Breakdown of a personal relationship can be disheartening and overwhelming for anyone. Our experiences are often influenced by our gender. Men often have a unique experience when going through separation or divorce. Here are 10 common questions asked by men in family matters:
Answer: The three grounds for divorce according to the Divorce Act are: separation for a period of one year, adultery and cruelty. Most people tend to use the one-year separation route. The spouses must have lived separately and apart for no less than one year to obtain a Divorce Judgment, but the divorce action can be started at any time following separation prior to the expiry of one year.
Answer: Yes, it is possible to get a divorce without the consent of your spouse as long you can establish one of the grounds for divorce:
i. living separate and apart for a year,
ii. cruelty, or
iii. adultery.
Answer: The amount of child support and spousal support payment varies depending on several factors. Factors to consider in spousal support calculation are: the financial means, needs and circumstances of both spouses, the length of time the spouses have lived together, the roles of each spouse during their marriage, the effect of those roles and the breakdown of the marriage on both spouses’ current financial positions, the ongoing responsibilities for care of the children, and any previous orders, agreements or arrangements already made about spousal support. Spousal Support Advisory Guidelines set out formulas for suggested quantum and determination of spousal support. Although they are not binding, Alberta Courts are more and more tending to order spousal support in amounts as determined using the Spousal Support Advisory Guidelines calculations.
The factors considered during child support calculation are income of both parents, needs of the children, the children’s standard of living before divorce or separation, age of the children, the family structure and the current parenting arrangement. The Federal Child Support Guideline is a mandatory legislated tool used to determine child support amounts, both in terms of basic support and contribution by the parents to extra expenses for the children (which are called section 7 expenses).
Answer: Adultery does not have any impact on spousal support calculation. While pursuant to the Divorce Act, the breakdown of a marriage can be established by adultery, spousal support entitlement or amount, are not at all affected by adultery.
Answer: If the financial disclosure is incomplete, the pre-nuptial agreement could be held unenforceable and/or unconscionable later. Full financial disclosure is necessary to safeguard a pre-nuptial agreement from judicial intervention.
Answer: If the EPO prohibits you from contacting your ex-girlfriend but not your children, you may be able to obtain a court order to visit your children by bringing a parenting application. For any questions regarding parenting application while an EPO is in place, please contact us.
Answer: An Order of Discharge does not release the bankrupt from spousal or child support obligations. However, it will impact the bankrupt’s claims for the division of matrimonial property. For more information about the role bankruptcy could play in your family matter, do not hesitate to contact our Calgary divorce lawyers or a bankruptcy trustee.
Answer: Spousal support is usually paid to help the lower-income spouse regardless of his/her gender. Income is one of the several factors considered in spousal support calculations and sometimes the woman pays spousal support.
Answer: To relocate with your daughter, you will likely have to bring a mobility application. The court will consider all the factors related to the best interest of the child and ensuring maximum possible contact with the child and the parents to the extent that such contact is in the child’s best interests. For more information about mobility applications, contact us.
Answer: You may apply to the Court to decrease your child support payment at any time that there is a material decrease to your Guideline Income. You should not automatically reduce ordered child support payments without the consent of the recipient, and it is advised that for any reduction to child support payments, a Consent Variation Order is obtained. You should notify the recipient parent of any material changes to your income at the time such change occurs – do not delay. For any questions regarding the variation of your support obligations, contact us.
When it comes to your divorce, you’re bound to have a lot of questions. They say that ‘there is no such thing as a dumb question’ and that is especially true when it comes to your legal rights and responsibilities.