Family law in Nova Scotia applies a distinct difference between common law relationships and marriage. While some provinces may allow common law, or cohabitation, to take on the rights and responsibilities of marriage after a certain period of time, this is not the case in Nova Scotia.
A common law relationship is simply the act of living together in a marriage-like relationship without actually being legally married. It does not require any kind of legal process to create a common law union. The definition of common law partnership also differs depending on the laws applied. For example, the Canada Pension Plan states that two people are in a common law relationship after a year of cohabitation. The Parenting and Support Act, on the other hand, requires two years of cohabitation before a relationship can be described as common law.
As family lawyers in 2024, we know that the composition of a household can take many different forms. When it comes to child custody and biological parents, things can get complex.
As lawyers who often get asked for consultations and to prepare legal documentation, clients often ask us about litigation cost awards in court cases. When a matter is taken to trial, the parties are asking a judge to make a determination of the issues on their behalf.
In the midst of custody disputes, parents often wonder if and when their child’s wishes will be considered in the Court’s determination of parenting issues. Depending on the circumstances, our team of family lawyers may advise clients to have a Voice of the Child Report completed by a mental health professional who is trained to complete these assessments. These assessments are typically ordered by the Court, when one or both parties request the completion of the assessment. In the event both parties do not consent to the assessment being completed, a Motion can be heard before the presiding Justice to have it ordered. In determining whether or not to order the assessment, the Justice will consider the child’s best interest and if the report is necessary to provide further information to the Court regarding the child’s circumstances.
While there is no precise age when a child can participate in a Voice of the Child assessment, the Court is more likely to order an assessment when the child is twelve or older. In addition to the child’s age, the Court will consider the child’s maturity level, mental health, and ability to understand what is being asked of them. The Court will also consider the emotional toll the assessment may have on the child, as they may feel as though they are being placed in the middle of the parental conflict. The child can also refuse to participate in the assessment.
In the event a Voice of the Child Report is ordered by the Court, a list of possible assessors is sent to the parties. The parties have the opportunity to select their top three choices of assessors. If the selections match up, the parties will usually get the chosen assessor, so long as they are available. If the selections do not match up, or the parties fail to provide a response to the selection survey, the Court will choose an assessor for the parties.
Mental health professionals are outsourced to complete these assessments and require payment for their services. The cost of the assessment can vary and is based on a sliding scale, dependent on the parties’ respective incomes. The Court calculates the contribution each party must make toward the cost of the assessment based on the financial disclosure filed with the Court.
While Voice of the Child Reports can provide the Court with invaluable information directly from the child, this is only one factor considered in the ultimate “best interest” analysis. The Court will typically take the child’s wishes into account; however, in the event their wishes conflict with their overall best interest, the Court will rule in favour of the child’s best interest. For more information about how we can help you with your family law case, contact us today or complete the form below and we’ll be in touch.
When two people enter a relationship, whether married or common law, they often find their lives financially intertwined. As family lawyers, we know that this can take many different forms. Both may choose to continue working, creating a dual income household. Other times, one person’s career will take a “back seat” to the other’s, allowing one to succeed and grow in their chosen field. In some circumstances, one person may remain at home to care for the children or household, foregoing a career and/or employment entirely.
The manner in which couples choose to structure their relationship, household, and careers can be problematic upon separation and may have serious financial consequences for one, or both, of the parties. In these circumstances, spousal support may be appropriate. Spousal support claims are one of many family law services that we help our clients with.
Spousal support is a payment made by one party to the other following separation. It is also sometimes referred to as “alimony”. Married couples are able to apply for spousal support under the Divorce Act, and common law couples are able to apply for spousal support under the Parenting and Support Act. Spousal support differs from child support, as its purpose is not for the benefit of the child. Rather, spousal support is awarded for the benefit of the spouse and can be awarded in circumstances where there are no children of the marriage.
When looking at a spousal support claim, a party must establish entitlement to spousal support. There are three primary categories under which a person can claim spousal support. Compensatory claims are aimed at exactly that – compensation for the roles adopted during the relationship which have resulted in an economic disadvantage to one party. Non-compensatory claims are claims involving financial “need.” And the final basis on which a person can claim an entitlement to spousal support is a “contractual basis”, involving an agreement or contract between parties.
Spousal support can be a complex issue to navigate and is often very fact specific. If you have questions about whether you are entitled to spousal support, or if you may be held responsible to pay spousal support, please contact one of our family law lawyers to schedule a consultation.
As family lawyers in 2024, we know that the composition of a household can take many different forms. When it comes to child custody and biological parents, things can get complex.
As lawyers who often get asked for consultations and to prepare legal documentation, clients often ask us about litigation cost awards in court cases. When a matter is taken to trial, the parties are asking a judge to make a determination of the issues on their behalf.
In many family law cases where there are children, a major objective is developing a parenting plan that meets the needs of the children.
