General Family Matters
Divorce & Family Lawyers in Winnipeg, Manitoba
There are many misconceptions and misunderstandings about marriage and common law rights. For instance, some people think they can only get a divorce if they have the consent of their spouse. However, under Canadian divorce legislation anyone who is married is entitled to a divorce, whether or not their spouse agrees, if any one of the three criteria evidencing "breakdown of marriage" as set forth in The Divorce Act
applies to his or her situation.
Under The Divorce Act, you may petition for divorce based upon one or more of the following three legal grounds:
- Mental or physical cruelty
- Having lived separated or apart for at least one year
Once you have decided to divorce, you and your spouse or partner will need to address the division of your assets and property. In Manitoba, both married couples and common-law partners are subject to property division law. During a marriage or common-law partnership, a couple will acquire "family assets and debts" which are eligible to be divided upon separation or divorce. Family assets refer to such assets as bank accounts, pension plans, retirement savings, debt, bonds, securities, and all other property that was acquired during the course of the marriage or partnership. As a general rule, all family property (assets and debts) accumulated during the course of the marriage or common-law partnership are to be shared equally. If you do not wish the general rules of property division to apply to your marriage or common law relationship, it's essential that you and your spouse or partner sign a "spousal agreement" establishing a different regime for dealing with your property upon separation or death.
As a general rule, inheritances, gifts, or property owned prior to the marriage or common law relationship are not necessarily eligible for equal sharing unless certain circumstances apply.
Child Custody & Child Support
In addition to divorce, we also accept cases involving child support and child custody & access. In the event that you and your spouse or partner decide to divorce or separate, it's important not to forget the obligation you both share to your children. During the divorce or separation process, you need to seriously consider what is in the best interests of your children, and plan your divorce or separation accordingly. Furthermore, if you already have a court order in place regarding child custody or child support, but need to modify the order due to certain changes that have taken place since the order was pronounced, we can help you with that as well.
Other Areas of Practice
At Assiniboia Law Office
, we also accept cases involving all other aspects of family law, including spousal support, division of family property, prohibition and protection orders, child welfare, prenuptial or cohabitation agreements, spousal (separation) agreements, guardianship, and adoption.
Contact a Winnipeg Divorce & Family Law Attorney
If you and your spouse or partner decide to divorce or separate, it's important to retain the legal counsel of an experienced Winnipeg divorce lawyer. The laws regarding divorce and other family law matters are very specific, and it's important to have a thorough understanding of your rights under these laws. An experienced Winnipeg divorce & family law attorney can review your case, explain your rights, and discuss your best options at each stage of the legal process. At Assiniboia Law Office, we can help you work through all aspects of your divorce or separation, and make sure your legal rights are respected and acknowledged in court. We understand this can be a very complex process, especially when child custody and child support or division of family property must be determined. We are here to help you work through all aspects of your divorce or separation to achieve results that best suit the specific needs of you and your family.