1. How do I know if I have a case? Our lawyers will meet with you, at no charge, to review and discuss whether you have a valid claim. We will also explain what is involved in bringing an action to collect any compensation to which you may be entitled. Contact one of our Personal Injury lawyers now
2. Should I speak with the insurance company or an adjuster? Generally, you should not. It is best that you allow our lawyers to handle any communication with the insurance company or its adjuster. Contact one of our Personal Injury lawyers now
3. How do I sue someone? A Statement of Claim will be filed in court, to start your law suit. The proceedings then follow the Rules of Court. When you hire us to represent you, we prepare and file all necessary court documents. Contact one of our Personal Injury lawyers now
4. How do I pay my lawyer? Usually, payment is made on a contingency fee basis, which means that the amount you pay will depend upon the success of your law suit. We will meet with you to explain to you in detail exactly how a contingency fee agreement works. Contact one of our Personal Injury lawyers now
5. Can I seek re-imbursement for lost wages? A claim for lost wages will usually be a part of your claim, if you were working and have lost income as a result of the accident. Contact one of our Personal Injury lawyers now
6. How do I prove my case? Our lawyers will meet with you to discuss the documents and witnesses that you will need to prove your case in court or through alternate dispute resolution. Contact one of our Personal Injury lawyers now
7. How do I know how much my case is worth? The value of an injured person’s claim is unique to his or her injuries and the impact upon his/her enjoyment of life, ability to work and responsibilities at home. Our lawyers will gather all of the necessary information from you, your health care providers and your employer to determine how much your claim is worth. Contact one of our Personal Injury lawyers now
8. Will I have to go to court? All personal injury actions start with a Statement of Claim filed in court. However, this does not mean you will necessarily have to go to trial. A significant majority of personal injury claims resolve without going to trial. Contact one of our Personal Injury lawyers now
9. How long will my case take? There is no set time frame. Your case will always depend on your medical condition so that your injuries will have resolved or at least stabilized before a claim is resolved. Contact one of our Personal Injury lawyers now
10. How long do I have to make a claim? You should retain a lawyer as soon as possible after the injury. Our lawyers will review the details about the accident that caused your injury and determine when the Statement of Claim should be filed in court. Contact one of our Personal Injury lawyers now
1. I am purchasing a house – can you provide me a quote on the legal fees? Yes, we are happy to review the legal fees and disbursements for the purchase of your house. Contact one of our Real Estate lawyers now
2. What are Disbursements? These are the expenses that are incurred during the purchase , sale or mortgaging of real estate. Usually the most costly disbursement is the fee paid to the Registry of Deeds to register your deed of conveyance and your mortgage. Contact one of our Real Estate lawyers now
3. What is a “closing” anyway and how long does it usually take? The “closing” or “closing date” is the date that the Deed of Conveyance and the purchase price are formally exchanged by the lawyers representing the Vendor and the Purchaser. Contact one of our Real Estate lawyers now
4. What are the costs I have to pay when buying a house? In addition to paying legal fees, you will have to pay disbursements including the registration costs for the Deed of Conveyance, registration costs for the Mortgage, if you have one, title search fee, Sheriff’s Office search fees and property taxes that the Vendor has paid in advance. You may also have to pay for all or part of the cost of a real property report and/or survey, title insurance, rental, or oil adjustments. Contact one of our Real Estate lawyers now
5. How can the costs of buying a house split between the seller and buyer? Usually the buyer pays for the closing costs associated with buying a house, unless the Agreement of Purchase and Sale provides otherwise. Contact one of our Real Estate lawyers now
6. Does every sale of land need a survey? Yes, but an existing survey that the vendor has may be acceptable, if it meets current standards. Contact one of our Real Estate lawyers now
7. Does every sale of land need a title search? In our view absolutely yes – we will ensure that the vendor of the property has good and marketable title to convey to you. Contact one of our Real Estate lawyers now
8. Am I running any risk by buying land without having a lawyer? Yes, a lawyer is able to conduct a search of Registry of Deeds and the Sheriff’s Office in order to certify to you that you have acquired good and marketable title to the property. Contact one of our Real Estate lawyers now
9. What if my fence is on my neighbour’s property – can that be fixed without moving it? Sometimes this problem can be corrected, by drafting, signing and registered a Boundary Agreement between you and your neighbour, if they are agreeable. Contact one of our Real Estate lawyers now
10. Can I have a lawyer look at my offer to purchase before I make the offer? Yes, we love to see agreements before they are signed so we can help you avoid any potential problems with the agreement. Contact one of our Real Estate lawyers now
