Harminder Dhillon’s Law Office provides affordable legal advice for all family law matters servicing the Mississauga, Brampton and surrounding communities. Our representation covers the following broad areas of legal issues:
Divorce Certificates are a public acknowledgment that the marital relationship between two spouses has been severed. In Canadian law, the breakdown of a marriage is the only ground for divorce as evidenced by the spouses' separation for at least one year, by cruelty or by adultery.
Divorce proceedings are especially harsh when children are involved. You need to ensure your relationship with the child is minimally impacted over the course of the proceedings.
The basic amount of child support payable is set out in the tables of the Child Support Guidelines and based on the income of the payor parent. In addition to the basic amount, an additional amount may be payable for special or extraordinary expenses of the children. While it may seem straightforward to determine child support by simple application of the Guidelines, various issues may arise that have serious consequences for both the payor and recipient.
Both married spouses and common law spouses share obligations to support the other partner. While these obligations continue after the relationship has broken down, the amount of spousal support awarded is discretionary with the amount of support ordered depending on the needs of the recipient and the ability to pay of the payor spouse. Various circumstances of the relationship that impact a spouse's ability to generate an income from his or her own resources will also be considered.
All separated spouses are entitled to an equalization of their net family property i.e. the value of all types of ‘property' i.e. land, buildings, bank accounts, businesses, stock, stock options, pensions' accounts receivable etc. This means that spouses are entitled to the value of the property not the division of the property itself.
Unlike married spouses, the entitlement of common law spouses to equalization of net family property is highly dependent on the circumstances relating to their relationship and the property in question. Contact our office and let us help you protect your rights.
The matrimonial home is property that the spouses ordinarily occupied as their family residence at the time of separation. Regardless of registered owner, either spouse may be entitled to possession of the home to the exclusion of the other spouse in certain circumstances. If you are a registered owner of the matrimonial home, you may be entitled to force a sale of the property before all issues are finalized.
Contact our office to determine what your options are when the matrimonial home is at stake.
Couples wishing to enter into an agreement with each other prior to (pre-nuptial agreements) or after marriage need to define, expand or limit the rights and obligations afforded to them under family law legislation. Unmarried spouses may have a need for cohabitation agreements which will address obligations for support and avoid potential property claims that may arise during a couple's common law relationship. If you would like advice in this regard, please contact out office and obtain our expert advice.
A separation agreement is a more effective and cost-efficient approach to separating as opposed to highly expensive and emotionally exhausting divorce proceedings. These agreements are legally binding contracts which settle all claims arising out of the separation of parties.
To obtain a separation agreement, full financial disclosure must be provided by both parties. Where there are issues of support and property division, the requirement for exchange of information can be extensive, depending on the circumstances of the parties and the complexity of the financial issues.
Prior to negotiating an agreement it is important to know your rights in this process. Contact our office for more information.
Where negotiations and alternate dispute resolutions have been unsuccessful, you may have to look to the courts for assistance. Contact our office to ensure your rights are effectively represented and to assert claims for and/or obtain immediate relief on an interim (temporary) basis concerning issues of: custody/ access, child support, spousal support, possession of the matrimonial home, equalization, dissipation of property, restraining orders etc.
Most cases begin with negotiation. If no agreement can be reached, cases usually proceed as follows:
Divorce Proceedings
Divorce Certificates are a public acknowledgment that the marital relationship between two spouses has been severed. In Canadian law, the breakdown of a marriage is the only ground for divorce as evidenced by the spouses' separation for at least one year, by cruelty or by adultery.
Separation begins to run as soon as the spouses no longer reside together; there is no necessity to have a separation agreement . In order to obtain a divorce, you must be “legally separated” for at least a year. In some cases, separation occurs while the spouses remain under the same roof, but live separate and apart, provided that they (or at least one of them) has formed the clear intention not to live together.
Child Care Custody
Divorce proceedings are especially harsh when children are involved. You need to ensure your relationship with the child is minimally impacted over the course of the proceedings.
