Our approach
Client-centered,
Result-driven
We understand that clients are real people who have their unique circumstances, challenges, concerns and goals. In our view, a court win is meaningless unless it adequately and fairly addresses what the client wants and needs.
That is why we always put our clients first. We actively listen to them to have a clear understanding of their goals, and then we formulate creative and effective strategies to maximize the chances of achieving those goals. We work closely with our clients through the entire process, providing them with practical advice and empowering them to make fully-informed decisions. Finally, we champion their interests with thorough preparation and fierce advocacy, in courtroom or at the settlement table.
When you work with us, you have all the following, and more.
ONtario and bc
SEPARATION AND DIVORCE
We understand that separation and divorce is one of life’s most difficult decisions, although sometimes it is made necessary by the circumstances. It leads to significant stress, both emotionally and financially, and gives rise to many disputes.
We are here to make the process as clean and stress-free as possible, so you can move on with your life. Below is a list of services that can provide to you in this regard.
Divorce
In Canada, a divorce is only effective when there is a divorce order granted by the court ending the marriage. We can obtain this divorce order for you.
Uncontested Divorce
If you and your spouse agree on everything and simply want to divorce, this is called an “uncontested divorce.” The court provides an accelerated procedure for this type of divorce, and we can help you go through this process.
Marriage Fraud and Marriage Annulment
In some rare cases, such as marriage fraud, the court can nullify a marriage, declaring that the marriage was never effective to start with. We can help you with obtaining such an order.
Separation Date Determination
The date of separation is a crucial date in all family law disputes, capable of making or breaking a case by all itself. However, its determination can be surprisingly complicated as it has no clear legal defemination. We can help you advocate for a separation date that is most advantageous to you and consistent with your narratives.
Common Law Separation
The separation of common law couples can have its unique complexity and challenges. We can help you overcome them and obtain a fair result for you.
ONtario and bc
AGREEMENTS
Family law agreements (or domestic contracts) are one of the best mechanisms that allow you to “override” the existing family law and decide how you want to deal with your matters the way you want, during your marriage or when your marriage ends.
If you wish to protect either the assets that your pre-marriage assets, or gifts that you received (or expect to receive) from other people, then your best bet is to execute such an agreement. See below for more details.
Cohabitation Agreement or Pre-nuptial agreement
This is suitable when you are living together with someone and you wish to protect your assets even though you might not necessary wish to marry in near future.
Marriage Agreement
During your marriage, you can enter into a marriage agreement to set out what would happen regarding property division and/or spousal support if the marriage comes to an end.
Separation Agreement
Separation agreements are the best way to resolve your disputes from your separation, as long as it is negotiated fairly and is substantively fair. You can sign a separation agreement shortly before, around or after your separation. We can help you.
Our Services
PARENTING DISPUTES
Parenting issues are usually the most important issues, and they can be very complicated. While the guiding principle is a simple one — the best interest of the child is paramount — finding out the truth and determining what is in the best interest of the children is often where the difficulty lies.
Just like no two children are alike, no two cases are the same when it comes to parenting disputes. We ensure to listen to our clients closely to understand the unique situation, and we utilize the many tools available at law to protect the best interest of the children.
Decision-making or Guardianship (formally custody)
This refers to a parent’s legal right to make decisions for children, including health, education, culture, language, religion and significant extra-curricular activities etc.
Parenting time or Primary Residence
This is how much time the children spend time with each parents, including living arrangement. We can help you increase your time with your children or make you the primary caregiver, or reduce the other party’s time, if that is consistent with the best interest of the children.
Relocation
If you wish to move with your children to another area, city, province or even country, you must provide advance notice to the other parent so that he or she can have a chance to respond. This is a significant matter that is frequently fought out in court.
High Conflict Cases and Parental Alienation
In such situations where the parents cannot communicate effectively regarding parenting, or when a parent is intentionally or unintentionally causing the children to distance themselves from the other, we can help you set things back on track with a sense of urgency.
Paternity Test (DNA Test)
We can also help you determine if a child is yours, by obtaining a court order compelling the other side to do a DNA test.
Grandparents’ Rights
If you are a grandparent of the children and wish to have more involvement in the children’s life (decision-making wise) or spend more time with them, we can help you with that.
Child Protection and More
We can also help you with respect to child protection, or have your child return to your care if they are taken from you by the government due to safety concerns. Contact us to see how we can help you with these matters, and more.
