A family lawyer Halifax will ensure that you are empowered to protect your rights by providing you with simple explanations of Nova Scotia family law, advising you on the court or mediation process, and ensuring that divorce, custody and support and/or property settlement agreements are honored. When you’re going through a separation, custody dispute or support disagreement and reside in Halifax or anywhere else in Nova Scotia, this guide will explain what a family lawyer does, when you need one and how it works in the province. You will know what to anticipate!
Why Do You Need a Family Lawyer Halifax?
Family law cases have repercussions on your finances, your kids, and your life for years to come, and that is why you need a family lawyer Halifax. There can be a lot more consequences later if you don’t handle an agreement properly.
A lawyer discusses your situation and what you actually are entitled to. This matters because:
- Nova Scotia has specific rules regarding division of property, which are different from those of other provinces.
- Child support is based on federal guidelines, but can be complicated by factors such as shared custody and self-employment income.
- A separation agreement that is not in writing is not a binding agreement.
But lots of people will try to go the separation by themselves just to save time. Typically, this does not work with the other party having lawyers and you not having any.
What Does a Family Lawyer Halifax Actually Do?
A family lawyer can assist the family law side of separation, divorce, and family conflicts without the need for individuals to deal with it on their own. They’re involved in negotiation, paperwork, and appearing in court if necessary.
What this means in reality everyday:
- Checking finances and assets for a fair division
- Creating separation agreements that are in your best interests
- Ensuring that court documents are filed accurately and in a timely fashion.Properly and timely filing of court documents.
- Discussing with the other party or their attorney
- Attending court proceedings on your behalf if it cannot be resolved
A good lawyer also lets you know when you don’t need to get into a fight about something. Not all differences should be settled in court, and a lawyer that litigates every issue is doing you a disservice.
How Does Divorce Work in Nova Scotia?
There is a Supreme Court of Nova Scotia (Family Division) in Halifax, Nova Scotia, where divorce proceedings are heard – proof of the break down of the marriage, typically after 1 year of separation, is required. It includes filing, serving papers and either negotiating a resolution or going to trial.
The overall process is roughly the following one:
- File a Petition for Divorce application with court.
- Send the other spouse the papers.Serve papers to the other spouse.
- Exchange financial disclosure
- Discuss and resolve any remaining matters by negotiation or mediation
- Complete a Corollary Relief Order for support, custody and property.
Most divorces settle without a trial. A divorce lawyer Halifax can manage this process for you, so deadlines aren’t missed and your paperwork is filed correctly the first time.
How Is Property Divided After Separation in Nova Scotia?
If you were married you are presumed under the Matrimonial Property Act to have acquired most of your assets during your marriage, with the result that they are split equally between you and your spouse. Common-law couples are treated differently, and don’t automatically have the same rights.
Key points to understand:
- In the context of marriage, assets usually refer to property, cars and collective savings.
- There are some assets that might be exempt, such as inheritances separated.
- Often business assets and pensions require professional valuation.
- The debts will typically be split with assets, rather than set aside.
One place where do-it-yourself separation contracts tend to fail is this. A lawyer ensures that nothing is overlooked and that the division is done fairly according to the law, not according to how it seems fair at the time.
How Does Child Custody and Support Work?
In Nova Scotia, child custody and child support are about what is in the best interests of the child and is based on the federal and provincial guidelines regarding parenting arrangements and how much support is to be paid. Courts are not presumed to be on one parent’s side.
Typically, there are a few different types of custody arrangements:
- Sole custody, in which one parent has the main decisions making power,
- Shared custody, with shared decision making by both parents.
- Shared parenting time (based on number of overnights with each parent)
Child support is calculated in accordance with the Federal Child Support Guidelines, which take into account a child’s number and income to determine a base amount of child support. Other costs such as daycare or medical expenses may be shared separately.
A family lawyer can help you understand which arrangement is best for your family, and ensure that any arrangement you make is one that a court would approve of.
What Happens If You Can’t Agree Outside of Court?
If there is no agreement outside of court, the issue proceeds to court where a judge at the Supreme Court of Nova Scotia (Family Division) makes the final determination after listening to both sides. This is typically the very last step, not the first.
Before reaching that stage, most family lawyers recommend:
- Mediation – another party assists the two parties to discuss the matter.
- Collaborative law: Both parties and their attorneys agree not to take any case to court.
- Four way meetings with both parties and their lawyers
Court is required when a party refuses to negotiate, conceals property, or when it’s a matter of safety. When it comes to those instances, it matters having a lawyer with a courtroom experience.
How Family Law Applies in Halifax and Nova Scotia
Supreme Court of Nova Scotia (Family Division) hears family matters, including divorce, child custody, child support, spousal support and property division cases, in Halifax. Help from a Family Lawyer Halifax may enable you to know the court process and your legal rights.
The Maintenance Enforcement Program (MEP) is a program to collect overdue child and spousal support payments. Legal information and court forms are also available via Nova Scotia Legal Aid and the Courts of Nova Scotia. A Family Lawyer Halifax can help you understand the Divorce Act and Parenting and Support Act and how it applies to you.
Conclusion
Protecting yourself during a separation or divorce is a matter of educating yourself on the law, keeping proper records and having a person on your side that knows how the Nova Scotia courts really operate. A family lawyer Halifax can assist you with a number of issues that include custody and property division, and ensures that agreements are fair and enforceable. If it gets settled through negotiation or goes to court, have advice first to put you in a more advantageous position.
Frequently Asked Questions (FAQs)
Not always, but a lawyer can review your agreement before you sign to catch problems you might miss. Uncontested doesn’t mean the paperwork is simple, and small errors can delay your case.
A straightforward, uncontested divorce can take a few months once the one-year separation period is met. Contested cases with disputes over custody or property often take longer, sometimes over a year.
Yes, custody agreements can be changed if circumstances change significantly, such as a job relocation or a child’s changing needs. Courts require proof that the change is in the child’s best interest.
Nova Scotia’s Maintenance Enforcement Program can step in to collect overdue support, including wage garnishment. A lawyer can also help you file for enforcement if payments stop.
No, common-law couples don’t go through a formal divorce process since there was no marriage. Property division and support rules also differ, so a lawyer’s advice matters even more here.