information. If there are children, they need the parenting after separation certificates.
As neither parent will be able to apply. Within the court system, if they have not taken this free course. That is available online. Once they have put together the entire package.
Divorce lawyer Edmonton says they can go to the court house. And will be directed, either to the provincial court counter. Or the federal court counter. To file their paperwork.
The court of Queen’s bench will have a filing charge. Unless a person has a certificate. From legal aid, saying that they have little money. Once they file, they will also have a court date.
They must then serve the other person. Usually the ex-spouse. If people have any questions about this process. The divorce lawyer Edmonton at eLaw alliance. Will be more than happy. To answer those questions during a one hour, free consultation.