INDICE: Acknowledgements xAuthor's Note xiIntroduction to the 5th Edition 1Chapter : Taking A Look at Ourselves: Th e Emotional Stages of Marriage Breakdown 11Some Observations on Marriage 13Emotional Stages 14Marriage Counselling:Getting Help to Cope 19Why Did Th is Happen? The Causes of Divorce 20Transition People: Cause or Casualty 21To Sum Up 22Chapter 2: Taking A Look At Lawyers: Take Charge of the Relationship 23Family Law Lawyers: A Special Breed 24Finding A Lawyer 24The Ideal Family Law Lawyer 25The "Rights" Movements 26Confl icts of Interest 27Family Law and Legal Aid 27The Retainer (or What Everyone Else Calls a Contract) 28Confidentiality 30The First Interview with Your Lawyer 31If You are Dissatisfied with Your Lawyer 32Firing Your Lawyer 35What to Do When You Are Unhappy about Your Lawyer's Bill 37To Sum Up 38Chapter 3: Taking a Look at the Process: Understanding Family Law and the Legal System 40The LegalSystem 42Onus of Proof 43Family Law and the Courts 43The Rules of Court 47To Sum Up 56Chapter 4: Getting a Divorce: Dissolving the Marriage Vows 58Grounds for Divorce 59Reconciliation (Hey, Sometimes It Happens) 63Th e Procedure for a Divorce 64Uncontested Divorces 66Urgently Needed Divorce 66Joint Applicationfor Divorce 67Contested Divorces 67Bars to Divorce 68Marriages of Convenience69Legal Fees for Divorce 70To Sum Up 71Chapter 5: Dividing Th e Family’s Property: Get Your Fair Share from the Marriage Partnership 73Time Limitations: Waiting Can Cost you Your Rights 75What Is "Property"? 75What Is Debt? 76Financial Statements 77Value of Assets and Liabilities 78How Is Value Determined? 79What Is not Divided? Exempt Property 81Date of Valuation 83Unequal Division of Property Values 83Th e Matrimonial Home 84Pensions 85Canada Pension Plan (CPP) 88Paying an Amount to Resolve Property 89Some Tax Considerations 89To Sum Up 92Chapter 6: Obligations to the Children of a Divorce: Every Parent’s Top Priority 94Custody and Access: Understanding Terminology 95Who Is a Child? 98How Is Custody Determined? 100Help from Professionals When Determining Custody 105Hotspots 106Strategic Considerations 116Paternity Agreements 122What Will We Tell the Children? 122A Warning 130To Sum Up 130Chapter 7: Support: Financial Assistance aft er Separation 133Child Support 135Who Is a Parent? 139Who Is a Child? 140Spousal Support 149Parental Support 158To Sum Up 159Chapter 8: Common-Law Spouses Have Rights too: (Just Not the Same as Married Couples) 162TheMeaning of "Common Law" 162Children in Common-Law Relationships 164Spousal Support 164Property Division for Common-Law Couples 166Federal Legislation 171Cohabitation Agreements 171Obtain Legal Advice 171To Sum Up 172Chapter 9: Settling Your Diff erences: Avoiding the Courtroom 1741. Off ers to Settle 1762. Minutes of Settlement 1783. Orders on Consent 1794. Separation Agreements 1795.Memorandum of Understanding 186To Sum Up 187Chapter 10: Not Settling Your Diff erences: Going to Court 188Th e Courtroom 190Th e Paper Chase 192Th e Trial Itself 192Appeals 199Conclusion 200Chapter 11: Alternatives to Court: Mediation, Arbitration and Collaborative Family Law 202Mediation 203Arbitration 210Mediation/Arbitration 210Religious Arbitration 211Collaborative Family Law 212Strategic Considerations for Alternatives to the Court 213To Sum Up 214Chapter 12: Enforcing Family Law Orders: Making an Order Stick 216Custody Enforcement 217The Hague Convention on Civil Aspects of International Child Abduction 219Tips on Dealing with Abductions 220Canada Customs and Travelling Outside Canada 221Access Enforcement 223Support Enforcement 225The Support Enforcement Offices227Property Enforcement 229Personal Restraining Orders 231Contempt 232To Sum Up 233Chapter 13: Grandparents and "Other Interested Persons" 234Grandparents—A Special Status 235"Other Persons" 242To Sum Up 243Chapter 14: Domestic Violence: A Problem that Just Won't Go Away 244Violence: Th e Myths 246Why Are Women Assaulted? 247Why Do Men do It? 248What Can be Done? 249Strategic Considerations and Domestic Violence 252To Sum Up 255Chapter 15: Marriage Contracts and Cohabitation Agreements: Managing Your Relationship—Contractually 257Marriage Contracts 258Cohabitation Agreements 261Setting Aside Domestic Contracts 263To Sum Up 265Chapter 16: Family Law and Your Will 267Making a Will 267Divorce and Your Will 270First Meeting with the Divorce Lawyer 271To Sum Up 272Chapter 17: Self-Representation: How to Represent Yourself 274Introduction 274A 10-Step Legal Framework for Your Case 27550 Tips for Your Day in Court 288Dealingwith Lawyers 291Dealing with Court Staff 292Dealing with the Judge 292GettingHelp from Lawyers: Th e Limited Retainer 292Legal Research 293Internet Resources 295How to Complain 298To Sum Up 299Appendix A: Some Important Paperwork 300Th e Retainer Form 300A Separation Agreement 302Th e Family Law Client History Form 319Appendix B (To be Attached to a Full Separation Agreement): The Parenting Plan 321Appendix C: Table of Common-Law Rights and Responsibilities 330Appendix D: Canadian Child Support Guidelines 332A Glossary of Family Law Terms 338Index 345
- ISBN: 978-1-118-08396-3
- Editorial: John Wiley & Sons
- Encuadernacion: Rústica
- Páginas: 320
- Fecha Publicación: 02/04/2012
- Nº Volúmenes: 1
- Idioma: Inglés