Family Law
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While some family law issues can be relatively straight forward to resolve, the complexity of a family law dispute often results in a tangled web of complicated custody, support and property issues that must be unravelled according to the applicable legal rules and jurisprudence.
Perera Law understands the emotional and financial toll that a separation or divorce can take on a person and their family and this is always kept in mind during every step – Perera Law is here to walk you through the process, whether it be drafting a separation agreement or commencing a court application. Trust Perera Law’s legal expertise and experience to help you navigate through the legal labyrinth that is family law.
Perera Law is here to help, so let’s work together.
Separation Agreements
Preparing a separation agreement is one of two ways to resolve a family law dispute in Ontario (the other being through a court proceeding). The length of time involved in preparing a separation agreement depends on the complexity of the issues and how much in agreement the parties are or how willing they are to come to an agreement. Every term of the agreement must be agreed to by both parties and each party received independent legal advice from their own lawyer before signing the final agreement.
Cohabitation Agreements
Preparing a separation agreement is one of two ways to resolve a family law dispute in Ontario (the other being through a court proceeding). The length of time involved in preparing a separation agreement depends on the complexity of the issues and how much in agreement the parties are or how willing they are to come to an agreement. Every term of the agreement must be agreed to by both parties and each party received independent legal advice from their own lawyer before signing the final agreement.
Parenting Agreements
Sometimes separating couples do not need a full agreement that deals with property and other family law issues, but rather only an agreement that focuses on custody and parenting time after separation. These types of agreement can help remove uncertainties and avoid confusion and disputes that often arise with respect parenting issues post-separation.
Consultations
Family law issues can be lengthy and complex, not to mention draining during a probably already difficult time in your life, which is why it’s important to consult with a legal professional who can at least try and simplify the issues and point you in the right direction even if you are not prepared (whether it be mentally or financially) to retain a lawyer to resolve your matter.
Divorce Application (Uncontested & Contested)
It is sometimes the case that a couple is unable to come to an agreement on their family law issues, even with the help of their respective lawyers. In these cases, it may become necessary to begin a court action by filing an Application with the appropriate court that being the Ontario Court of Justice or the Superior Court of Justice depending on the family law issues in question.
Marriage Contracts (aka: Pre-Nuptial Agreements)
A common misconception is that a marriage contract, or a pre-nuptial agreement, must be entered into prior to marriage, but in fact a marriage contract can be entered at any point during the marriage. With that said, there are certain rights to the matrimonial home that cannot be dealt with by way of a marriage contract.
Independent Legal Advice
Independent legal advice is an important aspect in family law when it comes to domestic contracts. Although you and your partner, or ex-partner, may have agreed on the terms of your agreement it is important that each respective party seeks the advice of an independent solicitor that will look at his or her client’s best interests in light of the entire agreement.
Common Questions:
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Q1. Property
In Ontario property issues are dealt with by Part I of the Family Law Act by a method called “Equalization of Net Family Property” which only applies to married couples.
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Q2. Custody and access
Custody refers to decision-making for the children while access refers to parenting time for parent the children do not live primarily with.
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Q3. Child support
In Canada, child support is dictated by the Federal Child Support Guidelines and varies based on one’s income, the number of children and the province in question.
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Q4. Spousal support
Spousal support can be claimed by legal and common-law spouses and is influenced by the Spousal Support Advisory Guidelines.
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Q5. Matrimonial home
The matrimonial home receives special treatment in family law and is dealt with under Part II of the Family Law Act.
Inquiry
Perera Law is here to help, so let’s work together.
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Perera Law located at
400-2 County Court Boulevard
Brampton, Ontario L6W 3W8
Phone: 905-595-6812
Fax: 647-905-5764
Email: thilini@pereralaw.ca