Divorce Lawyer Edmonton | Understanding Court Of Queens Bench
There is not a lot of difference says divorce lawyer Edmonton. Between the federal court, also known as the Court of Queen’s bench. And provincial court. Typically, while the court of Queen’s bench usually deals with more official type of things.
A marriage is a specific legal agreements. That two people enter into. That can only be granted by the highest Court of Canada. Therefore it can only be undone I the same highest court.
Therefore, if people are getting a divorce. They are going to need to file with the court of Queen’s bench. And all marital agreements. Pertaining to the marriage, and divorce. Such as a division of marital property.
Will be dealt with at the federal court as well. Typically, when people are getting a divorce. They will also deal with child support matters, parenting matters. And spousal support matters at the same time.
And all of that will be handled through the court of Queen’s bench. However, this is not always the case says divorce lawyer Edmonton. Sometimes, people simply deal with their divorce at the court of Queen’s bench.
And then go back to court to deal with parenting matters, spousal support and access of the children. In this case, they can simply go to the provincial court. Because the laws dealing with these circumstances.
Are the same whether it is provincial court or federal court. Therefore, the only time these matters will be dealt with federally. Is if they are being dealt with the same time as a divorce.
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Procedurally, both courts are essentially the same. They are going to be held in a courtroom. Having a judge preside over the proceedings. And the judge will either encourage both parties to agree.
But if that seems impossible, the judge will come to an agreement. On behalf of both people. Which will then be legally binding. And something that cannot be changed. Divorce lawyer Edmonton tries to get their clients.
To come to an agreement without having the judge decide. Because if the judge decides, that word is final. And if both people come to an agreement. They can always change things at a later date.
If they find that things are not working. However, if they are completely unable to agree. Then a stranger will be making the decision for them. Each is never in a families in best interest.
However, divorce lawyer Edmonton says sometimes the relationship. Has eroded to the point where to people. No longer discuss things in a civil manner. Which is why the marital breakdown has happened.
And why the judge typically has to make a decision for both parties. If people would like help with their divorce, or if they are thinking of filing. At the court of Queen’s bench, and need help. They can contact eLaw alliance.
They are located conveniently in Edmonton. And their first one hour consultation is absolutely free. They will be more than happy to help people. Get to the resolution that they need, with or without court.
Divorce lawyer Edmonton | Helping People Understand Court Of Queen’s Bench
When people are getting a legal divorce says divorce lawyer Edmonton. They will be filing and appearing. In the court of Queen’s bench, the federal authority in Canada.
Any family matters can be decided on by a provincial court. Except for a marriage, which can only be done. By the federal court, while all other family law matters. Such as spousal support, parenting matters and child support.
Can be dealt with provincially. Specifically divorce, and the division of marital property. Must be done by this federal court of Queen’s bench. However, before a married couple can file at this federal level of court.
If they are married, and there are children involved. And they are divorcing, they both need to take. What is called the parenting after separation course says divorce lawyer. This is free, and available online.
And it helps parents understand. Their rights, as well as their obligations. Not just the obligation to the other spouse. But the obligations to their children as well. Their children can also have legal representation.
If they are old enough, and the child feels as though. Their voice is not being listened to buy either parent. This legal representation will be appointed by the court. And will ensure that child’s wishes will be listened to.
When people are filing for a divorce with the court of Queen’s bench. They are going to need to put together their paperwork. Including an affidavit according to a divorce lawyer. This is part of the application.
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And something that they are going to have to file at the courthouse. In order to get their matter before a judge. It starts with an application. That essentially summarizes what they are trying to accomplish by filing with the court of Queen’s bench.
What often accompanies the claim, also known as the summary. Is the affidavit according to divorce lawyer Edmonton. Which is a sworn document. That a person rights in their own words. It must be factual, and is essentially.
The story of what they want the judge to know. It is essentially what they would say to the judge. If they are standing directly in front of them. It will be entered into court records says divorce lawyer Edmonton. And will be considered the basis for the claim.
Next, if they are applying for spousal support, or child support. Both people will receive a request to disclose financial documents. This is requested by the court of Queen’s bench says divorce lawyer Edmonton. And as required by law.
Not just to disclose this documentation with the court. But also disclose it to their ex-spouse as well. This is how child support and spousal support will be calculated. Failure to disclose this information will result in.
The judge assessing child support or spousal support payments. Whatever they think is adequate. Based on any information they decide. Such as what they think the spouse is making. Based on their job description, or anecdotal evidence.