Divorce Lawyer Edmonton | Facts of Court of King’s Bench
Many people are unaware of the legal system, says divorce lawyer Edmonton expert, Janan Jarrah of eLaw Alliance. That is, until they are within the system, and they have a lot of gaps in knowledge, and need to learn quickly.
This article can help people understand what the Court of King’s Bench is, and under what circumstances they may find themselves needing to appear before a judge here.
The Court of King’s Bench is called so, out of respect for the currently reining monarch. While Canada is a democracy, it is part of the British Commonwealth, and monarchs play a role, ceremonially within Canada’s justice system. Justice here, is said to be carried out in their name as the fount of justice. It’s also interesting to note, says divorce Lawyer Edmonton Jarrah, that during the rule of a king in England, the court is known as the Court of King’s Bench. And when a queen sits on the throne, it will be called the Court of Queen’s Bench, to reflect the current monarch.
This court is also the superior court in Alberta, as it is with many various jurisdictions throughout the Commonwealth countries, that is, those countries within the Commonwealth of Nations. There are 15 Commonwealth realms throughout the world, including, but not limited to Australia, Bahama, Belize, Grenada, Jamaica, New Zealand and the United Kingdom. It acts as the superior trial court for only a handful of Canadian provinces, including Alberta. The other provinces it is the superior court in are Saskatchewan, Manitoba and New Brunswick.
In the other provinces in Canada including British Columbia, Quebec and Ontario, divorce lawyer Edmonton, Jarrah says they have Superior Court Justices. They handle criminal, civil and family cases, and are some of the busiest trail courts throughout the world. Governing both the Superior Courts and the Courts of King’s Bench is the Supreme Court of Canada. Therefore, either court is the highest legal jurisdiction in the province. While they have the final say in legal matters within the province, they speak for the highest authority in Canada, and only the Supreme Court of Canada has more authority.
However, that will not help people understand the differences between Court of King’s Bench and Provincial Court. Janan Jarrah, expert divorce lawyer Edmonton explains. The Provincial Court hears cases about provincial laws. While the Court of King’s Bench is the Superior Trial Court, hearing civil and criminal matters as well as appeals from Provincial Court. Therefore, if you are appearing in court to dispute a traffic ticket, you will be going to Provincial Court. And if you have been charged with a crime, you will be going to Court of King’s Bench.
Divorce Lawyer Edmonton | Marriage Is A Legal Entity
However, when it comes to family law, it’s not such a simple explanation, divorce lawyer Edmonton Jarrah explains. A divorce is a specific, legal agreement that two people of legal age enter into. Permission to marry must be granted by Canada’s highest authority. It grants each partner specific and legal rights as well as obligations, such as Dower Rights, which gives a married person the right to occupy the home and use the home’s contents, even if the home and contents are not in their name. If a couple divorces, and the home and possessions are only in one spouse’s name, Dower Rights gives legal rights and obligations to split the home and contents equally between the two.
Since marriage is a legal process that requires the highest authority in Canada, the acting head of state, the current monarch. Undoing the marriage by divorce can only be granted by the same authority. Therefore, divorcing couples will be required to appear, or have their lawyer appear in the Court of King’s bench while in Alberta, to obtain their divorce. While many people may mistakenly believe that they cannot possibly appear in the highest court without a lawyer, it is possible, says divorce lawyer Edmonton expert, Janan Jarrah, of eLaw Alliance in Edmonton.
Do You Need A Lawyer
Simple or uncontested divorces don’t need lawyers. However, if your divorce is complex or your ex spouse is argumentative, hiring an expert professional to help you is never a bad idea, whether you’re hiring a divorce lawyer Edmonton or getting mediation. That being said, some of the confusion between the two courts when it comes to other avenues of family law. Only the legal entity of marriage must be obtained in the Court of King’s Bench. All other aspects of your family law matters may be handled by the provincial courts, including division of property other than the marital home.
Spousal support, or alimony, child support, child access and more can all be dealt with at the provincial level. Whether people are thinking of divorce, and are exploring options like separation, and understanding their rights. Or if they are divorcing, and need to find their own lawyer, finding someone you can trust, confide in, and someone who will advocate for you is important. Hiring a great divorce lawyer Edmonton will help you know that you are getting correct and accurate advice, no matter how simple or complex your situation is.
Please keep in mind, however, if you are going on your own, take note of important legal services you can access for free, such as the Elizabeth Fry Society, Duty Counsel and more. Finally, if you decide at any point you would like a lawyer, it is never too late to find the right one for you, they will be legally allowed at any point to start working for you, your family and your rights.