Are you looking for a family lawyer in Hamilton? Are you currently facing the difficult situation of contemplating a separation or a divorce?
Do you need assistance with guardianship or are you in need of a comprehensive agreement to address cohabitation or future marriage?
We can connect you with Hamilton’s separation lawyers who are here to assist you with your family law concerns regardless of what they may be.
Our company can connect you with law firms that have earned a reputation for providing comprehensive assistance to those in need of Hamilton family law support.
We recognize that it is often in your best interests to pursue methods of alternative dispute resolution. This will include mediation or arbitration.
Further, this can work well when you have an ongoing conflict with a family member.
Where possible, our top lawyers use these methods to achieve an agreement without you having to go to court.
If an agreement cannot be reached outside of court, one of our dedicated Hamilton family lawyers will be available to coach you through self-representation.
Further, they can provide you thorough representation through all court proceedings. Regardless of what you require in terms of family law support, the lawyers will assist you with all of your needs.
Book a Consultation With a Family Lawyer Hamilton
If you have never seen a lawyer before we realize the process can be intimidating. We want you to feel comfortable. Further, you should meet one of the lawyers prior to committing to having them represent you.
The lawyers offer a no-obligation one-hour consultation.
As your case unfolds throughout the courts, your Hamilton family lawyer is there to advise you. They can explain what to anticipate and help you navigate various obstacles that can emerge.
When you have questions, your Hamilton family lawyer is there to advise you. Also, they will tell you the different choices available to you and the possible impacts they could have on your case.
When to Retain a Law Firm
As soon as you believe that you may have grounds for a legal case, or if you believe that your other partner is intending to file on their own, you need to schedule a consultation with a Hamilton family lawyer who can advise you about what to do next.
You deserve to have someone in your corner who is advocating for your best interests.
In your hunt for family law lawyers in Hamilton, spend time during your initial consultation to ask questions and better understand the steps, time, and finances involved.
With a personal case managed by a talented child custody lawyer in Hamilton, you can focus on the future.
Some religions have barriers that divorcing spouses must overcome before they are able to get remarried.
The most common example is a “get” in the Jewish faith, which requires the parties to obtain a divorce granted by a rabbinical court before they can remarry.
The get releases them from the religious bonds of marriage. In order to get remarried, a member of the Jewish faith would require both a legal divorce and a get.
Have questions about religion and divorce in Canada? Read on…
Religion and Divorce In Canada
In the case of a get, and other religious barriers, the spouses must both consent to obtain the get. So what happens if one party refuses to consent to the religious divorce, thereby preventing the other party from getting remarried?
Section 21.1 of the Divorce Act addresses this issue. Section 21.1(2) and 21.1(3) state that in the event a spouse refuses (despite requests) to consent to the removal of a religious barrier the other spouse may bring a motion before the court requesting that the court dismiss the refusing spouse’s application or strike out any portion of a pleading or affidavit filed by a spouse.
If a spouse’s application is dismissed, they are open to bringing their claim before the court again, but only after they have done their part to remove the religious barrier.
Barriers to religious marriage can also become an issue in relation to domestic contracts.
If spouses come to an agreement to settle their matter out of court, they will likely want to include as part of their separation agreement that both spouses will consent to the removal of religious barriers.
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If this is part of the contract, the court can enforce the contract and also order damages against a spouse who refuses to abide by the contract and provide their consent to the removal of a religious barrier.
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In Marcovitz v. Bruker, 2007 SCC 54, the Supreme Court of Canada upheld the decision of a Quebec trial judge to award damages to a wife whose husband agreed in a domestic contract to give the get but then refused to follow through for 15 years.
In addition, if it is found that a spouse coerces another spouse to sign a domestic contract by refusing to consent to the removal of a barrier unless the spouse signed the contract, the contract can be set aside.
These legal options only apply if the barrier can be removed by the consent of the parties. Is the religious figure is the only one with the power to remove the barrier?
Then the procedure under the divorce act does not apply. Have questions about the removal of a religious barrier and how it plays into your divorce?
Religion And Divorce In Canada Services
- Legal advice
- Alternative dispute resolution
- Help with restraining orders
- Property division
- Family property issues
- Spousal support
- Help with common law disputes
- Separation agreements
- Marriage agreements
- Custody agreements
Changes in Divorce Court
41% of divorces in Canada are now ending in divorce. Regardless of which religion, it is becoming a socially acceptable norm. Some courts are starting to force couples into mediation. Mediation is often voluntary, which sometimes moves into the court system or arbitration.
The family court system is under pressure from media and activist groups. They are being asked to find a more fair system. People in Alberta have complained that delays are too long. They have to wait up to a year to get in front of a family law judge.
We suggest the largest change in the Canadian divorce courts will be alternative dispute resolution (ABR.) This is the best alternative to litigation. Further, ABR consists of mediation and arbitration.
The best family lawyers are pushing their clients to avoid two-day trials that cost on average around $40,000. Mediation and arbitration are much cheaper.
Mediation also often revolves around five months faster than litigation. You can also watch divorce videos.
One hotel chain in Sweden is convinced that a mini holiday away together can solve a couple’s relationship issues.
This hotel offers a refund if you get divorced after a stay. You must get divorced within a year of taking a holiday at one of their hotels. Countryside hotels is the name of the hotel offering the relationship guarantee!
Hotel Offers Refund if You Get Divorced After Stay
In order to qualify, the couple must be legally married, stay in the same room, and use the reservation code “relationsgaranti” when booking the vacation.
Once you qualify, if you take the vacation and separate within one year you can submit your divorce papers to Countryside Hotels to receive a refund up to two nights of your stay.
One tricky stipulation is that your divorce must also be completed and your order from the court granted within the year time limit.
In Canada, couples must be separated for a year before having the standing to apply for a divorce.
So, if you wanted to take advantage of the refund and lived in Canada, you would have to be already separated from your spouse prior to taking the vacation in order to be able to obtain a divorce order within a year of your vacation date.
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Spouses will often resolve all outstanding issues before proceeding with the divorce order. It may be difficult to finalize everything and have your divorce granted in the one-year timeline.
If you and your spouse are in full agreement on the issues it may be possible.
It is difficult to ensure that the year timeline is met. Trying to come to a resolution on all of the issues associated with divorce takes time. These include custody and access, property division, spousal support, and child support.
The idea of a separated couple heading for divorce taking a mini-vacation together may seem odd to some.
The hotel chain is offering a refund in hopes a mini vacation will help bring couples closer together. The vacation will give them time to work on their relationship.
It is hoping to save some couples from separating altogether.
Some food for thought when it comes to couples considering separation. If you have questions about your legal rights when it comes to separation and divorce, we can connect you with a Hamilton law firm.
Author: Alistair Vigier is the CEO of ClearWay Law