Family Law

Division of Property

When a couple has a long-term relationship, they often make financial choices to benefit the entire family. However, when the relationship dissolves, assets need to be divided and both parties can assert a legal claim over the assets in question. In the context of family law, the division of property can refer to anything from real estate to pensions.

If you are going through a divorce, you need to understand how your debts and assets will be affected by your relationship’s dissolution. This is why it’s important to take legal steps to protect your assets and property and deal with complicated legal proceedings and other complex issues. At Brar Tamber Rigby, we are experienced in helping families deal with issues related to the division of properties that often arise during a separation, whether the parties are in a common-law relationship or married.

Our family law lawyers work to protect your financial interests throughout the division of your marital properties and other assets. They will also help you understand your situation and legal options. We can answer important questions regarding the impact of your separation/divorce on your finances. Request a free consultation to speak with our family lawyers in Ontario.

Divorce

Whether you’re facing a sudden end to your marriage or it’s been a long time coming, divorce is emotionally difficult for everyone involved. Without the right legal representation, the process can quickly become physically and mentally draining as it involves numerous decisions and considerations. This is why it’s in your best interests to contact a law firm practicing family law in Ontario. Brar Tamber Rigby’s legal professionals have extensive knowledge in different areas of family law to help you move towards an amicable resolution.

Negotiating a divorce involves coming to an agreement on issues like child support, equalization, parenting and spousal support. It must be issued and granted by a court of competent jurisdiction. The divorce must be obtained in the Superior Court of Justice and filed correctly. To be eligible for divorce, there must be a breakdown of the marriage, which can happen if:

• Your partner was mentally or physically cruel.
• They committed adultery.
• You and your partner have been separated for at least a full year.

Our divorce lawyers understand that every separation is unique and pay attention to the details of each case. Our compassionate family lawyers offer their support and ensure that your rights are protected throughout the divorce process. They have the experience and knowledge to protect your rights and will work to attain a successful outcome. You can count on us to represent you while dealing with complex matters involving the division of assets, child access and custody, spousal support and child support, among others.

Spousal Support

Spousal support is also commonly referred to as maintenance or alimony. It’s the money paid by one spouse to the other upon getting a divorce or separating. It’s not just applicable in marriages but in common-law relationships. However, unlike child support, spousal support isn’t an automatic right in Ontario. Various factors determine entitlement to spousal support, including:

• The financial situation of both parties.
• The roles of each spouse during the relationship
• The length of the marriage or relationship
• The earning capacity and age of each spouse.
• The number of children.
• The standard of living established during the marriage or relationship.

Since spousal support can be a nuanced and complex area of family law, it’s best to seek legal advice regarding your obligations for/entitlement to spousal support upon separating from your spouse. Our lawyers practicing family law in Ontario can help you make informed decisions in terms of spousal support. We review spousal support entitlements carefully with our clients to ensure they get the best possible outcome. When necessary, they will litigate on your behalf and provide the necessary resources and information to help you understand and navigate the separation/divorce process in Ontario.

Separation

In Ontario, when a couple decides to file for divorce, they must have lived separately for one year. They must then sign a separation agreement that outlines the responsibilities of both parties during the separation. This makes it necessary to have a lawyer review the agreement as it is being drafted to ensure you are represented properly from the beginning to the end of the process.

At Brar Tamber Rigby, our family lawyers make sure your interests are protected during the disclosure and negotiation stages. We will help you with:

• Parenting arrangements
• Wills and Powers of Attorney
• Preventing the depletion of assets
• Keeping records of assets
• Safety concerns (in instances where one spouse is abusive or violent)

A separation agreement is mandatory in Ontario before getting a divorce. This is especially necessary when there are children involved since there is the question of child support. That’s why it’s important to hire a lawyer to draft a separation agreement in Ontario. If your partner’s lawyer is the one preparing the draft, a review by your lawyer ensures that you aren’t being tricked into signing an agreement that is illegal or not in your best interests. Since it is a legally-binding document, it’s best to have a family lawyer who makes certain it reflects your best interests.

If you think your case would benefit from hiring a lawyer who practices family law in Ontario, get in touch with us for more information, or request a free consultation.

Independent Legal Advice

When dealing with a family law matter in Ontario, it’s important to attain independent legal advice to ensure you can negotiate with the correct knowledge. If you are considering litigation, it can help you understand whether your expectations are within the range of possible legal outcomes.

Since family law matters are determined on a case-by-case basis and there are very few absolutes, having a family lawyer can be beneficial. They will inform you of the likely outcomes you can expect and work to create counter-arguments.

At Brar Tamber Rigby, our family lawyers know that a fair deal means different things to the opposing parties. That’s why we work to help our clients understand the law. Whether you are seeking independent legal advice to understand your options or are simply looking for guidance on family law-related matters, our services can simplify the process for you. Our lawyers provide objective and unbiased opinions about how a personal transaction may affect you.

When you meet with our lawyers regarding independent legal advice, they will:

• Ask questions to understand your current situation.
• Review legal documents with you.
• Offer guidance regarding your legal rights.
• Recommend changes that are in your best interests.
• Provide answers and discuss any concerns you may have.

Our lawyers can negotiate with your spouse’s lawyer to reach a satisfactory result.

Parental Alienation

Parental alienation typically occurs after divorce, and it’s an extreme outcome of a child custody battle. It occurs when a child chooses one parent over another due to the influence of that parent against the other. It may take the form of negative or false accusations against the other parent, resulting in the child distrusting them. The parent making the false or negative claim is known as the alienator or alienating parent; the other is the alienated parent.

If you feel as though your child or children are slipping away from you, get in touch with the family lawyers at Brar Tamber Rigby. We will meet with you for a consultation free of any costs or commitments and work with you to determine your options. Our lawyers work to bring you together with your children legally and emotionally.

We have significant experience reuniting children and parents and understand how complex parental alienation cases can be. We work to help parents avoid the destruction of their relationship with their children by creating a legal plan that promotes their parental rights. We will help you understand the legal paths available to you, including:

• Filing an urgent or emergency motion.
• Filing a motion to change an existing access or custody order.
• Filing an application for access and custody.

For more guidance and information related to your specific situation, request a free consultation with our family lawyers in Ontario as soon as possible.

Prenuptial Agreements

A premarital or prenuptial agreement is a written agreement between two partners before they marry. It spells out how assets are to be divided in the event of a separation or divorce. This document provides financial and legal protection to both parties in the event of the termination of the marriage and helps them resolve their differences amicably.

In Ontario, these agreements are also known as domestic contracts, which could be a marriage contract or a cohabitation agreement, depending on your relationship and union. Once a couple marries, the agreement is automatically transformed into a marriage contract.

Having a domestic contract or a prenuptial agreement can mean the difference between peace of mind and financial distress. If you have been thinking of drafting a prenup or have been asked to sign one, allow the family lawyers at Brar Tamber Rigby to help you. They have a wealth of experience to meet their clients’ needs. We can help draft new agreements or modify existing ones, and will also fight to enforce marriage contracts when necessary to help you secure what you are entitled to.

Our lawyers can advise on the different elements of a marriage contract, right from the start. So, if you are thinking about drafting one, let us help you with:

• Protecting the interests of your children.
• Dividing property after a separation or divorce.
• Understanding your marital rights and responsibilities.
• Understanding the rules surrounding prenups.

We can draft both pre- and post-nuptial agreements that stand up in court. We also help protect your assets and rights upon separation.