Divorce Lawyer Edmonton | Going To Federal Court
Whether people have their divorce finalized in provincial, or federal court says divorce lawyer Edmonton. No court has more authority than the other. To make decisions about ending a relationship.
In fact, divorcing couples must go to a federal court. Also called the Court of Queen’s bench, simply because marriage. Is a specific legal entity. That entwines the couples lives.
Both financially, and with property. Because it is a specific legal process. The legislation undoing that process. Is federal, and therefore can only be undone. In a federal court of law.
Presided over by a federal judge. As well as a federal court being the only place. For people to get their marriage dissolved. But division of marital property. Must also be decided federally.
Simply because marriage gives a woman. What is called dowry rights, which is the right. To half of the property. From the marriage itself. Therefore, dividing it. Must also be decided federally.
Common-law couples. Who are splitting up. Or, couples who have already had. Their marriage dissolved. And there marital property divided. Can then go to either court. To deal with other matters.
Such as child support. Which is actually mandatory to pay. Simply because it is the right of the child. To have both of the people who created life. Be responsible for their life. Until they are eighteen years of age, or older.
Therefore, figuring out who must pay child support. And how much child support they must pay. Must be decided upon says divorce lawyer Edmonton. As well as parental matters like access.
And even spousal support matters. Particularly if a spouse, or partner even if they were not legally married. Is asking for support. For various different reasons says divorce lawyer Edmonton.
Therefore, it can be heard provincially. Or at the federal level, in a court of Queen’s bench. Even if decisions have already been made. But there is a change, such as one person. Getting a different job.
And therefore, making a different amount of money. May want to reduce their child support payments. If they are now making less money. Or if circumstances change. And parental access is not the same as it once was.
That is going to not only impact. The child support that is paid. But it often may reverse. Who is paying child support. As well as the amount. Parents can also file in court.
In order to find out. If they can ask their ex partner. To pay for some of the extracurricular activities. Of their child, or children. All of these decisions can be made. Both in a federal court.
As well as a provincial court. Procedurally, there may be some differences. But largely, the process will be the same. People will file paperwork.
At the courthouse, and get a court date. And during the court proceedings. It will happen in a court room. Where they both get to speak to a judge. Who will make the final decision.
Divorce Lawyer Edmonton | Are You Going To Federal Court
People may think it is a huge deal going to federal court says divorce lawyer Edmonton. And while the federal court, has more authority. When it comes to civil and criminal matters.
For family law matters, both federal court. And the provincial court have the same power. To make decisions in the same way. Regarding ending a relationship. And the fallout occurring because of that.
Child support matters, parenting matters like access. And spousal support, are different decisions. That will need to be made. Once a relationship is over, whether it is a marriage or common-law.
While specifically, dissolving a marriage. And dividing marital property. Can only happen at a federal court. Also called the Court of Queen’s bench. This is because the legislation dealing with marriage and divorce.
Is a federal document, called the divorce act. Which deals with untangling the two lives. Of who got married. If they are common-law, and they do not need. To split marital property says divorce lawyer Edmonton.
People can decide to either go to the court of Queen’s bench, federally. Or have their matter heard by a provincial judge. Most people will prefer provincially. If only for the reason that it is free to file.
Although some people. May decide to file federally. Especially if there ex partner is living in another province. Because whatever decision the federal judge makes. It will be much easier to enact.
In other provinces, it comes from a federal judge. As well, many people may decide. To go to the court of Queen’s bench. Because their ex partner is living in another country. Some people think they can get out of.
Paying things like child support or spousal support. If they are in another country. However, Canada is what is called a reciprocating jurisdiction. Which means court decisions that are made in this country.
Can be upheld in other reciprocating jurisdictions. Such as the United States, France and Germany. Even certain African countries, and Asian countries as well. But also, decisions made legally in those countries.
Can be upheld in Canada. Because of the reciprocating jurisdiction agreement. There are several dozen countries around the world. That have reciprocating jurisdictions with Canada.
Therefore, people choose to have decisions made. By the federal court. Because it is much easier to ensure. That the reciprocating jurisdiction is upheld. In the country that there ex partner is in.
When people are ready to file. And they do not want to pay for divorce lawyer Edmonton. They can fill out the paperwork themselves. And go to the courthouse, in order to get a court date.
They will need to bring their paperwork in triplicate. And then, they will have to have one call be served. To their ex partner. If there is nothing in the paperwork. That is specifically dealing with divorce.
Or division of marital property. A person can even serve their own ex partner themselves. However, many people may simply hire someone. So that they do not have to see the person as they are serving them.