11. The property I want to buy has had environmental “issues” – what can I do to protect myself? It is best to consult with your lawyer before signing any documents. Your lawyer can discuss with you the environmental assessments that should be obtained from the appropriate government departments and/or private environmental companies, to make an informed decision. Contact one of our Real Estate lawyers now
12. What’s different about a Condo? When you own a condo, part of the property called a “unit” will be owned exclusively by you. Other parts of the condo property will be shared as tenants-in-common with other members of a condominium corporation. In an apartment style condo, for example, the apartment itself is exclusively owned by you, but the entrance, stairwells and hallways of the building outside of your apartment will be typically be classed as common areas which you will share with other owners in your building. Contact one of our Real Estate lawyers now
13. What is a real property report? A real property report shows the location of all structures on the surveyed parcel of land that you are buying. Such structures include the house, outbuildings, driveways, walkways and decks. It shows if there are any encroachments by neighbor’s structures on your parcel of land; and it will show if any of your structures are encroaching on any neighboring property. Your lawyer will review the real property report to see if there are any problems with the location of the structures. Contact one of our Real Estate lawyers now
14. What is title insurance and who pays for it? Title insurance may be available to insure certain specified defects in title, for land that is being purchased or mortgaged. Your lawyers will always discuss with you if title insurance is available or appropriate. Contact one of our Real Estate lawyers now
15. The Inspection revealed mold. Do I have to continue with the purchase? Depending upon the severity of the problem and the language of your agreement, you may not have to continue with the purchase. Contact one of our Real Estate lawyers now
16. There is no deed registered on the house I want to purchase but the owner’s family has had it for decades. Will you certify title? In order to certify title to land, our lawyers ensure there is a good root of title and a continuous chain of title at the Registry of Deeds. However, if the property has been in the possession of the current occupants for several decades, then these occupants may be able to prove that they are the owners by adverse possession or “squatter’s rights”. Contact one of our Real Estate lawyers now
1. How am I protected by incorporating a company? Generally speaking, a corporation’s assets and liabilities are considered to be separate and distinct from the assets and liabilities of the corporation’s shareholders and directors. So if the corporation of which you are a director or shareholder performs poorly, then this need not affect those assets that you own personally, other than those that you have contributed to the corporation. However, there are exceptions. Contact one of our Corporate/Commercial lawyers now
2. How do I incorporate a company? For starters, you will be required to prepare and register Articles of Incorporation, a Notice of Directors and Notice of Registered Office. There are other documents that should be prepared, maintained and updated by a corporation, including by-laws and documentation regarding annual general meetings. Our lawyers can assist in the preparation of the documents, and provide guidance about important decisions such as the type of share structure that is best suited to your corporation’s goals. Contact one of our Corporate/Commercial lawyers now
3. How do I go about acquiring an existing business? It is always good to start off such a transaction with a written and signed agreement, which has been carefully thought out and reviewed by both the vendor of the business and the purchaser of the business. There are many terms to consider besides the purchase price and the closing date. Our lawyers will review the business being purchased with you and will assist you in determining the form of agreement that will serve your needs and protect your interests. Contact one of our Corporate/Commercial lawyers now
4. How do I choose between buying the shares of the company or buying the assets of the company? There are many factors to consider when deciding to purchase the shares of a company or the assets of a company, depending on the nature of the business, tax implications, and the corporate structure of the existing business. Contact one of our Corporate/Commercial lawyers now
5. How do companies raise or borrow money? Two basic means of raising money are through the equity investments of shareholders and through debt financing from banks or investors. Contact one of our Corporate/Commercial lawyers now
6. Do shareholders of a company have to be directors as well? Shareholders do not have to be directors of a corporation, and directors of a corporation do not have to be shareholders. The roles and duties of directors and shareholders or a corporate are distinct. Contact one of our Corporate/Commercial lawyers now
