The law firm that solves problems

The law firm that solves problems

Many of our clients seek our advice on issues related to family law, marriage, and divorce. While adults can represent themselves in many matters, people often find a lawyer’s assistance to be invaluable. Your lawyer may be able to help clarify issues, interpret the law, find amicable resolutions, and act as a buffer in high emotional and stressful situations. Your lawyer may also assist with preparing Court documents and applications, speaking on your behalf in the courtroom, and negotiating settlements with opposing parties and lawyers.

At Dhillon and Bhatti Lawyers, our family law practice group offers services specializing in divorce, common law separation, property division, decision-making and parenting time, child and spousal support, and separation agreements.

Divorce

The Divorce Act specifies the grounds for divorce and defines the basis for decision-making, parenting and support orders. The court can grant a divorce if there has been a “marriage breakdown,” which is established if:

  1. The spouses have lived separate and apart for one year prior to the divorce being granted and live separate and apart at the commencement of proceedings; or
  2. The spouse against whom the proceeding is brought has (since the celebration of the marriage) committed adultery or treated the other spouse with physical or mental cruelty.

Further, a divorce can be either contested or uncontested, depending on the circumstances. Obtaining a divorce can be expensive and complicated, depending on your situation.

Property Division

We handle all types of property division matters, from simple to complex property division involving various assets and businesses. In such cases, investigations of financial records related to the parties’ assets and businesses may be required, including investigations to determine whether a spouse has any other sources of income.

Decision-Making and Parenting Time (Custody & Access)

On application by either spouse (or other person with leave of the court), the court may make an order for parenting and decision-making in regards to the children of the marriage. The court considers the child’s best interests in this decision and does not consider past conduct of the parent unless such conduct is relevant to parenting ability. 

Any order granted by the court may be varied, rescinded or suspended if the court is satisfied that there has been a change in the condition, means, needs or other circumstances of a spouse or child of the marriage.

Child Support

That court recognizes that each spouse has a financial responsibility to their children. The Child Support Guidelines govern the amount of child support payable, and this is based solely on the payor’s gross income and the number of children of the marriage.

Child support is recognized as a right belonging to the child, and therefore the Guideline amount is only deviated from where the court deems adjustment is reasonable and necessary in light of the needs of the child or the means of the parents.

A number of factors can make child support issues more complex such as where the payor parent is self-employed or is willfully unemployed or has chosen not to work, earns some portion of their income in cash.

Spousal Support

Spousal support are payments made by one party to the other after separation. There are generally three grounds on which the party may be entitled to spousal support from the other, including:

  1. Compensatory factors;
  2. Non-compensatory factors (needs-based); and
  3. Contractual

Further, the Spousal Support Advisory Guidelines help determine the quantum of Spousal Support payments.

Separation Agreement

There are various agreements available in family law to set out the rights and obligations of parties during the relationship and following the breakdown of relationships. Agreements such as cohabitation agreements, premarital/marriage agreements (also known as prenuptial agreements), and separation agreements can be useful in giving parties a roadmap of how to conduct their affairs during relationships and following a break-up. Amongst other matters, these agreements can clearly outline the ownership and division of property, parenting and custody scenarios, spousal support and child support obligations.

We strive to understand our client’s goals when drafting a separation agreement and will work with you to ensure your concerns are addressed. It further allows you more control in determining how these issues will be resolved rather than having a court decide for you.