What is a divorce and why should you obtain one?

• A divorce is legal recognition of the termination of a marriage and a way of ending the legal duties and responsibilities spouses owe to each other.
• If there is no reasonable likelihood of the parties reconciling and resuming married life and you and your spouse have lived apart continuously for 12 months, you should consider obtaining a divorce.
• If you wish to remarry, it will be necessary to obtain a divorce first.
• Obtaining a divorce is an initial step in making future arrangements concerning children, property and maintenance.  The time frame for bringing a property/spousal claim runs from the date the divorce is granted.

Does conduct matter in parenting cases?

• In parenting cases, the Court’s paramount consideration is what is in the child’s best interests.
• When deciding what is in the child’s best interests, the Family Law Act requires the Court to take primary and additional considerations into account.
• Primary considerations consist of the benefit to a child of having meaningful relationships with both parents and the need to protect a child from physical and/or psychological harm (from being subjected or exposed to abuse, neglect or family violence).

• Additional considerations in relation to a parties’ conduct include but are not limited to the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent, each parent’s ability to provide for the child’s needs, the maturity, sex, lifestyle and background of either of the child’s parents and the attitude of each parent to the child and to the responsibilities of parenthood.
• As a result conduct can matter in parenting cases.