7. Do I need written contracts with my employees? It is beneficial to have a written contract in place with your employees. Not only does this act as a record of what the terms of employment are, it also prompts both the employer and the employee to put some thought into what these terms should be, and the commencement of the employment relationship, to make sure that both parties have a mutual understanding of how the employment relationship will work. Contact one of our Corporate/Commercial lawyers now
8. How do I enforce a commercial contract when the other party has stopped performing? It is not always possible to force a party to complete its performance of a contract. However, you can bring a law suit to seek damages if the lack of performance constitutes a breach of contract. Contact one of our Corporate/Commercial lawyers now
9. How do I collect unpaid invoices? Sometimes it is necessary to bring an action in court, in order to compel a party to pay invoices. If you are successful in your action, then you can file your judgment with the Judgment Enforcement Registry, and pursue the various statutory mechanisms available to enforce the judgment. Contact one of our Corporate/Commercial lawyers now
10. How can a “Mechanics Lien” possibly help me recover an unpaid invoice? In certain cases, where you have provided materials or rental equipment or you have done work to make, construct, alter, improve or repair land, buildings or structures, you may be able to able to file a lien to recover an unpaid invoice. It is necessary to act quickly, as it takes time to prepare the lien documentation and there are deadlines for filing a lien. If a lien is filed and meets the statutory requirements, you may be able to obtain an order to sell the land, in order to have your outstanding invoices paid. Contact one of our Corporate/Commercial lawyers now
1. My company has been hired to do a sub-contract, and I am being asked to sign a written contract. In the past, we’ve always performed this kind of work on a handshake. Should I sign a contract? It is usually very helpful, for the protection of parties, to have a written contract. Before signing a contract, especially one prepared by another party, it would be beneficial review it with your lawyer, to ensure that you understand the terms and to suggest any desirable revisions or additions to the contract. Contact one of our Construction Law lawyers now
2. I am a general contractor, and I am hiring several other companies to assist me on a contract that was just awarded to me. I usually just issue a purchase order for this type of thing. Should I start putting a formal contract in place for this? A purchase order is actually a type of a contract. A purchase order will often contain contractual terms aside from just a description of the work done and the price. So long as the purchase order canvasses all of the terms of the agreement that you have reached with your sub-contractors, then it may suffice. Your lawyer will review the adequacy of your purchase order and to determine if a more comprehensive purchaser order or contract is advisable. Contact one of our Construction Law lawyers now
3. I have just started a business in the construction industry, and would like to get some government contracts. I hear about tendering for government contracts. What does this mean? There is legislation in this province which governs the award of contracts by both the federal and provincial governments. The process is called “public tendering” and is intended to enable all qualitied bidders to submit a bid for to obtain contracts from the government. Contact one of our Construction Law lawyers now
4. I am the owner of property, which is the subject of a lien because my general contractor did not pay one of its sub-trades. I haven’t heard anything about this for months. What happens next? The lien claimant should have filed a Statement of Claim in court and a Certificate of Action in the Registry of Mechanics Liens. If this has not happened within the time limits set by the legislation, then the lien claim would have expired. Contact one of our Construction Law lawyers now
5. I am the owner of property and a mechanics lien was placed on the property by a sub-contractor, because he was not paid by the general contractor that I hired to do work on the property. I still owe some money to the general contractor. Can I pay it directly to the sub-contractor, so I can get the lien removed? This may be an option for you. If so, there are special rules that must be followed for it to be effective. Contact one of our Construction Law lawyers now
6. I am a new contractor in the construction industry. I keep hearing about CCDC contracts. What are these all about? Should I sign one that has been presented to me? The Canadian Construction Documents Committee has generated a series of standard form contracts, with input from various stakeholders in the industry. These standard form contracts can be purchased from the CCDC. One advantage is that they provide consistency across the construction industry in Canada. Contact one of our Construction Law lawyers now
1. I had a routine surgical procedure in hospital, but I am not pleased with the results. I am having more problems now than before the surgery. I am concerned that something went wrong. What can I do? Our lawyers can obtain your medical records for you and then hire an independent doctor to review the records for a second opinion. Based upon this opinion, our lawyers will discuss your options with you. Contact one of our Medical Malpractice lawyers now
2. I would like to sue my doctor for a botched surgery, but I don’t have enough money do this. What are my options? Our lawyers may agree to pursue the action for you on a “contingency fee basis. Contact one of our Medical Malpractice lawyers now
