Did You Know?

Family law, like other forms of law, is not black and white. And yet, the popular media like to treat it as such, which leads to the development of what could be called urban legal myths. So test your knowledge with our Did You Know list. Please note, the facts presented should not be used to formulate your personal legal approach or be construed as legal advice. In the real world, the only legal advice you should accept is from a lawyer who is familiar with your issues and understands your objectives.

Did You Know? Spousal support is discretionary both in terms of how much is to be paid and for low long. It is not legislated like child support.

Did You Know? Just because you have custody of your children does not mean that you can make unilateral decisions regarding major issues such as health and education of the children without notifying or consulting with the other parent.

Did You Know? The court will, in appropriate cases, take into account the wishes of the children in determining the custody and access arrangements.

Did You Know? If you receive a gift from a third party or an inheritance during the course of your marriage, that asset may be excluded from equalization of property.

Did You Know? There is no automatic “cut-off” date for how long spousal support is to be paid. It depends on many factors including length of the marriage.

Did You Know? If you brought assets into the marriage, other than your matrimonial home, the value of those assets may not be subject to equalization.

Did You Know? You can be barred by the passage of time from making a claim for spousal support if you do not start a court proceeding within two years after the date of your separation:

Did You Know: You can be barred by the passage of time from making a claim for division of property (or equalization) under the Family Law Act if you do not start a court proceeding within six years from the date of your separation, or two years from the date your divorce was granted?

Did You Know? If you live common law, you do not have an automatic right to half of your partner's assets, no matter how long you've lived together.

Did You Know? If your spouse is not paying child support, he or she does not automatically give up his or her right to see the children.

Did You Know? All property is subject to equalization, even assets that are not immediately available to you such as pensions and locked in RRSPs,

Did You Know? Child support does not automatically stop when a child turns 18 years of age.

Did You Know? You may have to pay child support even if you are not the child's biological parent.

Did You Know? The amount of child support paid is subject to adjustment annually based on the increase (or decrease) of the income of the payor.

Did You Know? Your former spouse's remarriage does not change your obligation to pay child support, even if he or she marries someone very wealthy.

Did You Know? Child support is legislated and is based on the income of the payor. In many cases, the income of the parent receiving child support does not matter.

Did You Know? In determining a parent's income for the purpose of child support, all income is taken into account, including overtime, bonuses, benefits, and in some cases stock options and capital gains.

Did You Know? One lawyer cannot represent both parties in a divorce proceeding.

Did You Know? Marriage contracts and prenuptial agreements are not just for the wealthy. They should be considered particularly by persons who were previously married, or those who have acquired assets or have an interest in a family business.

Did You Know? You cannot stop your spouse from obtaining a divorce.

Did You Know? You do not have to wait for a year before starting divorce proceedings.

Did You Know? The majority of divorces do not go to trial. They are resolved by agreement of the parties. Your lawyer can help you determine whether in your circumstances, negotiation, mediation or arbitration are appropriate alternatives to going to court.

Did You Know? The amount of spousal support may change in the future if there is a material change in the circumstances of either spouse, such as disability, retirement etc.

Did You Know? You do not have to wait until your spouse retires to get your share of his or her pension.

Did You Know? If you move out of the matrimonial home, you do not give up your right to your share of the property.

Did You Know? You do not have the right to change the locks just because your spouse has left the matrimonial home.

Did You Know? Joint custody does not automatically mean the children will live “half-time” with each parent.

Did You Know? In most cases you will not be able to prevent your children from meeting or spending time with your spouse's new partner.

Did You Know? Quitting your job is not a sure way to avoid child support payments.

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