Winnipeg Family Lawyers & Top Divorce Attorney

Whenever a couple with children decides to divorce or separate, decisions need to be made to ensure the safety and happiness of the children. Each party needs to determine where a child will live and how much time each person will have with the child. These matters can easily be resolved outside or inside a court.

Winnipeg Child Custody Family Law Attorneys: The parent who will be the major decision maker in a child’s life receives what is known as child custody. Decisions regarding the child’s religious choices, health care, and education will be made by this individual. Sole custody means the parent will be responsible for making all of the decisions on his or her own. If parents have joint custody, on the other hand, both individuals will need to agree upon their choices for the child. So child custody isn’t so much about who gets to spend the most time with the child but rather who will be the final decision maker. To read more about child custody family lawyers in Winnipeg MB gives us a call today or continuing reading on our services page

Winnipeg Child Access Family Law: Child access is the term used to designate when a parent can spend time with their child. The most common example is a child who resides with one parent but is able to regularly meet with the other. Instead of being the right of the parents, child access is actually the child’s right.

Whether you need help with child custody or child access, finding a Winnipeg child custody attorney will be of great help, as he or she can assist in negotiations and create a formal agreement between all parties. A parenting coordinator or a mediator may also be necessary in arriving at a final decision that all parties will be happy with. Many parents also hire a psychologist or social worker who can provide an unbiased opinion on the child’s best interests.

Is a Child Access or Child Custody Lawyer Right for you? If you wish to reach an agreement for your child outside of court and set the arrangements for custody and access, you need a child custody attorney who can provide you with the advice and legal guidance you need. Each parent should have his or her own attorney and mediator. In the event of a major dispute, these professionals can represent you in court to let a judge determine where the child will primarily live and who will be the primary decision maker.

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When a couple divorces, they need to agree upon how they’ll meet the financial needs of their children and their children’s future. Therefore, a child support attorney located in Winnipeg can definitely help you come to an understanding of child support and help you reach important decisions on parenting agreements and separation agreements. A child support attorney in Winnipeg MB will also represent you in court, where a judge will make the final decision, if necessary.

What is Support & Child Maintenance: A child who lives with one parent after a divorce has the legal right to get financial help from the parent who doesn’t live in the same home. The other parent is legally obligated to pay a child support payment that is fair and always on schedule. Predetermined guidelines are established and calculated based upon the province you live in, as well as the income of the parent and the number of children that need support. Adjustments to these guidelines and payments are only made when absolutely necessary. Otherwise, they are very strict.
Instances during which these guidelines may be changed include:

• If the payor’s income is over $150,000
• If the payor would have to endure financial hardship as a result of a payment
• If the child is over 18 and isn’t a full-time student
• If the non-custodial parent spends at least 40% or more of the time with a child and there is a shared custody agreement
• A parent will also be required to pay a fair amount—calculated using the parents’ incomes—of other expenses related to the child. These include childcare costs, health costs, educational expenses, and extracurricular activity costs, as well as other extraordinary expenses

Why a Child Maintenance & Support Family Lawyer in MB: You can save a lot of time, money, and frustration by getting the right child support attorney. This step will ensure that your children’s best interests come first. You can also more easily negotiate terms and come to an agreement that both parties are satisfied with. Plus, you’ll have legal protections in place to ensure the agreement is solid, and you definitely want a lawyer at your side to represent you in the event you need to go to court over child support.

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Whenever a couple decides to separate, the Canadian Spousal Support Advisory Guidelines state that financial support should be provided to one party based upon specific criteria: the length of cohabitation, if the couple has children, the roles performed by each party during their relationship together, the age of the recipient, and other factors determine the size and type of payment. The ultimate goal is for both people to maintain a life that they grew accustomed to.

An alimony or spousal support attorney in Winnipeg MB can help with this process, as he or she would be able to navigate the law and negotiate, while clarifying any concerns and providing assistance wherever necessary. The right lawyer can explain the nuances within the law and help determine whether support payments would be made in a lump sum or monthly payments that are tax deductible when claimed as income. Most importantly, a spousal support lawyer can ensure fairness and consistency, as well as oversee the issuing of payments as agreed upon by both parties.

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When two people separate or divorce, division of property and assets is one of the hardest areas to deal with. Property lawyers, however, can dramatically help clients in attaining what they feel is fair while removing a lot of the conflicts, obstacles, and heartaches that arise when two people are disputing over how assets should be divided.

Because a spouse has the right to claim for equalization of family property in a divorce, a good divorce lawyer can help calculate the net family property value after all relevant finances, including liabilities, have been disclosed. This helps divide the property equally and in a just manner. The party who has the higher net family property when the official separation takes place will have to pay half of the difference in order to equalize the net value of both parties. This can be difficult to do without the right Winnipeg division of property and assets attorney, especially because you have to deal with exclusions and deductions to the net family value while properly and fairly calculating individual family property value. The right lawyer can find the necessary and most accurate information to assess the property value in order to divide it fairly.

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A separation lawyer specializes in assisting couples who wish to separate by drafting a formal contract. This type of agreement is best for those who want to legally separate or divorce but have other issues to address as well. These include child support, child access, spousal support, and property division.