3. I went into hospital for a routine surgery, but the surgical procedure was much more extensive than I had expected. Now I am off work for several months. Shouldn’t my doctor have explained this to me beforehand? A doctor is generally required to obtain informed consent from the patient. You may have signed forms or had general discussions about things that might go wrong in the surgery, prior to your surgery. Our lawyers can request your medical records on your behalf, and review them with you and an independent physician, to determine if your doctor had obtained the necessary informed consent. Contact one of our Medical Malpractice lawyers now
5. I am not pleased with the results of my surgery. I really like my doctor and don’t want to sue her unless my medical complications will continue in the long-term. Can I wait to see how I am doing in a couple of years’ time, before I decide whether or not to sue? Court actions against doctors must be brought within certain deadlines. If you wait too long, it may be too late to bring the court action. You shoud consult a lawyer as soon as possible to discuss what you must do to preserve your right to sue your doctor. Contact one of our Medical Malpractice lawyers now
6. Can I sue a dentist or pharmacist, in the same way that I can sue a doctor? Each of these professionals must meet the required standard of care for their profession. If they are negligent, then a lawsuit can be brought against them, to claim any damages that may have been caused by their error or omission. Contact one of our Medical Malpractice lawyers now
7. I was in hospital for several weeks. The nurses who were caring for me repeatedly prescribed the wrong medication and nobody noticed until it was too late. I now will have complications for the rest of my life. Can I sue the nurses? Our lawyers will obtain your medical records and conduct a review to determine who should be named in your lawsuit, which may include the hospital and your treating doctors as well as the nurses. Contact one of our Medical Malpractice lawyers now
1. What is an Aboriginal Right? Aboriginal rights arise from use and occupation of land by aboriginal people collectively over time and include but are not limited to rights such as the right to hunt and fish over traditional land. Contact one of our Aboriginal Law lawyers now
2. What is Aboriginal Title? Aboriginal title is in itself an Aboriginal Right derived from the continued use and occupation of land collectively by groups of Aboriginal peoples over time. Aboriginal title is different from title to land as viewed in the common law system. Contact one of our Aboriginal Law lawyers now
3. I have Aboriginal status, but I recently finished university and started working in St. John’s. Do I have to pay income tax? Only income earned by an aboriginal person working on a reserve is exempt from Federal and Provincial income taxation.Contact one of our Aboriginal Law lawyers now
4. I just became a member of the Qalipu Band. What are the tax implications? Only income earned by an aboriginal person working on a reserve is exempt from income taxation. However there are some opportunities for delivery of goods to an existing Reserve. Contact one of our Aboriginal Law lawyers now
5. We are non-aboriginal but want to start a business which would be within reserve lands. What is involved? Starting a business on Aboriginal land will require all the work associated with starting a business on non-aboriginal land as well as additional work and cooperation from the band and likely from other levels of government as well. Contact one of our Aboriginal Law lawyers now
6. I live on a reserve; can I sell my house to a non- Aboriginal person? What would be required? Real property transactions on Aboriginal land reserves are different than transactions on non-reserve land and may require permission from the band as well as different levels of Government. Contact one of our Aboriginal Law lawyers now
7. I have found deposits on Aboriginal land. Who needs to be involved and agree in order to develop these resources? Any resource development on Aboriginal land requires consultation with the Band itself as well as different levels of government. Contact one of our Aboriginal Law lawyers now
8. My application was recently approved by the Federal Government to be a member of the Qalipu Band. Do I have any hunting or fishing rights? No not necessarily, hunting and fishing rights are separate issues from Status under the Indian Act. Hunting and fishing rights are generally acquired through proving past use and/or occupation of the area in questions. Contact one of our Aboriginal Law lawyers now
9. Are there Métis rights in Newfoundland and Labrador? At this time it is uncertain whether there will be exclusive Métis Rights in Newfoundland and Labrador; Métis litigation has been extensive in Western Canada with varying levels of success. Contact one of our Aboriginal Law lawyers now
10. I am an aboriginal person from the United States. Does Canada recognize that? For purposes of the Indian Act, it only applies to Canadian Aboriginal People. Contact one of our Aboriginal Law lawyers now
Wills & Estates
1. Do I need a Will? A Last Will and Testament is an important part of estate planning. A Will allows a person to put their wishes into writing and set out how their property and affairs are to be dealt with upon passing. Not having a Will can create or trigger additional costs and uncertainty for loved ones left behind. Contact one of our Wills and Estates lawyers now
