Brampton Family Lawyer

FAMILY LAW

Family disputes are emotionally draining. We understand that.

 

At Dhindsa Law, we value each other and our clients as a family does. This value prompts us to approach each Family Law case with care and attention. We don’t just offer a listening ear but provide you with experienced legal advice and services.

 

We understand that each case is unique, and we strive to design ideal solutions based on the nature and circumstances of each case.

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Divorce

You need to get a divorce, before remarrying

 

To remarry, you need to get a divorce. It is important to speak with a lawyer to understand when you can obtain a divorce, and what you need to do to obtain a divorce. Find  competent lawyer to discuss your options before you proceed in any direction. There are certain bars to divorce and there is a statutory wait period before granting the divorce; you must be aware of all the legalities surrounding your divorce before proceeding any further. No matter how long you have been separated for, a divorce order must be granted by the competent court before you can remarry.

 

Parenting Plans

 

Care for a Child after Separation

 

When parents separate, it is important that they have a proper parenting plan. This is important for both the parents and the children. Access and custody arrangements may vary from one family to another. The common types of custody are joint, sole or shared custody.

 

Child support

 

It is a liability of the non-custodian parent

 

Child support is a liability of the parent who doesn’t have custody of the child subject to shared parenting agreement or any other applicable qualifications. The amount of child support that must be paid depends on the paying parent’s gross income. While there are some factors that will impact the amount of child support that is payable, the following link gives you an idea of how child support is calculated http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp The child support order is usually enforced by Family Responsibility office (‘FRO”)

 

Custody and Access

 

A custody refers to the right and responsibility of a parent to make major decisions for the child for example education, religion and non–emergency health care.

 

Sole custody means one parent makes all major decisions

 

Joint custody means that both parents make major decisions for the minor child jointly.

 

Access means the time the non-custodial parent has the child in his or her care.

 

Equalization & Family Property

 

Matrimonial property rights in Ontario are set out in Family Law Act. Only married and formerly married spouses are granted these rights. Unlike married couples, the common law spouses have no statutory rights. Their claims are restricted to resulting and constructive trust
claims. The equalization of family property is only for married parties not for common law couples. The formula is designed to calculate the growth of each spouse’s net family property and to determine the appropriate equalization payment.

 

Example: A married couple, A and B, decided to separate. At the date of marriage, A owned a truck worth $ 10,000 and has debt of $5,000. Similarly, B has property of $ 2,000. On valuation date, A has savings of $ 50,000. A also owns the truck at the valuation date with dropped price of $ 7,000 and B on the other hand has property of $ 20,000.

 

Step 1: Each party’s net worth at the time of marriage
A’s net worth: $ 10,000- $ 5,000 debt = $ 5000
B’s net worth : $ 2,000

 

Step 2: Each party’s net worth at the time of separation (Valuation date)
A’s net worth : $ 50,000 + $ 7000= $ 57,000
B’s net worth : $ 20,000

 

Step 3: Each party’s net increase in family property
A’s net family property: $ 57,000- $ 5,000= $ 52,000
B’s net family property: $ 20,000- $ 2,000= $ 18,000

 

Step 4: Calculate the equalization payment
A’s higher net family property- B’s lower net family property/ 2= $ 52,000- $ 18,000/2
$ 34,000/ 2 = $ 17,000

 

Since A had the higher net family property, therefore A must pay $ 17,000 to B the equalization claim.

 

The aforementioned example is not applicable in all cases, the equalization depends on facts and circumstances of each case.

 

Resolving Family Law Issues

There are many different options for resolving family law disputes. We work with our clients to pursue the best course of action to resolve their issues, based on a consideration of the issues at stake, the positions of the parties and the costs associated with each process.

 

Mediation:

 

Mediation involves bringing in a neutral third-party to help the parties resolve the issues between them. A mediator is not a judge but is someone who can help the parties work through their issues and agree on a resolution. Before initiating the mediation process, both
sides need to consent to mediation, as a solution. If both parties are willing to resolve their issues by mediation, this can be a less expensive and quicker process than resorting to the courts.

 

Collaborative Law:

 

Collaborative law involves the parties retaining competent legal representation to help them resolve their

issues. Each party signs an agreement of participation. This method of resolution works when the parties can communicate with one another, and both wish to resolve their issues in an amicable manner. To reach an agreeable solution, both sides with their lawyer(s) may need to attend several meetings.

 

It is usually a cost-effective and speedy process.

Arbitration:

Arbitration is like hiring a private judge. The arbitrator is usually a retired Judge or senior lawyer and is qualified to conduct the arbitration. The parties each hire legal representation and they share the cost of the arbitrator. An arbitration proceeds very much like a case in court, but it can usually be completed faster. Arbitration also offers the benefit of being confidential.

If you desire early dates and a speedy process, arbitration may be the right approach, but it will cost you more.

 

Adversarial system

 

This is the Court system. It is typically lengthier and more time-consuming than any of the other options. It is possible to proceed with the other options, e.g., mediation, arbitration, or collaborative law, even if you are also proceeding through the court system. For example, even though you are dealing with the issues in the court, you may try to resolve some or all the issues through mediation.

Domestic Contracts
 

Marriage contracts: The parties can enter into these contracts prior to or after marriage but before the breakdown of marriage. It is a good way to save your assets from equalization. Generally marriage contacts are framed to deal with the issues of ownership in or division of property; support obligations; the right to direct the education and training of children but not custody and access.

 

Cohabitation agreements: These are usually entered into by unmarried couples to deal with financial aspects of their cohabitation, rights and obligations on its termination but not custody and access for the children. These agreements can be made before or during the cohabitation period.

 

Separation agreements: These are good option for couples who are separating but don’t want to litigate and waste their money and time in court proceedings. These agreements deal with all rights and obligations arising out of relationship and breakdown on permanent basis.

 

Apart from aforementioned services we provide litigation services in family law.

If you are looking for family lawyer services call our firm, Dhindsa Law at 437 998 1429