Divorce Lawyer Edmonton | What Is Court Of Queens Bench
If people are dealing with parent till or spousal matters says divorce lawyer Edmonton. They may be going through the courts of Queen’s bench. Or they may be going through the provincial court system.
There are some differences between the two. Essentially, provincial court typically deals. With things like child support matters, and spousal support matters.
But, they do not actually deal with anything. Specifically relating to divorce. Therefore, if people are getting a divorce. Or contesting and discussing. Terms of said divorce.
Divorce lawyer Edmonton says they must be going through the court of Queen’s bench. Also known as federal court. While the provincial court deals with more family law matters. And common-law partners.
Both courts actually have some overlap. As both provincial and federal court. Can deal with child support, parenting matters. As well as spousal support.
There are also two acts, that deal with these matters. That have all of the laws, and rules. Governing these issues. There is the family Law act. Which is mostly dealt with in provincial court.
Where it deals with a common-law relationship ending. If there are children in that relationship. Access matters, child support matters. And matters relating to when a child comes out of a knot and common-law relationship.
And then, divorce lawyer Edmonton says there is the divorce act. Which specifically deals with untying the marital not. Which is a specific legal entity unto itself. And can only be dealt with by the federal government.
Things like the division of marital property. Must be decided at the higher court. And while there are some procedural differences. Between the court of Queen’s bench. And the provincial court.
They are similar in the matter that people appear in a courtroom. There is a judge that hears the matters. People can represent themselves. Or be represented by a lawyer.
And hearing evidence, the judge will have all of the power. To make the final decisions. Since court is going to be procedurally the same. People can make the decision. About what court they make their application to.
Unless they are dealing specifically with ending. A marriage, or matters pertaining to that marriage. Before a person can go to the court to file their matter. Whether it is about ending their relationship.
Asking for child support, spousal support. Or contesting or creating parental agreements. They must have their paperwork in order. The first thing that they must do, is fill out a form.
About why they are appearing before the courts. They must then have evidence. Such as an agreement that they have come to. Any evidence they have pertaining to their matter.
As well, they must have an affidavit. Which is in their words, and must be factual. Why they are appearing before the courts. This often is there version or their story.
And what they would be saying to a judge. If they were speaking to them in person. Once they have all of their paperwork together. Including their affidavit. They can then file in the courts.
Divorce Lawyer Edmonton | Understanding What Court Of Queens Bench Is
If people are ending a relationship, a marriage, or dealing with matters with their children says divorce lawyer Edmonton. They will be appearing in a provincial court, or a federal court.
The federal court is called the court of Queen’s bench. And either provincial or federal court. Can both deal with. Some of the same matters. Such as child support, parenting matters. As well as spousal support.
However, when it comes to marriage specifically. Only this can be handled by the court of Queen’s bench. Because provincial law, has no jurisdiction. Over the divorce act. And the laws governing divorce.
Typically, if people are in a common-law a relationship. With or without children, and the relationship is ending. They will have their matter heard in a provincial court. However, they may choose to file.
In the court of Queen’s bench, to have their matter heard. In a federal court of law. However, if people decide to do this. They must be aware, that it does have a filing fee. That the provincial court does not have.
In order to file, they must have their paperwork in order. Which will include a form, that may be several pages. About their specific matter. Such as filing for divorce. Dealing with child support matters.
Dealing with parental matters, or spousal support scenarios. Regardless of what they are requesting. They must fill out this form. And then, complete what divorce lawyer Edmonton calls an affidavit.
An affidavit is basically a sworn document. Written in the person’s own words. About why they are making this application. To the courts, it will typically include why. They are making the application.
And how it has affected them. They must write factual information. That they will be asked to swear upon. To ensure that what they have said is all truthful. And before they can even apply in the courts.
If they are parents, whether they are married. Or common-law, the person making the filing. Must have completed the parenting after separation course. Which is a free course offered online.
In forming parents, how certain matters, must be dealt with. In fact, divorce lawyer Edmonton says some parents. No longer need to file, after completing the course. The parent who is applying.
Must complete the course. Before they file their application. However, in order for the matter to go before the judge. Both parents must have completed this requirement.
As well, both parties. Will be asked to disclose their financial information. Once the application has gone through. This is mandatory by law. Whether people are having their matter heard.
Any provincial courts, or a court of Queen’s bench. While going to court, is often nerve-racking for most. And a last resort for many. By getting great legal advice. And going through the court system properly.
Many couples, and parents. Who are ending their relationship. Can do so in a dignified manner. So that they end the relationship. And are able to move on with their life.