Divorce Decoded: Surrey Lawyers Explain the Process

Understanding Legal Grounds for Divorce in Surrey


Understanding the legal grounds for divorce in Surrey can seem like a maze of legalese and paperwork, aint that the truth? Get more details Personalized service from divorce lawyers in Surrey, British Columbia here. But, local lawyers are stepping in to decode the process, making it a tad easier for folks to navigate these choppy waters.


First off, you gotta know that in England and Wales, the law states that theres fundamentally one ground for divorce: that the marriage has irretrievably broken down. Now, how do you prove this? Well, there are five reasons you can use to demonstrate the breakdown.


Adultery, my friends, is one of em.

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Its when your spouse has had a bit of a wander, romantically speaking, with someone else. But, heres the kicker – you cant use adultery as grounds if youve lived together for more than six months after finding out.


Unreasonable behaviour, oh boy, thats a broad one! Divorce settlements It includes a whole buffet of bad behaviours, from abuse to gettin a bit too cozy with the bottle.

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You just need to show that living with your spouse is intolerable.


Desertions a bit of an old-fashioned term, isnt it? Family law consultation services If your partners gone off the grid for a continuous period of two years, you can use that as a reason. Sort of like theyve gone for milk and never came back!


Then weve got the two-year separation with consent. Its when both of you agree that things havent been tickety-boo for at least two years. Its a sort of amicable, "lets call it quits," situation.


Finally, if youve been apart for five years, you can apply for a divorce even without the other half's consent.

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Its the long haul approach, but its there if you need it.


Now, lets not forget (though we often wish we could), the nitty-gritty of the legal process in Surrey requires paperwork, and heaps of it! Parenting lawyer Forms, evidence, and a bit of back-and-forth with the courts. But dont fret! Surrey lawyers are equipped to guide you through each step, ensuring you understand every jot and tittle.


So, there you have it! Divorce aint a walk in the park, and the reasons for it can be as varied as the people involved. But with a solid grasp of the legal grounds and a good solicitor by your side, youll navigate through it. And who knows, at the end of it all, a fresh start could be just what the doctor ordered!

Navigating Child Custody and Support Agreements


When it comes to the gritty reality of divorce, few things are as complex and emotionally charged as figuring out child custody and support agreements. Surrey lawyers often have their hands full, guiding clients through this delicate process. Child protection lawyer Its no walk in the park, but with the right legal advice, it can be navigated with a bit less stress (although, lets be honest, its never gonna be stress-free).


First off, youve got to understand that when it comes to custody, its not about what you or your ex want; its about the kids! The courts gonna look at whats best for them, and no, its not a one-size-fits-all situation. Family law legal fees There are different types of custody arrangements, like joint custody or sole custody, and they all have their own nuances (yeah, its a lot to take in).


Then theres child support – a whole other ball game!

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Its not just about slapping a monthly payment on the non-custodial parent and calling it a day.

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Surrey lawyers will tell you that the amount of support is calculated based on a bunch of factors, like each parents income, the needs of the child, and so on.

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And guess what? These figures arent set in stone. They can change! If a parents financial situation takes a nosedive or skyrockets, those numbers can be adjusted.


Heres the thing, though – nothings ever simple in these cases.

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Affordable family lawyer You might think youve got it all figured out and then wham! Something changes, and youre back to square one. Its frustrating, to say the least. Mediation lawyer But hey, thats why lawyers exist, right? To help us wade through the legal muck.


Oh, and dont forget about the paperwork (so. much. paperwork.). Its a bureaucratic nightmare, but its gotta be done right or else youre looking at delays or, worse, a deal that doesnt actually reflect whats best for the children. Its critical not to rush through this stuff.


And heres an interjection for you – whoa!

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Dont even think about going through this process without some solid legal advice. Its like trying to navigate a maze blindfolded – just dont do it. Surrey lawyers who specialize in family law can be your eyes and ears, making sure you dont hit any dead ends.


In conclusion, navigating child custody and support agreements during a divorce is no joke! Its a legal and emotional labyrinth that requires patience, attention to detail, and a good lawyer by your side. Dont underestimate the complexity of these issues, and never lose sight of the fact that at the heart of all the legal jargon and paperwork are the well-being and future of your children. Theyre counting on you to get it right, and with the right help, you can (and hey, thats something worth celebrating!).

Dividing Assets and Debts: What to Expect


When youre facing a divorce, the thought of dividing up your life - all the assets and debts youve accumulated together - can be downright overwhelming! Divorce and family law Family law services Its a complex process, and no two divorces are alike. Here in Surrey, the lawyers youll meet often have their hands full explaining what to expect to their clients, and its a journey thats as unique as the individuals involved.


First off, its important to understand that not everythings gonna be split down the middle. Its not as simple as slicing a pie into equal parts (though wouldnt that be easier?). The law looks at a variety of factors, such as the length of the marriage, the contributions each partner made, and the future financial prospects of both parties.

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Its about fairness, not necessarily equality.