Having this written contract in place allows the couple to settle their dispute outside of court in order to avoid spending the time and costs associated with those court proceedings. A Winnipeg separation agreement lawyer can help with educating the individuals, assisting with negotiations, and finalizing the terms of the agreement outside of the courtroom in order to move the process along smoothly and hopefully avoid having to go the route of marriage arbitration or divorce mediation. If, however, the couple has to meet in court, a separation agreement would be valid and enforceable.

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Before getting married, it’s highly recommended that a couple find a family lawyer who can draft a prenuptial agreement, also known as a marriage contract, in order to avoid conflict in the future should the couple decide to ever get divorced. This agreement can prevent damage to the relationship, as well as to the individuals’ finances, while saving time and making the divorce process go more smoothly.

If a couple is already married, they can still enter into a prenuptial agreement by contacting winnipeg lawyers who can write out the details of their relationship and assets and determine what would happen between the couple if the marriage were to dissolve. Property and assets are divided between the husband and wife, and payments for spousal support are also determined within the content of the agreement.

If a couple wishes to opt out of any aspects of the Divorce Act, Family Law Act, or spousal support provisions, this can be done in a prenuptial agreement. The ultimate goal is to ensure both parties are protected and satisfied during and after the divorce, with emphasis put upon the protection of business and personal interests of each individual.

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For individuals who want to live together, a cohabitation agreement is used to provide clarity to certain aspects of the relationship, in case a separation were to ever take place. This agreement would basically outline terms that both parties set forth.

Typically, a cohabitation agreement outlines the financial aspects of a relationship so that disputes regarding things like support payments and property rights won’t be an issue if the parties dissolve their living arrangements in the future. The agreement focuses on things like division of assets including property, marriage dissolution problems, and spousal support.

A winnipeg cohabitation agreement lawyer has the necessary skills to help two people come to an agreement and determine how a separation should be handled in the future. These contracts are drafted according to the specific wishes and needs of both parties. If the individuals eventually get married, this contract can then be transferred into a marriage contract.

Why a Winnipeg Cohabitation Contract – A variety of problems and stressors can arise when a separation takes place. These include disagreements, arguments, financial costs, and a lot of lost time spent in negotiations. A cohabitation agreement can prevent all of these problems by giving individuals the means to simply opt out of certain legal obligations, such as the Family Law Act of Canada and spousal support.

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For those who want to prepare for the future and whatever it may bring, a parenting agreement will outline how their children will be taken care of in the event of divorce or separation. This contract can help both parties decide how the children will be cared for and raised, such as who will take custody and have access to the children, where they will primarily reside, the religion they will follow, the education they will receive, the healthcare they will be granted, and more.

Whenever a couple wants to take steps to ensure their children’s best interests will come first if anything were to happen in the future, such as a legal separation, a parenting contract is a great way to go. Hiring a parenting agreement lawyer in Winnipeg MB who will be able to help is imperative, especially in the case where a judge would make ruling decisions that don’t coincide with the parents’ wishes for their children.

If two adults are having harsh disputes and facing conflicts when it comes to separating and taking care of their children, the help of a therapist or parenting coordinator is also recommended. Working along with a lawyer, these professionals will establish terms within the parenting agreement in the best interest of the children by providing an unbiased outline of terms.

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Same-sex marriage was legalized in Canada in 2005. Prior to that, it was already legal in many provinces, but because it didn’t have federal unity, there were legal issues for individuals in a same-sex marriage who traveled to other parts of the country where it wasn’t recognized. This created many problems when it came to divorce and separation.

Manitoba Same-Sex Family Lawyers: No matter where you live in Canada today, same-sex marriage and relationships are treated the same as heterosexual relationships. Legally, all of the family law issues apply. These include child support, spousal support, property division, and other issues within the Divorce Act of Canada. And when it comes to common-law same-sex relationships, the same equality and fairness applies under the Family Law Act of Manitoba.

Why a Manitoba Same Sex Lawyer: A same-sex attorney can be extremely helpful in particular situations that can arise within a same-sex relationship. For example, when it comes to adopting the children of one spouse, gaining custody or access to children following separation (there is a bias toward the biological parent in most cases), and marriage validity outside of the country, the right legal counsel can help prevent disputes and give both parties what they want. Also, because individuals within the court system may still work with gender biases in place, legal representation will ensure just treatment and fairness.

Domestic abuse occurs often, and victims need to know that they’re not alone and they have legal rights, as well as access to people willing to help. Both men and women are affected by domestic violence, but there are certain steps that should be taken in order to protect yourself, your children, and your loved ones if you find yourself in an abusive relationship you want to get out of.

Firstly, you should seek the help of the police, as a police report that details the situation is necessary in order to provide the court a legal record of what has occurred. The victim should also ask for help from social workers or community outreach programs that regularly help people deal with the heartache and trauma of these situations.

To really take legal action and end the relationship, you should hire a domestic abuse lawyer who will be able to support you in every legal aspect of a domestic violence case. He or she will be able to work with you to ensure your safety, as well as your children’s safety, and your future prosperity and happiness. You will be told everything you need to know about restraining orders and other legal actions you can take against your abuser so you can finally break free.