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Legal Separation: What Is It and How Do You Get One?

Family lawyers are often flooded with questions related to separation and divorce from their clients. However, some people tend to get confused and they assume that separation and divorce are same. Practically speaking, it’s totally a wrong. Oakville family lawyers try to make it clear that legal separation is nothing but when two partners decide to stay apart from each other without the intent of coming back together.

Legal Separation

Family lawyers make it a point that as per the Canadian law, there is no need to file for legal separation. As soon as the spouses start to stay separately they can be considered to be legally separated. However, one thing which needs to be cleared that the term ‘legal separation’ can be used for describing the contract which gets created during the time of separation.

One thing which can be kept in mind is that one can remain forever separated without applying for divorce also. Only if a partner wishes to remarry then it would be better to opt for divorce taking the help of Oakville family lawyers.

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Other Reason to Get Legal Separation

Many people are in a dilemma and don’t understands whether legal separation would be a better option for them. Yes staying separately would be far better if one sees that their mental wavelength is not matching with them anymore. Moreover, if spouses find that they are not any more compatible with each other, then opting for legal separation would be idea.

Legal Separation: Two Types

Oakville family lawyers point out that the province of British Columbia, legal separation can be of two forms.

They are:

1. Physical Separation

It is considered to be the easiest forms of separation. The time form which one spouse leave the shared residence can be highlighted during separation. However, due to different issues one spouse may not be able to immediately vacate a place. This is when both parties can leave separately under the same roof, by remaining resolute that they will not be having any physical relationship.

   2 .Permanent Separation

Oakville family lawyers opine that according to the Family Law Act, courts can consider for permanent separation when both parties are not interested to get separated permanently. If the court is satisfied with the evidence then it might give an order to get couples permanently separated. Taking into account the date from which the parties are staying separately can help in filing for divorce later on.

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Getting Legally Separated

Unlike divorce, married spouses can get legally separated. Once the separation process gets initiated Oakville family lawyers can help their clients to make spousal support claims or child support. Here, one thing that must be kept in mind is that only married couples can ask for the division of property after they have been separated. It would help a spouse to secure their future.

Instead of breaking down on the issue of getting separated, it would be better if one handles it in a matured manner. In order to help with the legal issues, it would be better to take the help of an expert.

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Immigrants with a Canadian Education Make More Money

Canada is one such country that doesn’t require a lot of advertisement for inviting people to come and work in Canada or for studying in Canada. The country is considered to be a safe haven for the immigrants. It is because the country offers a sea of opportunities. The country not only provides great work opportunities, improved living condition, but also better educational opportunities.

According to Toronto’s best immigration lawyer, one thing which is loved by the immigrants mostly is the easy immigration policy. Moreover, while working in Canada, one would not become robots. Rather they would love the work culture that is prevalent. Similarly, students who immigrate to Canada in order for studying can be benefitted in a number of ways.

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Studies Have Shown

According to a latest study, it has been seen that immigrants with Canadian study and work experience are bound to earn more than immigrants who have acquired education degree from other universities. The study showed that after completing their educational program, many students extended their permit in order to gain some work experience.

Canadian employers give more preference to candidates who have studied and worked for a certain period of time in Canada. Moreover, they become more eligible for gaining permanent residency also. However, Toronto’s best immigration lawyer points out that the Canadian candidates are in distinctive advantage because of their improved language ability and better social networking. Hence, their chance to earn more money gets increased.

 

How Immigrant Student Can Get Help?

Another study showed that immigrants with Canadian education easily received a top slot for a job profile. It is mainly because the immigrant student could easily adapt to any situation. Most importantly, it is seen that the immigrant has stayed in the country for a long time gives him the benefit that they can work easily by getting adjusted with the environment.

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According to Toronto’s best immigration lawyer, former students who immigrated to Canada before the Express Entry System was introduced earn more money. However, on the other hand, students who receive education from other foreign institutions can enter to Canada only if they have certain years of experience and good career. While work experience of the immigrant can be a contributing factor for determining their earnings.

In case, one needs to take a look into long-term finances, it has been seen that immigrants with Canadian education, work experience and language ability is going to earn more than a candidate with foreign education and work experience. However, the situation may vary from one province to another.

International students while finding a job in Canada might need to enroll for an internship program. On the other hand, Toronto’s best immigration lawyer points out that many students can try to opt for post-graduate work permit. This permit would allow students to allow a certificate and then settle for a job. Once, successfully settled, one could easily apply for permanent residency.

Students before coming to Canada should consult Toronto immigration lawyer. They would ensure the immigration process becomes successful. Thus, a student can easily settle in Canada.

 

Caught with Drugs? What to Do?

Under the Criminal Code of Canada, any kind of criminal charge can be very serious. A person when charged with the possession of drugs can face severe penalties, such as fine and jail term. In fact, criminal lawyer Toronto points out that every year, thousands of people are arrested for the possession of certain kind of controlled drugs. Thus, lawyers are pointing out that those who are getting charged for drug possession shouldn’t expect favorable outcome.

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Drug Possession: A Serious Offence 

Under the Criminal Code of Canada, drug possession can be divided into three types. They are:

  • Personal possession

The accused person is well aware of the fact that he/ she holds the custody of the drug in question and have a complete idea of it.

  • Constructive possession

An accused should have a total knowledge about the item, i.e. drug. Also, the person is determined to use the item and also take control of it.

  • Joint possession

Basically, it can refer to multiple people who were given the custody of the item or object.

For all these types of possessions, an accused is considered to be guilty. There is no need to prove beyond reasonable doubt the guilt of the accused. However, criminal lawyer Toronto points out that for an innocent person accused for possessing drugs, the law is not that strict. Circumstantial evidence needs to be proven in court to show the innocent person is guilty.

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Things to Know When Caught with Drugs

When a person is caught with drugs in Canada, the person is convicted under Controlled Drugs and Substances Act (CDSA). The drug offences are:

  • Possession of prohibited or controlled substance.
  • Trafficking of prohibited and controlled substance.
  • Possession of controlled substance with the intent of trafficking
  • Producing or cultivating controlled substance.

Depending on the type of drug with which the person was caught, the sentencing of the court depends. Apart from long jail term, a person’s travel plan might be restricted. Also, the accused person stands the chance to lose their job.

Hence, when a person is charged with drug possession, experienced criminal lawyer Toronto can easily defend the drug charges of their client. Whether one is guilty of possessing the drugs, is decided later on. First of all the accused is arrested or taken into custody.

It is the right of the accused to get in touch with a criminal attorney. The attorney will check whether the criminal offences, investigation, prosecution, and arrest have taken place in accordance to the rights. The rights are clearly mentioned in the Charter of Rights and Freedoms.

At this point, criminal lawyer Toronto can appeal to the judge that the evidences were not procured according to the rights. If the judge gets satisfied with the evidence that accused person’s right was violated, the judge would dismiss the case.

Criminal lawyer Toronto can help the accused to understand the merit of their case. They can provide best representation so that their client’s case gets dismissed if not guilty. If guilty, they ensure the client gets minimal punishment.