2. What is an executor and why do I need one? Your executor is an appointed representative of your estate, responsible for carrying out the terms and conditions of your Last Will and Testament. An executor can be a friend, family member, or even a beneficiary under the Will. When choosing an executor, you should choose someone reliable you can trust. Contact one of our Wills and Estates lawyers now
3. Who can witness my Will? Your Will cannot be witnessed by a beneficiary or the spouse of a beneficiary. A will which has not been properly witnessed may be invalid. Contact one of our Wills and Estates lawyers now
4. What are “Letters of Probate”? An executor named in a Will has the authority to apply to the Supreme Court of Newfoundland and Labrador for a grant of letters probate. Probate recognizes the special status of the executor and their ability to dispose of assets in the estate. Contact one of our Wills and Estates lawyers now
5. Why does an estate have to be probated? Not all estates require probate. Probate may be required where there is real property land or a house in the deceased’s estate, or where a financial institution requires proof of letters probate before releasing estate funds. Contact one of our Wills and Estates lawyers now
6. What if my loved one passed away without a Will? If a person dies without a Will their estate cannot go through probate. Instead, a process known as administration must be initiated. Our lawyers can help you sort out what is involved in the administration process, including determining who is a beneficiary at law. Contact one of our Wills and Estates lawyers now
7. Who has the right to be named Administrator? An administrator is a person who has been granted letters of administration. Since a Will does not exist to appoint an estate representative, consultation must be made to the legislation to determine who is eligible for a grant of letters of administration. Sometimes, more than one person is entitled to apply and their consent must be obtained. Contact one of our Wills and Estates lawyers now
8. I have children under the age of eighteen. How can I provide for them in my Will? Having a Will allows you to set up a trust for your younger children in the event you pass away, meaning they will become eligible to receive certain property or money under the terms and conditions of your choosing. You can also use your Will to appoint a legal guardian for your children until they reach the age of majority. Contact one of our Wills and Estates lawyers now
9. When should I consider having my Will revised or redone? You may wish to consider having your Will revised if you have recently acquired significant property or other assets. If you have recently remarried you should also have your Will redone. Contact one of our Wills and Estates lawyers now
10. As an Executor, what are my legal obligations? Being an executor is both an honour and a position of duty. As an executor, you have been placed in a position of trust and must dutifully and faithfully carry out the wishes of the deceased. Contact one of our Wills and Estates lawyers now
1. How do I apply for citizenship? Before applying for citizenship you must be a permanent resident and meet conditions set by the Government of Canada regarding age, time lived in Canada, language skills, criminal history and knowledge of Canada. If you meet the requirements you may submit an application either on your own or you may retain a lawyer to assist you with your application. Contact one of our Immigration lawyers now
2. What is permanent residency? A permanent resident is someone who has been granted “permanent resident status” by the Government of Canada but is not a Canadian citizen. A permanent resident cannot vote and may be ineligible for some jobs that require high-level security clearance. Someone who has been granted a temporary permit to reside in Canada (i.e. foreign worker or student) is not a permanent resident. Contact one of our Immigration lawyers now
3. Am I eligible for permanent residency? To apply for permanent residency you must not be inadmissible for one of the reasons listed in the Canadian Immigration and Refugee Protection Act and you must qualify for one of the Government of Canada immigration programs. Current programs include: Federal Skilled workers, Federal Skilled Trades Program, Quebec-selected skilled workers, Canadian Experience Class, Start-up visa, Self-employed Persons Program, Family Sponsorship, Provincial nominees, Live-in caregivers and refugees. You may apply on your own or retain a lawyer to assist you in preparing your application. Contact one of our Immigration lawyers now
4. How long do I need to be a permanent resident before I can apply for citizenship? You must have lived in Canada for at least 1,095 days in the four years before the date you sign your application for citizenship. Contact one of our Immigration lawyers now
5. Do I qualify as a federal skilled worker? You may qualify if you have the equivalent of one year full-time work experience in one of the eligible occupations, you meet the minimum language levels, have the requisite education and proof of funds required to support yourself and your family after arrival in Canada. Contact one of our Immigration lawyers now
6. Do I qualify for the provincial nomination program for permanent residency? You may be eligible for the Newfoundland and Labrador Provincial Nominee program if you have a job offer from a Newfoundland and Labrador employer that meets the provincial employment standards, have a work permit or are entitled to apply for one, intend to settle permanently in Newfoundland and Labrador and have sufficient settlement funds, and if the employer can demonstrate a need for your skill set. Newfoundland and Labrador also offers a specific nominee program for international graduates who have completed at least half their studies in Canada, have graduated from a publically funded Canadian college or university, have a full time job offer in their field of study or a related field of study from a Newfoundland and Labrador employer, have a post-graduate work permit, and have sufficient financial resources to establish themselves and their dependents in Newfoundland and Labrador. Contact one of our Immigration lawyers now
7. Am I required to support my sponsored family members? You must support your family members when they arrive in Canada and ensure they do not need to seek social assistance from the government. Contact one of our Immigration lawyers now
8. How do I get refugee status in Canada? You may apply for refugee status from outside Canada or from inside Canada at the port of entry. You may be granted status if you have a well-founded fear of persecution based on race, religion, political opinion, nationality or member in a particular social group (i.e. gender or sexual orientation) or if you are a person in need of protection because you face a danger of torture, risk to your life or a risk of cruel or unusual treatment or punishment in your home country. You may be ineligible if you have been recognized as a refugee by another country, you arrived in Canada via a safe country (i.e. the United States of America), you have engaged in criminal activity or human rights violations, or if you have previously be found ineligible, you have previously been rejected or you previously have abandoned or withdrawn a refugee claim. Contact one of our Immigration lawyers now
9. Do I need a work permit to work in Canada? For most jobs you will require a work permit to work in Canada; there is a short list of exempt jobs for which you do not need a work permit. International students with a valid study permit may not need a work permit to work on campus or to work under 20 hours a week off campus. Contact one of our Immigration lawyers now
10. I currently live outside of Canada and have a job offer to come work in the Newfoundland and Labrador oil industry. What do I need to do to start working? Your employer will likely to obtain a Labour Market Impact Assessment (LMIA) to hire you and you will need to obtain a work permit. Contact one of our Immigration lawyers now
11. I am a professional, am I certified to work in this field in Canada? If not, how do I get certified? Whether you are certified to work in Canada depends on your field of work, your training and experience. If you work in a regulated field (i.e. lawyer, doctor, etc) you should contact the professional regulatory body for more information. Contact one of our Immigration lawyers now
12. I am in living in Canada and I am a permanent resident, Can I bring my family to live with me? Extended Family? If you are a permanent resident you can sponsor your spouse/common-law partner and your dependent children under the Family Class application. You may also be able to sponsor your parents and grandparents. Your parents and grandparents may also qualify for extended “super visas” which will enable them to visit Canada for up to 2 years. You may be able to sponsor other eligible relatives under the Family Class but this is far more limited. There are different criteria for sponsoring the different categories of relatives. Contact one of our Immigration lawyers now
13. I am in Newfoundland on a one year work contract. Can I get a MCP card and would my family be covered? You may apply for MCP coverage if you are here on a work visa. You will have to provide the MCP office with a valid work visa (valid for 12 months) for a named Newfoundland and Labrador employer for a specific job in the Province. Coverage for your family would depend on their status in the Province. Contact one of our Immigration lawyers now
14. I have been told I am being deported. What can I do? You may submit a Request to Defer Removal or you may Appeal the Deportation Order to the Federal Court. You may apply to the Federal Court for a Stay of the Removal Order while you undergo the Appeal process. Contact one of our Immigration lawyers now
15. I had permission to study in Canada but I just finished School, can I stay in Canada and what is involved? You may apply for a post-graduation work permit. The work permit may be granted for up to 3 years, depending on the length of the program you completed in Canada. You must apply within 90 days of receiving written confirmation that you have met the requirements for completing your program. You must also have a valid study permit at the time you apply. Contact one of our Immigration lawyers now
16. I have been living in Canada but my work permit expired 5 years ago. Can I remain here and what is involved? You can apply to restore your work permit within the first 90 days after it expires but you have to stop working until the work permit is restored. Otherwise you must leave Canada or you risk being deported. If you do not leave voluntarily and are deported it will be more difficult for you to return to Canada in the future. Contact one of our Immigration lawyers now
1. How do I get a divorce?
To get a divorce, you or your spouse must apply to the Supreme Court of Newfoundland and Labrador. In some areas of Newfoundland and Labrador, the Supreme Court has a specific Family Division. In other areas, application can be made to the General Division. Contact one of our Family Law lawyers now
2. How and where do I file for a divorce?
You can apply for a divorce in Newfoundland and Labrador if you or your spouse has lived in the province for at least a year. Applications should be made to the Supreme Court of Newfoundland and Labrador in your area. Contact one of our Family Law lawyers now
3. How long do I need to be separated before I can get a divorce?
In Newfoundland and Labrador, you must be separated one year before you can get a divorce. However, the Court process can be started before the year is over. Contact one of our Family Law lawyers now
4. How long does it take to get a divorce?
The length of time required to get a divorce may vary, depending on the circumstances. If all issues have been agreed upon in a separation agreement, the court application for a divorce could be finalized in a few months, depending on the court schedule. If all issues are not agreed upon, it will take longer to finalize the terms of the divorce. Contact one of our Family Law lawyers now
5. How do I get custody of my child?
Failing agreement between them, one or both parents may apply to the Court to request a decision on custody and access, as well as any other outstanding issues. In some areas of Newfoundland and Labrador, this application can be made in Provincial Court, while other areas require application to Supreme Court. Contact one of our Family Law lawyers now
6. What types of custody are there?
Custody and access arrangements vary for each family, depending on the circumstances and the best interests of the child. However, the types of custody can generally be divided into these three broad categories:
Sole Custody Orders give a parent exclusive control over the upbringing of the child. The other parent is usually awarded access.
Split or Divided Custody Orders require the child to live for an extended period with one parent and then a similar or equal time with the other.
Joint Custody Orders give parents equal entitlement to the control and custody of the child. Usually, these orders direct one parent to have day to day care of the child and the other to have liberal access. The central idea is that one parent has the major role in the actual day to day care of the child with the other parent being given the right to be consulted in all significant decisions affecting the child’s well-being. This arrangement can only work if both parents are capable of fully cooperating with each other. Contact one of our Family Law lawyers now
7. How does a court decide who should have custody of our child?
The Court will decide who should have custody and access of a child based on what is in the best interests of the child. Contact one of our Family Law lawyers now
8. Can I get access to my children if they live in a different province?
Yes. An application for access can be made to the Court. You should discuss with a lawyer whether the application should be made in your province or the other province. Contact one of our Family Law lawyers now
9. Can I take my children with me, and move to another province, if I have custody?
Generally, one parent must obtain permission from the other parent before moving a child out of the province. If one parent wants to move and the other objects, the court will make a decision based upon the child’s best interests, taking into consideration many factors including the distance of the move, the present custody arrangement, the reason for the move and any detriment to the child. Contact one of our Family Law lawyers now
10. Do I have any rights as a grandparent?
The Court will allow a grandparent to make an application for access to a child in certain circumstances. Contact one of our Family Law lawyers now
11. How do I sue for child support and how is it determined?
Child support is generally determined using the Federal Child Support Guidelines, although the Court can take other factors into consideration. Once custody, access and entitlement are decided, the Guidelines calculate the amount of child support by looking at the income of the paying parent(s), the province where that parent lives, the number of children and where the children live. Contact one of our Family Law lawyers now
12. How do I sue for spousal support and how is it determined?
You can apply to the Court to claim spousal support. There are many factors that determine entitlement to spousal support. With respect to the calculation of spousal support, the Spousal Support Guidelines are often considered, but there are other factors. Contact one of our Family Law lawyers now
13. Am I required to pay spousal and/or child support?
Whether or not a parent is required to pay child support depends on many factors, including the custody and access of the child and the paying parent’s income.
Whether or not a spouse is required to pay spousal support depends on many factors, including the roles of the spouses during the marriage. Your lawyer can have a detailed discuss with you to determine the likelihood of whether a Court would award spousal support in your specific circumstances. Contact one of our Family Law lawyers now
14. How long do I need to pay child support?
The Court determines the length of time that child support is payable. Generally, child support is payable while the child is a minor, but the length of time can be extended when the child is dependent on the parents for a longer period, such as if the child is attending post-secondary education. Contact one of our Family Law lawyers now
15. How long do I need to pay spousal support to my ex?
The Court determines the length of time that spousal support is payable. There are many factors to be considered, including the age of the parties, the financial position of the parties and the length of the marriage. Contact one of our Family Law lawyers now
16. Are child support and child custody orders permanent? What about spousal support?
Child support and custody orders can be amended at any time, by applying to the Court. Generally, applications to amend are made when there is a significant change in circumstances from those at the time of the original order. Contact one of our Family Law lawyers now
17. How does the court decide who keeps what during a divorce?
Generally, matrimonial property is equally owned by both spouses and this ownership is taken into consideration when assets are divided, such that each spouse gets an equal value of assets overall. However, the Court can take other factors into consideration when deciding if one spouse is entitled to a greater percentage of a specific asset and the Court will make a determination about which spouse keeps a specific asset based on the circumstances. In some cases, the assets can be sold and the sale proceeds can be split between the spouses. Contact one of our Family Law lawyers now
18. What happens to our house if we get divorced?
Generally, the matrimonial home is deemed to be owned by spouses equally. During a divorce, the house can be sold to a third party and the proceeds divided or one spouse can buy out other spouse’s half interest. If an agreement cannot be reached, either spouse may apply to the Court for relief. Contact one of our Family Law lawyers now
19. Can I sue for part of my spouse’s business?
There are some circumstances where you may be entitled to compensation due to your contribution to your spouse’s business. There are many factors to be considered that will impact the likelihood of success. Contact one of our Family Law lawyers now
20. Do I need a lawyer to get a divorce?
Having a lawyer is not a requirement to get a divorce. However, you should consult with a lawyer in order to be fully aware of your rights and your obligations during any divorce or separation matter. Contact one of our Family Law lawyers now
21. How do I get a separation?
A separation occurs when a couple, married or common law, no longer lives together as a couple. In order to have a written agreement regarding the terms of your separation, you and your spouse may sign a separation agreement. The separation agreement can deal with all issues, including child custody and access, child support, division of assets/property and division of debts. Contact one of our Family Law lawyers now
22. My spouse and I have agreed to separate. Can we put the terms in writing?
Yes, it is best to have a written separation agreement prepared by a lawyer. A written separation agreement will clearly show the terms that have been agreed upon by the spouses. If one spouse later does not honour the terms of the agreement, then the written agreement can be submitted to the Court to be enforced. Contact one of our Family Law lawyers now
23. Do I need a separation agreement and how do I get one?
In order to be sure that your separation agreement deals with all matters thoroughly, you should consult a lawyer. If some terms have not been agreed upon, we can help you negotiate the best terms for you. If all terms have been agreed upon, we will prepare the agreement and ensure your interests are protected. Contact one of our Family Law lawyers now
24. What is the difference between a common law relationship and marriage?
The Family Law Act sets out rules for dividing property and debt for married couples, but not for common law couples (unless they have opted into the Act through a marriage contract). When people are in a common law relationship, they can apply to the court for a division of their home based on their relationship, but there is no legislated or automatic right to half the value of the home. Similarly, the rights of common law couples with respect to employment benefits, insurance benefits and pension benefits vary depending on the policies in place. Contact one of our Family Law lawyers now
25. Do I have any rights if I was not legally married?
Yes, you do have rights and obligations after a separation even if you are not legally married. Our lawyers can assess your rights and obligations. Contact one of our Family Law lawyers now
26. What do I do if I was served with divorce/custody/support papers?
The documents that have been served on you should state what you have to do. Often, you have to file documents with the Court within a certain time. It is very important that you consult with your lawyer as early as possible so that all documents can be filed within the required time. If you fail to file the required documents, the Court can proceed without them. Contact one of our Family Law lawyers now