ONtario and bc
CHILD SUPPORT
When a relationship ends in either a separation or a divorce, the obligation to pay child support arise. Like all issues that impact the best interest of the child, child support is often one of the most urgent issues to address.
Child Support (Guideline amount)
Monthly “guideline” child support is to cover day-to-day expenses, including food, clothing, and school supplies and is based on the gross annual income of the payor parent and the number of children involved. There are exceptions, however, where the parenting schedule for the children is “shared” or “split” between the parents.
Income Analysis
The determination of a payor’s income is very important in both child support and spousal support, and can be challenging in cases where the payor has variable income or hidden income. The complexity can be further compounded by applicable tax rules.
Special & Extraordinary Expenses
These expenses address costs like daycare, extracurricular activities, private school, college, and university expenses in child support agreements.
Retroactive Support
In many cases, the court will order one spouse to pay child support or spousal support that was owed in the past. The issue of establishing or defending against retroactive support is complex and depends on the facts of your situation.
Our Services
SPOUSAL SUPPORT
Spousal support is not automatic, unlike child support. This means that if you wish to obtain spousal support, you must prove that you are entitled to it.
Although there is a legal framework on spousal support, this issue can be very complex. It requires the determination of one or both parties’ real income and the consideration of many factors ranging from overall financial circumstances to tax consequences.
Entitlement
We can help you establish your entitlement to spousal support, either by showing that you sacrifice your career or income earning capacity for your relationship, or you have a financial need that the other side is able to address.
Amount and Duration
The determination of how much the spousal support payments are and how long they will last, is a complex matter that requires the consideration and the balancing of all relevant factors, including child support and tax consequences.
Arrears
In some instances, it can be unfair for the payor to pay the arrears of child or spousal support in full amount, especially when something unexpected happened during the interim that reduced the payor’s earning capacity. These arrears may be reduced or even canceled under the right circumstances.
Enforcing or Varying Support Orders
We can help you with enforcing child or support orders, whether the order is made in a Canadian court or a court from another country.
If you believe that a court order is unfair or outdated, we can help you set it aside or vary it. Contact us to see how we can help you.
ONtario and bc
COMMON LAW RELATIONSHIPS
Common law couples may also have rights and obligations when they separate, but they are very different across provinces. In British Columbia, common law couples are treated very much the same way as married couples. In Ontario, however, it is a very different case.
Common Law Relationship Determination
Common law relationship typically requires that the couple continuously live together for a period of time. In British Columbia, the required duration is 2 years. In Ontario, and for spousal support purposes specifically, it is 3 years.
Unlike B.C., the laws in Ontario do not grant common law couples rights to property division automatically, so you must rely on the doctrine of trusts to seek your fair portion. See “Trust Claims” below.
Cohabitation and Separation Date Determination
The dates marking the start and the end of a relationship are usually crucial in all family law disputes, including those between common law couples, capable of making or breaking a case all by themselves.
However, its determination can be surprisingly complicated as it has no clear legal defemination. We can help you advocate for a separation date that is most advantageous to you and consistent with your narratives.
Property Division and Trust Claims
In Ontario, common law couples have to make a “trust claim” to obtain their portion from the family assets, essentially claiming that they are entitled to compensation for their direct and indirect contribution to the relationship.
Common law couples face many unique challenges, most of which require a thorough analysis of all aspects of their relationship. We are experienced in resolving common law disputes.
ONTARIO AND BC
PROPERTY DIVISION
Division of property is one of the most complicated areas of family law. The challenge is often not just to characterize and divide what is on the table, but to determine what is hidden. We utilize all legal tools and enlist the help of experts such as investigators and forensic analysists, to make sure that you have your fair share of family property.
Pre-marriage Properties and Excluded Property
We can help you protect the properties that you have brought into your relationship or marriage, and those that you acquired during the marriage by way of gifts, inheritance, personal injury compensation, windfall, or insurance policy payouts.
Unequal Division of Property
The courts allow an unequal division of property when an equal division is significantly unfair (BC) or unconscionable (Ontario). This is particularly the case when the marriage is short and most of the assets are brought into the marriage by one spouse. Talk to us to see how we can help you obtain a larger share of the family property.
Trusts
It is usually quite complex to divide assets held under a trust. Very often this calls for an analysis of the nature of the trust, who is the real owner of the underlying assets and, ultimately, if the trust is really a sham to unfairly deny the other spouse’s property claim.