Any decision as to which parent will be awarded custody and the most appropriate visitation agreement will be determined by the bests interests of the child.
The relationship with your child demands you get professional advice and support to ensure the fairness of any legal decision, especially when a resolution cannot be reached. Contact our office to see how we can help you.
Child Support:
The basic amount of child support payable is set out in the tables of the Child Support Guidelines and based on the income of the payor parent. In addition to the basic amount, an additional amount may be payable for special or extraordinary expenses of the children. While it may seem straightforward to determine child support by simple application of the Guidelines, various issues may arise that have serious consequences for both the payor and recipient.
Spousal Support:
Both married spouses and common law spouses share obligations to support the other partner. While these obligations continue after the relationship has broken down, the amount of spousal support awarded is discretionary with the amount of support ordered depending on the needs of the recipient and the ability to pay of the payor spouse. Various circumstances of the relationship that impact a spouse's ability to generate an income from his or her own resources will also be considered.
Property Division as Between Married Spouses:
All separated spouses are entitled to an equalization of their net family property i.e. the value of all types of ‘property' i.e. land, buildings, bank accounts, businesses, stock, stock options, pensions' accounts receivable etc. This means that spouses are entitled to the value of the property not the division of the property itself.
This equalization process may result in one spouse (the one with the greater net family property) owing the other spouse a debt (equalization payment); a debt that may amount to more or less than half of the other spouse's assets.
Your lawyer will be your best guide to navigating the numerous complexities governing the equalization of net family property and to ensuring that your legal and economic rights are effectively represented. Call our office now for effective representation.
Property Rights Between Unmarried Spouses:
Unlike married spouses, the entitlement of common law spouses to equalization of net family property is highly dependent on the circumstances relating to their relationship and the property in question. Contact our office and let us help you protect your rights.
Exclusive Possession of Matrimonial Home:
The matrimonial home is property that the spouses ordinarily occupied as their family residence at the time of separation. Regardless of registered owner, either spouse may be entitled to possession of the home to the exclusion of the other spouse in certain circumstances. If you are a registered owner of the matrimonial home, you may be entitled to force a sale of the property before all issues are finalized.
Contact our office to determine what your options are when the matrimonial home is at stake.
Negotiation and Preparation of Domestic Contracts:
Couples wishing to enter into an agreement with each other prior to (pre-nuptial agreements) or after marriage need to define, expand or limit the rights and obligations afforded to them under family law legislation. Unmarried spouses may have a need for cohabitation agreements which will address obligations for support and avoid potential property claims that may arise during a couple's common law relationship. If you would like advice in this regard, please contact out office and obtain our expert advice.
Negotiation and Preparation of Separation Agreements:
A separation agreement is a more effective and cost-efficient approach to separating as opposed to highly expensive and emotionally exhausting divorce proceedings. These agreements are legally binding contracts which settle all claims arising out of the separation of parties.
To obtain a separation agreement, full financial disclosure must be provided by both parties. Where there are issues of support and property division, the requirement for exchange of information can be extensive, depending on the circumstances of the parties and the complexity of the financial issues.
Prior to negotiating an agreement it is important to know your rights in this process. Contact our office for more information.
Legal Proceedings:
Where negotiations and alternate dispute resolutions have been unsuccessful, you may have to look to the courts for assistance. Contact our office to ensure your rights are effectively represented and to assert claims for and/or obtain immediate relief on an interim (temporary) basis concerning issues of: custody/ access, child support, spousal support, possession of the matrimonial home, equalization, dissipation of property, restraining orders etc.
Most cases begin with negotiation. If no agreement can be reached, cases usually proceed as follows:
- An Application is issued
- Case Conference,
- Interim Proceedings: Motions for Interim Support, Interim Custody, Interim Exclusive Possession of the matrimonial home etc.
- Questioning on financial matters and other issues
- Settlement Conference
- Pre-Trial Conference
- Trial Management Conference
- Trial
