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Surviving Your Divorce A Guide to Canadian Family Law

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Country of Publication: United States
Table of Content:
Acknowledgements x Author s Note xi Introduction to the 5th Edition 1 Chapter Taking A Look at Ourselves Th e Emotional Stages of Marriage Breakdown 11 Some Observations on Marriage 13 Emotional Stages 14 Marriage Counselling Getting Help to Cope 19 Why Did Th is Happen The Causes of Divorce 20 Transition People Cause or Casualty 21 To Sum Up 22 Chapter 2 Taking A Look At Lawyers Take Charge of the Relationship 23 Family Law Lawyers A Special Breed 24 Finding A Lawyer 24 The Ideal Family Law Lawyer 25 The "Rights" Movements 26 Confl icts of Interest 27 Family Law and Legal Aid 27 The Retainer or What Everyone Else Calls a Contract 28 Confidentiality 30 The First Interview with Your Lawyer 31 If You are Dissatisfied with Your Lawyer 32 Firing Your Lawyer 35 What to Do When You Are Unhappy about Your Lawyer s Bill 37 To Sum Up 38 Chapter 3 Taking a Look at the Process Understanding Family Law and the Legal System 40 The Legal System 42 Onus of Proof 43 Family Law and the Courts 43 The Rules of Court 47 To Sum Up 56 Chapter 4 Getting a Divorce Dissolving the Marriage Vows 58 Grounds for Divorce 59 Reconciliation Hey Sometimes It Happens 63 Th e Procedure for a Divorce 64 Uncontested Divorces 66 Urgently Needed Divorce 66 Joint Application for Divorce 67 Contested Divorces 67 Bars to Divorce 68 Marriages of Convenience 69 Legal Fees for Divorce 70 To Sum Up 71 Chapter 5 Dividing Th e Family s Property Get Your Fair Share from the Marriage Partnership 73 Time Limitations Waiting Can Cost you Your Rights 75 What Is "Property" 75 What Is Debt 76 Financial Statements 77 Value of Assets and Liabilities 78 How Is Value Determined 79 What Is not Divided Exempt Property 81 Date of Valuation 83 Unequal Division of Property Values 83 Th e Matrimonial Home 84 Pensions 85 Canada Pension Plan CPP 88 Paying an Amount to Resolve Property 89 Some Tax Considerations 89 To Sum Up 92 Chapter 6 Obligations to the Children of a Divorce Every Parent s Top Priority 94 Custody and Access Understanding Terminology 95 Who Is a Child 98 How Is Custody Determined 100 Help from Professionals When Determining Custody 105 Hotspots 106 Strategic Considerations 116 Paternity Agreements 122 What Will We Tell the Children 122 A Warning 130 To Sum Up 130 Chapter 7 Support Financial Assistance aft er Separation 133 Child Support 135 Who Is a Parent 139 Who Is a Child 140 Spousal Support 149 Parental Support 158 To Sum Up 159 Chapter 8 Common-Law Spouses Have Rights too Just Not the Same as Married Couples 162 The Meaning of "Common Law" 162 Children in Common-Law Relationships 164 Spousal Support 164 Property Division for Common-Law Couples 166 Federal Legislation 171 Cohabitation Agreements 171 Obtain Legal Advice 171 To Sum Up 172 Chapter 9 Settling Your Diff erences Avoiding the Courtroom 174 1. Off ers to Settle 176 2. Minutes of Settlement 178 3. Orders on Consent 179 4. Separation Agreements 179 5. Memorandum of Understanding 186 To Sum Up 187 Chapter 10 Not Settling Your Diff erences Going to Court 188 Th e Courtroom 190 Th e Paper Chase 192 Th e Trial Itself 192 Appeals 199 Conclusion 200 Chapter 11 Alternatives to Court Mediation Arbitration and Collaborative Family Law 202 Mediation 203 Arbitration 210 Mediation Arbitration 210 Religious Arbitration 211 Collaborative Family Law 212 Strategic Considerations for Alternatives to the Court 213 To Sum Up 214 Chapter 12 Enforcing Family Law Orders Mak...
Edition Number: 5th Revised edition
Publication Date: 2012-09-25
ISBN: 9781118083963
Product Dimension (W x H x D): 150 x 250 x 15 (mm)
Product Weight: 666 Grams
Format: Paperback / Softback
Pages: 320
Audience Readership: General US Trade
Dewey Classification: 346.7102
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Surviving Your Divorce A Guide to Canadian Family Law
When people are going through the emotional trauma of separation and divorce they turn to Canada s best-selling guide to family law "Surviving Your Divorce". In it family law expert Michael G. Cochrane LL.B. answers questions such as What are my rights What will happen to the children How much does divorce cost "Surviving Your Divorce" is a non-technical book that explains the legal options available to married common-law and same-sex couples going through separation or divorce. This popular guide covers child custody division of property support domestic violence the rights of common-law couples and much more provides tips and strategies to help you negotiate separation and divorce with your lawyer potentially saving a lot of time and money includes real-life stories that illustrate the application of family law includes samples of key legal and financial documents a comprehensive resource section and a glossary of legal terms. Be prepared for the process of divorcing. You can help your lawyer by knowing what questions to ask and what steps are involved. Considering self-representation An entirely new chapter shows you how to build a framework for your case the same way lawyers do with 50 tips on how to handle court appearances and more. "This readable informative book is packed with all the information necessary to make informed decisions about marriage and divorce agreements. Cochrane has taken pains to describe just about every legal pitfall and divorce experience imaginable". Calgary Herald . "This book is not intended to convince you to go it alone without a lawyer. It s designed rather to help you know what to expect...This is a book full of common-sense advice delivered in plain talk". "The Gazette Montreal " . This title features money- and anxiety-saving strategies how to help your lawyer help you what not to do when going through divorce secrets tactics and strategies used by lawyers and how to represent yourself in court.
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