Keep these issues in mind to provide a complete array of legal services.
Family Law deals with diverse issues that touch the core of people’s lives. Issues such as decision-making and parenting time for children must be deal with in the utmost care and professional competence.
Our team at Dhillon Murthi Law Professional Corporation also recognizes the issues surrounding different cultures such as South Asian families that can include complex dynamics with extended family members and unique ties to their native lands.
Once you have made the difficult decision to end your marriage, the next step is to make it legal by obtaining a divorce. Valid grounds for divorce in Canada include:
Living separate and apart for at least a year;
Physical or mental cruelty
A divorce can be either contested or uncontested depending on the circumstances. Obtaining a divorce can be expensive and complicated depending on your situation.
Even a simple divorce may trigger other considerations such as limitation periods for certain claims. For example, you are required to make a claim for equalizations within 2 years of the divorce being granted or within 6 years of the separation. Otherwise, you may not be able to obtain this relief. It is important to consult a lawyer who can help you navigate the process and obtain the best results for you.
Decision-Making and Parenting plans occur in the larger context of a family’s cultural and religious life. Our multi-cultural team of lawyers understand your cultural needs and contexts to help you better.
A number of factors can make child support issues more complex such as where the payor parent is self-employed, has chosen not to work, earns some portion of their income in cash or where the children reside almost equally with both parents. It is important to consult a lawyer to discuss these issues more thoroughly. Child support may further be complicated if both parents live in different provinces or countries and income is earned in different currencies.
It is important to speak to a lawyer to determine if you have an obligation to pay or are entitled to receive spousal support. See the following for more information on spousal support (link to blog post on this issue).
Property division can be further complicated if properties exist in different countries.
In Family Law property can include tangible and non-tangible assets.
Any inheritance, gifts, or insurance proceeds will also have a significant impact on division of family property.
A marriage contract or prenuptial agreement is an agreement between spouses that can be entered into prior to marriage or any point during the marriage.
Marriage contracts and cohabitation agreements can be useful in setting out both parties rights and obligations on the dissolution of the relationship. Retaining a lawyer to assist in the negotiations and drafting of a cohabitation or marriage contract can ensure that you are agreeing to equitable terms for property division, spousal support, child support, custody, access and dispute resolution process. It will also protect any agreement from legal challenge if there is a future dispute.
Ontario courts have been closed or working on limited schedule due to the pandemic. The case backlog has increased significantly, making ADR an attractive alternative.
Q: What Are Limited Scope or Unbundled Services?
Unbundled or limited scope services allow you to hire a family law lawyer to assist with you with a specific task in your matter while you remain responsible for everything else. For example, you may retain a lawyer to prepare a specific court document for you. The lawyer’s work would end after he or she prepares the document and delivers it to you. You would be responsible for attending court or preparing and filing any other materials required in your matter. The specific task your lawyer will be responsible for will be outlined in an agreement between you and the lawyer.
Q: How do unbundled services of limited scope retainers differ from a full retainer
When you retain a lawyer fully they will handle your matter in its entirety, including drafting all documents, correspondences with the opposing party, preparing for and attending all court appearances, finalizing any settlements, attending mediations etc. You will be billed at the lawyer’s hourly rate for the time the lawyer spent on all of these tasks. Under a limited scope retainer, a lawyer will only assist you with a specific task in your matter and you will be responsible for all other steps. Deciding what type of legal services you require depend on a number of factors, including your comfort level with the processes, the nature of your family law proceedings and your budget. We are happy to discuss with you what option may be most suitable for you.
Q: What are the benefits of limited scope or unbundled services
The benefits include