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Family Law
The breakdown of a marriage or relationship can be one of the most difficult and stressful periods in a person's life. Separation can affect not only the relationship between spouses or partners, but also their children, home, finances, property, business interests, pensions, and future plans.
When a relationship ends, many important questions can arise:
- Where will you and your children live?
- How will parenting arrangements be made?
- Who will make important decisions concerning the children?
- Will child support or spousal support be payable?
- What happens to the matrimonial home?
- How will property, assets, and family debts be divided?
- What happens to pensions, investments, or business interests?
- How can you protect your financial interests?
- Should you negotiate a Separation Agreement?
- When and how can you obtain a divorce?
- What happens if you and your former spouse cannot reach an agreement?
- What will the legal process involve and how much may it cost?
At Sahib Law, we understand that every family and every relationship is different. We provide legal advice and representation intended to help our clients understand their rights and obligations and make informed decisions about their future.
Separation and Divorce
Separation and divorce are related but legally distinct matters. A couple may separate and resolve issues concerning children, support, property, and other matters before obtaining a divorce. We assist clients with separation, uncontested and contested divorce proceedings, Separation Agreements, and related family law matters.
Where appropriate, we encourage clients to explore reasonable negotiated resolutions. Resolving family law matters through negotiation and agreement can often reduce conflict, delay, uncertainty, and legal expense. However, where an agreement cannot be reached or court intervention is necessary, we can advise and represent clients through the appropriate legal process.
Parenting Arrangements
When parents separate, the best interests of their children are an important consideration.
We assist parents with issues involving:
- Decision-making responsibility
- Parenting time
- Parenting schedules
- Contact with children
- Relocation issues
- Changes to existing parenting arrangements
- Enforcement of parenting arrangements
The terms “custody” and “access” were traditionally used in family law. Federal family legislation now generally refers to decision-making responsibility and parenting time.
Our objective is to help clients understand their parental rights and responsibilities and work toward arrangements that appropriately address the circumstances and best interests of their children.
Child Support and Spousal Support
Separation may create significant financial concerns for both parties. We provide advice regarding child support and spousal support, including entitlement, calculation, duration, changes in circumstances, arrears, and variation of existing support arrangements. Child support is generally determined with reference to applicable legislation and the Child Support Guidelines, while spousal support involves consideration of a number of legal and factual factors. Every situation should therefore be assessed on its individual circumstances.
Property Division and the Matrimonial Home
The financial consequences of separation can be complex, particularly where the parties own a home, investments, pensions, businesses, or other significant assets.
We advise clients regarding matters such as:
- Division of family property
- Equalization of net family property
- Matrimonial home issues
- Family debts and liabilities
- Pensions and investments
- Business interests
- jointly owned property
- Excluded property
- Protection of assets
Understanding your financial position before entering into a final agreement can be particularly important because decisions made during separation may have long-term consequences.
Separation Agreements and Domestic Contracts
A properly prepared written agreement can provide greater certainty regarding the rights and obligations of the parties. We assist clients with the preparation, negotiation, and review of:
- Separation Agreements
- Marriage Contracts
- Prenuptial Agreements
- Cohabitation Agreements
- Other Domestic Contracts
These agreements may address issues such as property, support, financial responsibilities, and other matters arising during or after a relationship. Each party should understand the legal consequences of an agreement before signing it, and independent legal advice may be important to the process.
Common-Law Relationships
The legal rights and obligations of common-law partners can differ significantly from those of married spouses, particularly in relation to property. We advise clients who are entering into or leaving common-law relationships regarding support, property claims, jointly owned assets, Cohabitation Agreements, Separation Agreements, and other related issues. It is important not to assume that the same rules automatically apply to married and unmarried couples.
Negotiation, Mediation and Arbitration
Not every family law dispute needs to be decided in court. Depending upon the circumstances, issues may be resolved through negotiation, mediation, arbitration, or a negotiated Separation Agreement. Alternative dispute-resolution processes may allow parties to resolve their differences more efficiently and with greater control over the outcome. Where settlement is not appropriate or cannot reasonably be achieved, court proceedings may be necessary to protect a client's rights and interests.
Our Family Law Services
At Sahib Law, our family law practice includes:
- Divorce
- Separation
- Separation Agreements
- Uncontested and Contested Divorce
- Domestic Contracts
- Marriage and Prenuptial Agreements
- Cohabitation Agreements
- Common-Law Relationship Claims
- Decision-Making Responsibility and Parenting Time
- Child Support
- Spousal Support
- Property Division and Equalization
- Matrimonial Home Issues
- Pension and Business-Related Family Property Issues
- Protection of Assets
- Mediation and Arbitration
- Negotiation and Settlement of Family Law Disputes
Contact Sahib Law to arrange a consultation regarding your family law matter.