Legal Question in Family Law in Canada
Hi
I am Madelaine hoyos and my husband Jaison Saddler both with Canadians citizen ship
we were married by the Catholic Church outside of Canada and we want to separate by mutual agreement, he wants to give me full custody of the daughter ,we also decide for me to stay in the house that we are paying at the moment to the bank.
I will stayed with the cars that are under my name and I am paying for them. To have this agreement Jason Saddler will recive 12.000 dollars which we both agree . we both agree to simplifies this divorce .
which form i need to buy and where government entity Canadian need to present this to be official and at what is the cost if I decide to take the services of your enterprise.
1 Answer from Attorneys
You need to see a lawyer; a divorce & custody situation such as yours is far more complex than simply filing a form. Further you should be aware that divorce by consent order is not possible in Canada; while you may both agree, evidence must still be presented and a judge convinced. One of you must have been actually resident in a Canadian Province for not less than one yer prior to actually getting a divorce although you may begin the process before that. Also, you are not permitted to bargain away child support; child support is a rigth of the child(ren) and not of the parent with custody. The Government "entity" you need to involve is a superior court in the province one of you has resided in. Citizenship has nothing to do with the issue; what counts is residence. If you are thinking only of a separation agreement without formally ending the marriage, then a formal separation agreement is normally drafted by a lawyer, and assuming both of you cooperate in that you both provide complete and full financial disclosure of all assets, incomes and debt, (including full copies with all attachments) of your income tax returns for the last 3 years (as required in British Columbia) then the cost is usually somewhere between $1500 and $2000 (for the separastion agreement). This is for the party haveing the agreement prepared; the other party should obtain independent legal advice on the agreement at his/her own expense.