- What is Family Law?
Family law is about the rights and duties within families. In Canada, the two main sources of family law are federal and provincial law. For example, the Divorce Act is federal law; the Family Law Act, provincial law. Family law includes the law applying to children, and to the legal relationships and responsibilities that adults have toward children. Family law includes adoptions, care and protection of children and it also covers intimate relationships where there is no marriage.
- Do I need a lawyer to get divorced?
The simple answer is no. However, it's always best to consult with a lawyer to make sure of your rights and obligations, especially if there are children involved. A lawyer will be able to counsel you and help you make informed decisions.
- My common-law partner and I are splitting up. Do we need to use a lawyer?
The laws regarding non-married couples vary in each province. A family lawyer experienced with the law in your region can help you with many issues such as property division, obligations for support, and guardianship/custody of children.
- Do I need a lawyer to make my will?
There are many advantages to using a lawyer to make up your will. Lawyers have the expertise that you need to call upon in such matters as tax consequences, trusts, and many other issues. Also, even simple wills need to be worded very carefully so that what you intend comes to pass. Lawyers are very skilled in these areas.
- Do I need a lawyer for family mediation?
No. But, you should have a lawyer for parts of it. Your attorney can make sure that your legal rights are being protected and when a final agreement is being written, an experienced lawyer can make sure that all matters are taken care of appropriately, and that the agreement treats you fairly.
- Why should I consult a lawyer in a simple family matter; for example, to be made a child's legal guardian?
Sometimes the facts may not be simple, and someone may want to oppose a guardianship application. In situations such as these you need professional help. Family lawyers are experienced at making these kinds of applications in court and in helping you understand your legal rights and obligations as you proceed.