Now, you might think your vintage record collection is off-limits, but hold your horses! Everythings on the table – from the family home, cars, and savings, to pensions and yes, even debts. Thats right, debts arent left out of the picture. Whether its credit card balances or loans, theyve got to be dealt with too. And remember, if ones name is on a joint account, theyre likely responsible for it, even after saying "I dont" instead of "I do."


You cant forget about the legal fees either. They can add up pretty quick, and thats no small matter. Lawyers in Surrey will often suggest mediation as a less adversarial and costly alternative, but theres no guarantee thatll work for everyone. It all depends on how amicable the two parties are – or arent, as the case may be.


Ah, and the paperwork – theres a fair bit of it. It can be tedious and time-consuming, but its a necessary evil to ensure everythings accounted for. Whether youre combing through bank statements or assessing property values, details matter.


So, whats the bottom line? Well, patience is a virtue, and youll need plenty of it. The process can take months, or even years, depending on the complexity of your assets and the level of cooperation (or lack thereof) between you and your soon-to-be ex-spouse.


And lets not gloss over the emotional toll. Its tough, no doubt about it. Divorce isnt just about the numbers and legal jargon; its about people, feelings, and families. Surrey lawyers know this all too well, and the good ones will do their best to guide you through the process with empathy and understanding.


In the end, expect the unexpected. There will be bumps along the road, and its not always going to be a smooth ride. But with some solid legal advice and a bit of resilience, youll get through it. Just keep in mind that while the assets and debts are being divided, youre also laying the groundwork for a new chapter in your life – and thats something to look forward to, isnt it?

Post-Divorce Matters: Modifications and Enforcement


When you think youve crossed the finish line after a grueling divorce process, its not uncommon to find that the journey isnt quite over yet. Post-divorce matters, such as modifications and enforcement, often rear their heads when circumstances change or when parties dont adhere to the terms of the agreement. Surrey lawyers, with their expertise, are well-versed in navigating these choppy waters.


Lets dive in, shall we? Modifications can crop up for a number of reasons.

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Post-divorce lawyer Perhaps a parents income has changed significantly, or the needs of the children have evolved over time. In these instances, its not as simple as just agreeing on a new arrangement – the changes must be legally documented to ensure that theyre binding. (And, trust me, youll want to make sure theyre binding to avoid any future headaches!)


Enforcement is another beast altogether. Its one thing to have a court order; its another to have it followed to the letter. When an ex-spouse is neglecting their responsibilities, be it refusing to pay child support or consistently being late for visitation, action needs to be taken. Surrey lawyers can step in to ensure that the agreements made during the divorce are honored – and they dont take this lightly!


Oh, and if you thought this process would be straightforward, think again. It often involves a myriad of forms, negotiations, and sometimes, unfortunately, returning to court. It can be frustrating when youre dealing with an uncooperative ex-partner. But hey, thats what your lawyer is for – to shoulder some of that burden and guide you through the maze.


To sum it up, post-divorce matters are a complex dance of modifications and enforcement, requiring a keen eye on ever-changing life circumstances. (And, of course, the patience of a saint!) But dont let that get you down – with the right legal counsel, you can navigate these issues and find a path to resolution. Just dont forget, amidst all the legal jargon and paperwork, to take a breath and remember: this too shall pass!

Surrey Family Law Attorneys

Entity Name Description Source
Surrey Surrey is a city located in the province of British Columbia, Canada. Source
Child support Child support refers to financial contributions made by a non-custodial parent to assist with the costs of raising their child. Source
Family law Family law is a branch of law that deals with family-related issues and domestic relations. Source
Alimony Alimony is a financial support that one spouse may be required to pay to the other after separation or divorce. Source
Common-law marriage Common-law marriage refers to a type of partnership in which a couple is considered legally married without having formalized their relationship through a wedding ceremony. Source
Child custody Child custody refers to the legal arrangement regarding who has the responsibility for the care and control of a child, often determined in cases of divorce or separation. Source
Legal separation Legal separation is a legal process where a married couple formalizes their separation while remaining legally married. Source
Cohabitation Cohabitation is a living arrangement where two individuals live together in an intimate relationship without being married. Source
Power of attorney Power of attorney is a legal document that allows one person to act on another's behalf in legal or financial matters. Source

Child Support Lawyers Surrey

Surrey (/ˈsɝɹi/) is a city in British Columbia, Canada. It is located south of the Fraser River on the Canada–United States border. It is a member municipality of the Metro Vancouver regional district and metropolitan area. Mainly a suburban city, Surrey is the province's second-largest by population after Vancouver and the third-largest by area after Abbotsford and Prince George. Seven neighbourhoods in Surrey are designated town centres: Cloverdale, Fleetwood, Guildford, Newton, South Surrey, and City Centre encompassed by Whalley.

Citations and other links

Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.[1]

Overview

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Subjects that commonly fall under a nation's body of family law include:

This list is not exhaustive and varies depending on jurisdiction.

