Divorce Lawyer Edmonton | Learning About The Court Of Queens Bench
Many people assume that the Court of Queen’s bench according to divorce lawyer Edmonton. Is the court that eventually people will go to. If they are eventually looking to escalate a matter. And while it is the Court of Appeals.
For civil and also criminal trials. However, when it comes to family law. Both the provincial court. As well as the federal court, also known the court of Queen’s bench. Ultimately have the same amount of power.
Ultimately, the largest difference between the two. Is that when people are getting a divorce. Because they have been legally married. And they are either divorcing. And or splitting marital property, this is a matter.
That must definitely be handled by the court of Queen’s bench. A marriage is a legal entity. And whining the lives of two people. That gives certain rights, privileges and obligations. To various people in the union.
Which means, undoing this specific legal process. Needs to be handled by the court, that created the union. In the first place. Since marriage is federal. Undoing the marriage needs to be federal as well.
The legislation that specifically deals with marriage matters. Divorce, and the division of marital property. Is the federal legislation. Called the divorce act. While the divorce act can deal with many matters.
Not ultimately limited to just divorce and division of property. It can deal with child support matters. As well as parenting matters like access, and spousal support matters. However, these can also be dealt with.
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Provincially, in the provincial legislation called the family Law act. Because there are overlaps, people can decide. If they want their matter heard provincially. Or if they would rather appear in federal court.
The filing is essentially the same. However, to file in a court of Queen’s bench. Requires an application fee. And some people, may not want to pay that. Especially if there is no particular reason. To file federally.
They must fill out what is called their claim. Which is a form that can be found. Either on the provincial, or federal website. That essentially, outlines the reason. Why they are appearing in court.
And the decision they are hoping the judge will make. As well as filling out the claim, or summary. The person who is making the filing needs to write up. What is called an affidavit to be included.
An affidavit is actually a sworn document. Which means it must be factual in nature. However, it will be written in the person’s own words. Why they are looking for this particular judgement.
They must also include in their application. Any necessary supporting documents. Which, based on the circumstances. And the decision they are asking for. May include a variety of different things.
They should fill this paperwork out in triplicate. And bring it to the courthouse says divorce lawyer Edmonton. They will be directed to the appropriate counter. Depending on whether they want to file.
Federally, or if they want to file provincially. They will get a court date, and once they serve their ex partner. They will be able to appear before a judge even without a divorce lawyer Edmonton. In order to have their ruling decided upon.
Divorce Lawyer Edmonton | Learning About The Court Of Queens Bench
Many people may think they need a divorce lawyer Edmonton. If they are going to file for divorce. Or if they need to go to court. To sort matters of child support, spousal support. Or parental access with their children.
However, this is not necessary. Especially if both partners. Are in agreement of what they want. The judge to make a ruling on. Such as they both agree, that they will have equal access to the children.
Which means, all they need is to register this decision. With the court system. And then ensure. That child support is calculated properly. When both parents share access like this.
Child support is calculated. By taking a percentage of both parents wages. And subtracting the percentage of the smaller wage from the percentage of the larger wage.
The difference between the two percentages. Will be the amount of child support, that the larger wage earner owes. And even though two parents may be in complete agreement.
Child support is mandatory by law. Which means they at least need to have this decision. Decided upon and registered into court. If anything changes, the process to change this decision.
Needs to happen, in court as well. If two parents are in agreement. Or if it is a common-law relationship. That has spousal support says divorce lawyer Edmonton. Filings are mandatory.
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But hiring a lawyer. Is often on expense, that nobody needs to pay for. Then, they can fill out the appropriate paperwork. And appear in a court of law. The judge will hear from both parties.
And if both parties ultimately say that they agree. On what is being requested. The judge therefore has little to no reason. To deny it. The only times the judge will overrule. What the parents are requesting. Is if it is in violation of the law.
For example, parents cannot agree. To waive child support. One parent may not need it. And the other parent may not afford it. However, according to the child’s rights. Child support must be paid.
Therefore, if what the parents are asking for. Are legally accepted, the judge will simply approve. What they are asking for. Which means hiring a divorce lawyer Edmonton is not necessary.
However, if people do not agree. With what has been filed. The judge will listen to both sides. And then make a decision. On what they think is in their best interest. Usually, it is a compromise or middle ground.
However if there are children from the union. Their needs and rights will be put first. Typically, it will be a compromise. That neither side is happy with. Each is why it is always most advantageous.
For people to agree. Prior to appearing in court. Especially since the judges final decision. Cannot be disregarded or overturned.