If you believe that a property is in fact owned by another person than its registered owner, this is likely a trust claim.
Sale of Property
Sometimes it is necessary to sell a property in the middle or at the end of the family law case. If No matter which end you are on, we can advise you of your legal rights and help you achieve your goal.
Pension Division
We can help you ensure the fair distribution of retirement savings during divorce or separation.
Enforcing or Setting Aside Property Agreements
The law allows the court to enforce or set aside (or vary) an agreement with respect to property division. If you believe that an agreement such as a pre-nuptial or marriage agreement is not fair, talk to us to see your options.
ONtario and bc
“OUT-OF-COURT” RESOLUTION
Formally known as “alternative dispute resolution” (or “ADR” for short), these are the most common procedures through which the parties resolve some or all of the issues between them without resorting to a trial in court. They can happen before or at any point during the lawsuit.
Collaborative Divorce
When the two spouses are on relatively good terms and wish to resolve their disputes cost-efficiently and friendly, the collaborative divorce process would be a great option for them.
This process requires that the two spouses work closely and collaboratively in order to resolve the issues stemming from the breakdown of their marriage. They will work with their lawyers and sometimes experts (such as counsellor for children or property appraisers) in a relatively non-adversarial environment, ultimately settling some or all issues.
Mediation
Mediation is a process of dispute resolution process in which a skilled and neutral mediator assists the parties and their lawyers to resolve outstanding issues.
While mediation is often used to settle cases outside the court process, it may be used in tandem with (or as an “off ramp” from) litigation. As a voluntary, private process, mediation is less adversarial and less costly than litigation, and provides an opportunity for parties to reach creative and long-lasting resolutions (including those unavailable in litigation) of their legal rights and obligations.
Arbitration
Arbitration with a neutral and skilled arbitrator is a more formal dispute resolution process designed to meet the specialized needs and circumstances of individual parties and disputed issues.
Arbitration has the advantages (compared to litigation) of being private, confidential, efficient and timely. The arbitrator’s written decision (also called an “award” in Ontario) is confidential, legally binding, and enforceable by the court.
We are experienced in all these dispute resolution mechanisms. Contact us to see how we can help you resolve your matter out of the court.
ONTARIO AND BC
INTERNATIONAL MATTERS
This refers to situations when the spouses reside in different provinces or countries, or their property is located in multiple jurisdictions. The jurisdictional issue could be a property located in China, an agreement signed in the US, your child residing outside of your province or country, or your spouse’s company operating or owning assets in England, just to name a few.
These types of cases are complex and require a breadth of knowledge and collaboration with competent and credible professionals in other jurisdictions.
Foreign Agreements or Order
Whether you are enforcing or defending against an agreement or a court order made in a different country, we can help you achieve your goal.
Determine the Best Court for Your Case
Some or even all of your issues can be handled by a different court in a different jurisdiction. If the law there is more favourable to you, that might be precisely what you wish to do. These situations call for a thorough and well-informed strategy and able representation in the court, all of which we can provide to you.
Investigation of hidden properties
When the other side hides properties in other countries either under his/her name or other people’s name, it falls upon you to establish the existence of such property – or at least, there is a reasonable likelihood that this is the case. This requires thorough analysis and, in some cases, cooperation of local professionals or even courts.
Valuation of foreign properties
Valuation of foreign properties, including real properties and companies, can be a complex and time-consuming matter. This is especially so when the other party intentionally hides or undervalues the property in question.
International child obduction (Hague Convention)
Parental child abduction occurs when a parent takes or conceals a child from the other parent. International child abductions are situations where children are unlawfully taken from their home country or held in another country without a parent’s consent.
We routinely deal with international divorces and have substantial experience in such matters. With strong connections to reputable and credible experts, including valuators and lawyers in other jurisdictions (especially China and the U.S.), we optimize the outcome of your international matter.
Our Blogs
Latest Blog & Articles
In Ontario, how is property divided when a marriage ends?
In Ontario, property acquired during a marriage must be split equally when a marriage ends for any reason. This can include your home,…
How can parenting coordination help in high conflict parenting disputes in Ontario?
What is high conflict parenting? In Ontario, high-conflict parenting is marked with the parents’ inability to effectively communicate with each other regarding parenting-related…
Unequal division of property in short marriages (BC)
The short duration of the marriage (or common law relationship) is one of the factors in favour of an unequal division of family…