Disputes are solved by agreement or by court order after determining the relevant facts and law. Both dispute-solving options require first a determination of the facts; the facts then determine the applicable law. The basic facts of WHO did WHAT, WHEN, and WHERE provide an excellent framework to identify the type of relationship eg employer-employee, neighbours, parent-child, etc. The type of relationship identifies the type of legal issues and details that need to be proven. For example, after you have the facts identified, a family law dispute can be separated into the relationships involving children or not. A dispute involving a couple without children does not involve laws such as guardianship, parenting time, parenting responsibilities, and child support. And if the couple is common-law then they do not need a Divorce. The law differs in each Province, State or Country so be sure to retain an experienced lawyer in your jurisdiction to confirm what laws apply to you. For example, in Canada divorce law is a Federal law so it applies to all Provinces but property law is a Provincial law so residency determines which Provincial law applies. Also there might be a choice of laws eg a married couple with children living in British Columbia could apply either the federal Divorce Act or the BC provincial legislation to determine their parenting issues but they still have to apply the BC Family Law Act (FLA) to determine their property issues. We Can Help!
Disputes are solved by agreement or by court order after determining the relevant facts and law. Both dispute-solving options require first a determination of the facts; the facts then determine the applicable law.
The basic facts of WHO did WHAT, WHEN, and WHERE provide an excellent framework to identify the type of relationship eg employer-employee, neighbours, parent-child, etc. The type of relationship identifies the type of legal issues and details that need to be proven.
For example, after you have the facts identified, a family law dispute can be separated into the relationships involving children or not. A dispute involving a couple without children does not involve laws such as guardianship, parenting time, parenting responsibilities, and child support. And if the couple is common-law then they do not need a Divorce.
The law differs in each Province, State or Country so be sure to retain an experienced lawyer in your jurisdiction to confirm what laws apply to you. For example, in Canada divorce law is a Federal law so it applies to all Provinces but property law is a Provincial law so residency determines which Provincial law applies.
Also, there might be a choice of laws eg a married couple with children living in British Columbia could apply either the federal Divorce Act or the BC provincial legislation to determine their parenting issues but they still have to apply the BC Family Law Act (FLA) to determine their property issues.
We Can Help!
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment