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Understanding Your Rights During a Divorce in Manitoba

Divorce can be emotionally and legally challenging and it is okay to feel overwhelmed but knowing your rights and ensuring that you are informed and supported on every step of the way can make the process smoother. In Manitoba, the law considers fairness, and the best interests of any children involved. Here’s what you need to know about your rights during a divorce.

  1. Grounds for Divorce
    In Canada, there is only one ground for divorce: the breakdown of a marriage. This can be established through:
    a. Living separate and apart for at least one year.
    b. Adultery by one spouse.
    c. Cruelty by one spouse.
  2. Division of Property
    Manitoba follows the principle of equalization (equal division) of family property acquired during the marriage regardless of who holds legal title of the property and perhaps, if spouses can not reach an agreement, the Court of King’s Bench could decide based on the following factors:
    a. the length of the marriage.
    b. the contributions of each spouse to the acquisition of the property.
    c. any economic disadvantages suffered by one spouse;
    d. any agreement between the spouses regarding property division
  3. Parenting Arrangement (Child Custody and Access)
    The court determines custody and access based on the child’s best interests, considering:
    i. Emotional ties between the child and each parent.
    ii. Spouse who stands in the place of parent
    iii. Stability and environment.
    iv. The child’s preferences, depending on their age and maturity.
  4. Spousal and Child Support
    Child Support: Calculated based on the income of the paying parent and Manitoba Child Support Guidelines Regulation except in a situation where the Divorce Act applies or one of the parents of the child lives in another Province, in such situation, the Federal Child Support Guidelines Regulation would apply.
    Spousal Support: Depends on factors like the length of the marriage, financial circumstances of each spouse, roles played by spouse during marriage, impact of the breakdown of the relationship on each spouse financial situation and economic advantages and disadvantages arising from the marriage or its breakdown.
    Divorce is complex and overwhelmed, but you don’t have to navigate it alone. At MA Adebisi Law Office, we provide compassionate and effective legal support on every step of the way to help you protect your rights. Contact us today for a consultation.