What legal issues will I need to deal with?
If you are ending your relationship, here are some common family law issues you may have to decide:
- How to divide property and debts.
- If one of you needs financial support, called spousal support.
- Decision-making responsibility or who will make decisions about your children. This used to be called custody.
- Parenting time or how much time your children will spend with each parent. This used to be called access.
- Financial support for the children, called child support.
You might also want to get a divorce if you are married to your partner. Part 7 has more information about your rights under family law.
If you are worried about your safety, you might need to apply for a restraining order or an order for exclusive possession of the matrimonial home. Part 6 has more information about protection orders.
You might also want to involve the police. If this happens, you could become involved with the criminal court system. Parts 4 and 5 have more information about the criminal law process.
If you are new to Canada, you might be in the middle of an immigration or refugee process. This process could be affected if you leave your partner. Part 8 has more information about immigration issues.
If you are Indigenous and living on reserve, it can be difficult getting some family court orders enforced. This is because different laws can apply on reserve lands. Part 9 has more information about issues affecting Indigenous women. Part 10 lists legal and community resources for women who have been abused.
For more information about abuse and family violence, and family law, visit stepstojustice.ca.