Conflict of laws

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Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction.[8][9][10][11] For child custody, many nations have joined the Hague Convention on the Civil Aspects of International Child Abduction in order to grant recognition to other member states' custody orders and avoid issues of parental kidnapping.[12]

By jurisdiction

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See also

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References

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  1. ^ a b Atkinson, Jeff. "ABA Family Legal Guide" (PDF). American Bar Association. Archived from the original (PDF) on 7 November 2017. Retrieved 31 October 2017.
  2. ^ Weitzman, Lenore J. (1980). "The Economics of Divorce: Social and Economic Consequences of Property, Alimony and Child Support Awards". UCLA Law Review. 28: 1181. Retrieved 9 October 2019.
  3. ^ Wadlington, Walter (1980–1981). "Adoption of Adults a Family Law Anomaly". Cornell Law Review. 54: 566. Retrieved 9 October 2019.
  4. ^ Capron, A.M.; Radin, M.J. (1988). "Choosing Family Law over Contract Law as a Paradigm for Surrogate Motherhood". Law, Medicine & Health Care. 16 (1–2): 34–43. doi:10.1111/j.1748-720X.1988.tb01048.x. PMID 3060684. S2CID 20125279.
  5. ^ Lawrie, Moloney; Smyth, Bruce M.; Weston, Ruth; Richardson, Nich; Qu, Lixia; Gray, Matthew (2007). "Allegations of family violence and child abuse in family law children's proceedings: key findings of Australian Institute of Family Studies Research Report No. 15". Family Matters. 77. Retrieved 9 October 2019.
  6. ^ Babb, Barbara A. (1998). "Fashioning an interdisciplinary framework for court reform in family law: A blueprint to construct a unified family court". Southern California Law Review. 71: 469. Retrieved 9 October 2019.
  7. ^ Lee, Chang Ling (1975). "Current Status of Paternity Testing". Family Law Quarterly. 9 (4): 615–633. JSTOR 25739134.
  8. ^ Currie, David P. (1966). "Suitcase Divorce in the Conflict of Laws: Simons, Rosenstiel, and Borax". The University of Chicago Law Review. 34 (1): 26–77. doi:10.2307/1598624. JSTOR 1598624.
  9. ^ "Family law | Definition, Examples, Types, & Facts | Britannica". www.britannica.com. 2024-05-23. Retrieved 2024-05-29.
  10. ^ "legal practice areas Family Law. The University of Law".
  11. ^ Ahmady, Kameel Et al 2017: Echo of Silence (book) (A Comprehensive Research Study on Early Child Marriage (ECM) in Iran). Nova publishing, USA. p 10.
  12. ^ "International Parental Kidnapping". U.S. Department of Justice. 3 June 2015. Retrieved 9 October 2019.

Further reading

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  • David Bradley. ‘Family law’, in Elgar encyclopedia of comparative law, 3rd edn. Vol. 2: E-L. Eds. Jan M. Smits et al. Cheltenham/Northampton, M.A.: Edward Elgar, 2023.
  • Elizabeth Brake & Lucinda Ferguson, eds. Philosophical foundations of children's and family law. Oxford: Oxford University Press, 2018.
  • Aleck Chloros, Max Rheinstein, & Mary Ann Glendon, eds. International encyclopedia of comparative law, vol. 4: Persons and family. Tübingen: Mohr Siebeck, 2007.
  • Shazia Choudhry & Jonathan Herring, eds. The Cambridge companion to comparative family law. Cambridge: Cambridge University Press, 2019.
  • John Eekelaar. Family law and personal life. Oxford: Oxford University Press, 2006.
  • Finer, Sir Morris (1974). Report of the Committee on One-Parent Families: presented to Parliament by the Secretary of State for Social Services by command of Her Majesty July 1974. H.M.S.O. ISBN 9780101562911.
  • Marsha Garrison. Family life, family law, and family justice: tying the knot. Abingdon: Routledge, 2023.
  • Laurence D. Houlgate. Philosophy, law and the family: a new introduction to the philosophy of law. Cham: Springer, 2017.
  • Shamil Jeppie, Ebrahim Moosa, & Richard L. Roberts, eds. Muslim family law in Sub-Saharan Africa: colonial legacies and post-colonial challenges. Amsterdam: Amsterdam University Press, 2010.
  • Klaw, Margaret (2013). Keeping It Civil: The Case of the Pre-nup and the Porsche & Other True Accounts from the Files of a Family Lawyer. Algonquin Books. ISBN 978-1616202392.
  • Harry D. Krause. ‘Comparative family law’, in Oxford handbook of comparative law. Eds. Mathias Reimann & Reinhard Zimmermann. Oxford: Oxford University Press, 2008, p. 1099–1130.
  • Ziba Mir-Hosseini et al., eds. Gender and equality in Muslim family law: justice and ethics in the Islamic legal tradition. London: I.B. Tauris, 2017.
  • Jens M. Scherpe, ed. European family law. 3 vols. Cheltenham, UK: Edward Elgar, 2016.
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Frequently Asked Questions

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