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Family Law
We understand that spousal relationships can not always work out. We also know that when they don't, it can be stressful and draining for the parties involved and their families. Our family law practice area covers a spectrum of issues, including divorce, separation, domestic agreements, child and spousal support, parenting time and so on. MS Law Offices follows a compassionate approach to dealing with family matters. We strive to create a safe and understanding environment for our clients to ensure we can make these difficult times less stressful for them. On top of everything, we believe in transparent communication with our clients and keep them updated at every stage of the legal process so that they can make informed decisions about their future.
Divorce
Every divorce case is different; some are uncontested and straightforward, while others can be complex and contested on various grounds. It doesn't matter what kind of divorce case a person has; it is always challenging and draining. We understand these intricacies and work on them per each case's needs. At MS Law Offices, we focus on providing our clients with the legal guidance they need to move forward in these challenging situations. We provide personalized attention and support to each client, ensuring their unique needs and concerns get addressed. Also, we take a collaborative approach and work with our client and their partner to find solutions that benefit everyone involved; however, if alternate dispute resolution does not work, we advocate for our clients in court.
Separation agreement
Separation is when a couple decides to live apart from each other because of the breakdown in the relationship. Parties can continue living under the same roof even after separation. There is no need to file for legal separation in Canada; couples can get separated as soon as they decide. However, parties can make a separation agreement establishing each party’s rights. The agreement is a binding contract that both parties need to adhere to. Understanding that a separation agreement differs from a divorce decree is essential. A separation agreement is helpful as it provides a framework for how the parties will move forward and can help reduce conflicts. It is recommended that both parties seek legal advice before entering any such agreements as their future relies on it.
Division of property
Marriage is a partnership between two individuals, and when this partnership breaks down, the law requires everything to be divided equally and fairly amongst the parties. Division of property in divorce and separation cases involves the distribution of assets and debts accumulated during marriage or a relationship. The rules differ depending on whether you are a married couple or a common-law partner. It is important to note that not all properties are subject to division. This process can be complex and contentious, and it is essential to interpret the legal principles that apply clearly. Calculating the net family property requires full financial disclosure, which can be overwhelming. It is crucial to have a skilled lawyer who can help you understand the process and negotiate on your behalf to ensure a fair and equitable division of property.
Domestic contracts
There are five different types of domestic contracts which are acceptable in Ontario:
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Marriage contracts
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Cohabitation contracts
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Separation agreements
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Paternity agreements
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Family arbitration agreements
These contracts are legally binding on both parties, which means that not fulfilling any term or condition of these contracts can have consequences. It is significant that the parties to these contracts/ agreements understand them and then agree to enter into any such agreements. We can help you negotiate, draft, and file any such agreements.
Spousal support
It is the money one spouse has to pay the other spouse for financial support after separation or divorce. It is also known as the “alimony.” One spouse might have to pay this money because the other spouse sacrificed their ability to earn money while married, compensate the other for taking care of the child, or help the other in financial hardship due to the relationship breakdown. It is usually paid when there is a disparity in incomes amongst separating spouses. There are different types of spousal support; it can be temporary or permanent, depending on the circumstances of every case. The amount of spousal support depends on various factors like the duration of marriage, the earning capacity of each spouse, age, and health. Getting expert consultation to determine your rights and responsibilities related to spousal support is crucial. We at MS Law Offices understand the emotional and financial challenges you can face and work hard to protect your rights and interests.
Child support
When spouses are separating, one of the most important questions that arises is child support. It is the financial support one parent provides to another to help cover the cost of raising a child. The problem occurs when determining who will pay, how much they will pay, and the fair standard of support for a child. The answer to these questions lies in various factors like the primary residence of the child, type of custody, number of children, province where the paying parent lives, age of the children, the income of both parents and so on. The non-custodial parent typically pays child support to the custodial parent. Still, specific arrangements can vary depending on the circumstances. It is important to note that child support is a legal obligation, and failure to pay can result in severe consequences. If you face these issues, contact our office for guidance on your rights and duties.
Decision-making responsibility & parenting time
Decision-making responsibility, as the name suggests, refers to the right and responsibility of a parent to make major decisions in the life of a minor child. Depending on the circumstances, it can be sole or shared by both parents. Parenting time is the time given to the parent who does not have the custody to meet or spend with their child. It is one of the most contentious aspects of family law. These issues can be complex and emotionally charged, making it crucial to work with a legal expert who can guide you through this process. The child's best interest is the most important consideration while determining custody and access arrangements. We are committed to providing our clients with the best arrangements that work well for both the child and the parents. Whether you seek sole or joint custody, we are here to help you navigate the legal system and protect your rights.
Foreign divorce opinion letter
Canada generally recognizes divorce from another country if the divorce was valid under the laws of the other country and one or both spouses lived in that country for one year instantly before applying for the divorce. However, there have been various instances when Canadian law has refused to recognize a foreign divorce. Moreover, the case gets complicated when non-judicial (religious) divorces occur in a foreign land. A foreign divorce opinion letter is a document that provides legal advice on the validity of foreign divorce in Canada. This letter is needed for individuals who want to obtain a marriage license and start a spousal sponsorship application for their new spouse. An opinion letter is typically prepared by a lawyer who specializes in family law and is familiar with the laws of both countries. It is essential to seek advice from a qualified lawyer before proceeding with a foreign divorce.
Alternate dispute resolution
Going to court can be stressful and time-consuming, so we encourage families to go for out-of-court settlement options. This method allows individuals to resolve their disputes with less bitterness and expense than litigation. ADR allows for more flexible and individualized resolutions. Different types of ADR include mediation, arbitration, mediation-arbitration, and collaborative law. It depends on the case whether these alternative resolution techniques are viable or not. MS Law Office is committed to working with clients’ unique needs and recommending the best possible options.
Family law is a complex area of law. It is important to seek professional legal advice at an early stage. If you require legal advice and assistance in your family matter, contact us at MS Law Offices.