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Surviving your divorce : a guide to Canadian family law Cover Image Book Book

Surviving your divorce : a guide to Canadian family law

Cochrane, Michael G. (Michael George) 1953- (Author).

Record details

  • ISBN: 047083952X (trade pbk.)
  • ISBN: 9780470839522 (trade pbk.)
  • ISBN: 9780470839522
  • ISBN: 047083952X
  • Physical Description: print
    xii, 316 p. ; 23 cm.
  • Edition: 4th ed.
  • Publisher: Mississauga, ON : J. Wiley & Sons Canada, c2007.

Content descriptions

General Note:
Includes index.

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Subject: Divorce -- Law and legislation -- Canada -- Popular works
Topic Heading: LawMatters

Available copies

  • 1 of 2 copies available at BC Interlibrary Connect. (Show)
  • 0 of 0 copies available at Smithers Public Library.

Holds

  • 0 current holds with 2 total copies.
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Location Call Number / Copy Notes Barcode Shelving Location Holdable? Status Due Date
► Summaries & More
▼ Additional Content
Acknowledgements ix
Author's Note xi
Introduction 1
Chapter 1 Taking a Look at Ourselves: The Emotional Stages of Marriage Breakdown 11
The Five Emotional Stages of Marriage Breakdown
13
Marriage: A Note
17
Marriage Counselling
18
Transition People
19
Chapter 2 Taking a Look at Lawyers: Take Charge of the Relationship 23
Family Law Lawyers
24
Hiring a Lawyer
24
The Ideal Lawyer
24
Family Law and Legal Aid
26
The Retainer (or What Everyone Else Calls a Contract)
27
Confidentiality
29
If You Are Dissatisfied with Your Lawyer
30
Firing Your Lawyer
32
What to Do When You Are Unhappy about Your Lawyer's Bill
35
Chapter 3 Taking a Look at the Process: Understanding Family Law and the Legal System 39
The Legal System
41
Family Law and the Courts
43
The Personnel of the Courts
43
The Rules of Court
47
Chapter 4 Divorce: Dissolving the Marriage Vows 57
Grounds for Divorce
58
Reconciliation
62
The Procedure for a Divorce
63
Uncontested Divorces
64
Joint Application for Divorce
65
Contested Divorces
65
Bars to Divorce
66
Marriages of Convenience
67
Legal Fees for Divorce
68
Chapter 5 Dividing the Family's Property: Get Your Fair Share from the Marriage Partnership 71
What is "Property?"
73
What is Divided?
74
What is Not Divided? Exempt Property
74
How is Value Determined?
75
Date of Valuation
78
Unequal Division of Property Values
78
The Matrimonial Home
79
Pensions
80
Financial Statements
83
Paying the Judgment
84
Some Tax Considerations
84
Some Strategic Considerations
86
Chapter 6 The Children: Every Parent's Top Priority 91
Custody and Access
92
Who Is a Child?
93
The Child's Best Interests
94
Other Considerations
95
Assessments
99
Custody
100
Joint Custody and Child Support
102
Advice on Joint Custody
104
Conditions on Sole Custody
104
Access
106
Strategic Considerations
107
Paternity
111
Paternity Agreements
113
What Will We Tell the Children?
114
Stepfamilies
121
A Warning
122
Chapter 7 Support: Financial Assistance After Separation 125
Child Support
127
When Is a Child Eligible for Support?
132
Spousal Support
138
Parental Support
147
Chapter 8 Common-Law Spouses Have Rights, Too 151
The Meaning of "Common Law"
151
Children in Common-Law Relationships
153
Spousal Support
153
Property Division for Common-Law Couples
155
Federal Legislation
159
Cohabitation Agreements
160
Legal Advice
160
Chapter 9 Settling Your Differences: Avoiding the Courtroom 163
Offers to Settle
165
Minutes of Settlement
167
Orders on Consent
168
Separation Agreements
168
Chapter 10 Not Settling Your Differences: Going to Court 177
The Courtroom
179
The Paper Chase
181
The Trial Itself
181
Appeals
188
Chapter 11 Alternatives to Court: Mediation, Arbitration and Collaborative Family Law 191
Mediation
192
Arbitration
198
Mediation/Arbitration
199
Religious Arbitration
199
Collaborative Family Law
200
Strategic Considerations for Alternatives to the Court
201
Chapter 12 Enforcing Family Law Orders: Making an Order Stick 205
Custody Enforcement
206
More on Abductions
209
Canada Customs and Travelling Outside Canada
210
Access Enforcement
212
Support Enforcement
214
The Support Enforcement Offices
216
Property Enforcement
218
Personal Restraining Orders
220
Contempt
221
Chapter 13 Grandparents and "Other Interested Persons" 225
Grandparents
226
Strategic Considerations
231
"Other Persons"
233
Chapter 14 Domestic Violence: A Problem that Just Won't Go Away 235
Violence: The Myths
237
Why Are Women Assaulted?
238
Why Do Men Do It?
239
What Can Be Done?
240
Strategic Considerations and Domestic Violence
242
Chapter 15 Marriage Contracts and Cohabitation Agreements: Managing Your Relationship—Contractually 247
Marriage Contracts
248
Cohabitation Agreements
251
Setting Aside Domestic Contracts
252
Chapter 16 Family Law and Your Will 257
Making a Will
257
Divorce and Your Will
260
Chapter 17 Self-Help Advice: Going It Alone? 265
How to Complain
265
How to Do Your Own Research
266
How to Represent Yourself: Eyes Wide Open
269
Appendix A Some Important Paperwork 275
The Retainer Form
275
A Separation Agreement
277
The Family Law Client History Form
297
Appendix B Canadian Child Support Guidelines 299
Glossary 305
Index 313

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