Getting to know basic family law

Posted on by Behdad Hosseini

basic family law

There are some basic provisions in family law that many people should be familiar with. Since family law touches so many aspects of today’s society, knowledge of that law may help the average person overcome personal difficulty. Of course, in some cases, more professional help may be needed, in which case the services of a good family lawyer may prove fruitful and beneficial.

If recourse to the courts is in fact deemed necessary, in Ontario, there exist three types of courts that address family law. The Family Court of the Superior Court of Justice deals with all matters of family law, including divorce and separation, child and spousal support, custody and division of property.

The types of courts

The Superior Court of Justice is where matters pertaining to divorce are specifically handled, including child custody and support, as well as division of property. The Ontario Court of Justice deals with some of the same issues as the Superior Court of Justice — when divorce is not involved. Couples seeking separation, for example, would seek remedy for custody, support and property in the Superior Court of Justice.

Of course, the courts don’t always have to be involved in agreements of divorce or separation. For that matter, divorce lawyers can also be minimally involved if the parties agree to the terms of divorce and separation in an amicable fashion. Negotiation, mediation, mutually-agreed-to arbitration, and private settlement are all viable options, too.

Beyond the courtroom

For example, a couple may choose to obtain the services of a mediator to come to an agreement of divorce or separation. A mediator is an impartial professional — usually a social worker, psychologist or lawyer —that works with both parties to come to a mutual agreement.

Another option is to obtain the services of an arbitrator, usually a former judge or lawyer, whose job it is to essentially decide the matter for both parties. So, in cases where a mutual agreement hasn’t been possible, both sides can leave it up to the arbitrator, whose decision well be binding.

In all cases however, even the provincial and federal governments recommend obtaining the services of a good family lawyer, who doesn’t have to involved in every single aspect of a long and bitter dispute, but can be instrumental in guiding both parties through the otherwise challenging maze of family law.

If you need a professional advice on family law, or if you’re thinking of divorce, please phone us here at Hosseini Law Firm (HLF) for a 15 minute free consultation: 416-628-4635, or please use the contact form provided on this page. Thank you.

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