Family law in Canada is controlled by federal and provincial laws (statutes and case law) that address family-related legal matters such as marriage, separation and divorce, custody and access, child protection, property distribution, support, and adoption. Financial negotiations, inheritance difficulties, and the writing and interpretation of prenuptial and separation agreements are all common topics in affordable family law firm in toronto.
Largely statute-based, family law is substantially codified within legislation like the federal Divorce Act, which applies to married people residing in Canada. Problems like as the partition of family property, child safety, and custody and support issues between unmarried persons are handled by regulations that differ by province.
Family lawyers represent clients in court and during settlement discussions, and they draft prenuptial, separation, divorce, and custody agreements as needed. Family lawyers are trained to resolve disagreements between parties using a variety of dispute-resolution processes, such as litigation (bringing an issue to court and requesting a judge to rule) and negotiating with opposing counsel. Some lawyers have also received mediation training (assisting the parties, in a non-partisan manner, to reach agreements on the issues).
Some Canadian family lawyers have acquired training in Collaborative Family Law in recent years. Collaborative Family Law is a process in which the parties and their attorneys make a formal commitment to resolve the issue using an interest-based paradigm rather than a litigation one. Customers hire lawyers to help them reach a settlement, but if the process fails, the lawyer must resign from the case. The collaborative process is based on ethical negotiation strategies.
A family lawyer frequently assists clients during the most difficult period of their lives. Clients’ emotions tend to run high in the midst of family legal problems, especially in cases of physical abuse or infidelity. A qualified family lawyer possesses not just substantial legal knowledge but also great “people skills” and the ability to assist clients in navigating the difficult legal realities of shifting families.