Call: +1 905 501 9555
Email: info@kslegal.ca
Call: +1 905 501 9555
Email: info@kslegal.ca
Family Law matters involve a great deal of emotions, property issues and child custody issues, which may often steer clients to inaccurate judgements. Identifying and establishing the significant issues can take considerable time and it requires both time and effort to resolve multiple issues involving property and finances, spousal support, child support, child custody, parenting and more. Family law attorneys facilitate in advising on the client’s rights and obligations on all issues and how to aptly resolve settlement matters.
At KS LEGAL, we are dedicated to listen to and understand the needs of our clients in order to deliver the highest level of legal representation and best possible outcome. We care about your concerns, and will do our utmost to ensure that all your needs are met.
Our lawyers guide our clients through Ontario’s family law system with compassion and understanding, while still aggressively protecting their rights. Although other large firms may regard you as a case, at KS LEGAL we get to know you as a person. We not merely focus on your legal needs, but on you as an individual. Our lawyers strive to make our clients feel comfortable and empowered to make informed decisions. We will work tirelessly to deliver the best results possible, bringing you closure and satisfaction. KS LEGAL invites you to request a consultation by completing our online request form. You may also call our law office directly to schedule your consultation.
During your initial consultation, our family law lawyer will address the issues to develop a comprehensive plan to achieve your overall aim. Our Family Law Lawyers will analyze your case to determine the most appropriate and effective course of action to take. Our goal is to help settle your case with very little emotion and financial distress and as quickly as possible.
Some questions which our Family Law Lawyer will address during the initial consultation will be related to Assets, Income, Children, Custody and access, measures which need to be taken to reduce or limit future harm, Costs and how you can avoid going through a costly divorce. Additionally, we encourage you to carry a list of any other questions you may have regarding separation and divorce, child custody and access, child support, spousal support, and other family law issues and concerns.
The lawyers at KS LEGAL look forward to assisting you in your family law matters and helping you achieve the desired outcome while protecting your best interests.
In negotiating and determining the litigation strategy, lawyers are able to counsel clients on the potential outcomes and establish the course of action in distributing the assets reasonably and fairly. Your lawyer is able to advise you on your rights and obligations in the settlement of assets. The lawyer is also able to evaluate and provide recommendations on what you should settle at and whether you rightfully deserve more.
Lawyers are able and licensed to create contracts and agreements that are binding between the partners. If both partners are entering into a contract and want it to be enforceable by the Courts it is essential that the parties’ lawyers are involved to provide independent legal advice to guide the parties throughout the negotiations. Usually the Courts do not accept and the judges do not hold up the family law contracts if both parties did not have lawyers.
As very few non-lawyers have training to understand the law related to separation agreements, marriage contracts or cohabitation agreements, judges believe that the parties have not understood what agreement especially, if they do not have a lawyer advising them. The only way to show that both parties have understood the agreement is for both parties to receive meaningful advice from a lawyer.
The court process can be complicated. This may sometimes place self – represented litigants at a higher risk as they may not be fully aware of the court rules and processes as well as the expectations of the judges.
Family lawyers come across numerous cases with various possible resolutions where the application of the laws in different situations. A lawyer can plan to resolve the client’s issues in a way that the client has not considered. A lawyer may take measures to ensure that the resolution reached between the parties is respected and even enforced by the Courts.
Lawyers are professional negotiators, family law lawyers represent individual people and not large businesses or corporations, hence Family Law lawyers are aware that the cost of the process is important. Family Law Lawyers have multiple strategies to achieve the best possible outcome at the lowest cost possible for the clients.
A breakdown in a relationship can be draining and troublesome for clients. Negotiating a settlement and fulfilling the requirements of the court can be time consuming and can also bring back memories from the relationship. A Family Law Lawyer can take over that tedious work and assist in dealing with the emotional baggage so the client can look forward and plan for important things for your future rather than focusing on the past.
One of the primary goals upon separation is to achieve a fair division of property and assets. Under the Family Law Act (Ontario), married spouses are subject to automatic Equalization of Net Family Property.
Couples who are unmarried or are living in an arrangement as common-law spouses are not subject to the automatic equalization of the Family Law Act and are required to make their property claims on a different basis.
Our Team at KS LEGAL is aware that each family’s financial situation is unique. The expertise and depth of knowledge in financial matters at KS LEGAL allows us to explore sharp and realistic solutions to help secure a successful financial future for our clients, whether through negotiations or litigation.
When common-law spouses separate and seek to divide their assets, they are not governed by the same automatic equalization of assets as married spouses. They are not automatically subject to the equalization of net family property. In such cases, making a Trust Claim by the common-law spouses for a share of the other's property on the basis of unjust enrichment or based on the contributions preservation or maintenance of a property may be the only route for the Common law Spouses.
Whether the party applies to the court to resolve financial matters or seeks to settle matters through negotiation, the law requires full and complete financial disclosure by both spouses. For the equalization of net family property, both parties must disclose the value of all their assets and debts at the date of marriage and the date of separation, and sometimes valuing assets and debts can be complex and an extensive process. Where there is misrepresentation of financial information or concealing of information about assets, a more in-depth investigation can be required. Agreements that are based on misrepresentation of financial information may be voidable by the courts. Agreements based on proper disclosure are more difficult to set aside. Hence, trustworthy documents reduce time constraints and facilitate the equalization of financial assets.
Child support is calculated based on Federal or sometimes provincial Child Support Guidelines ("CSG"). In general, monthly "Table" child support is based on the gross annual income of the payor parent and the number of children involved. There are exceptions, where the parenting schedule for the children is "shared" or "split" between the parents.
The determination of a payor's income is of paramount importance and can be challenging where the payor is self-employed, has variable income, lives in a different jurisdiction, or where income is taxed in different ways.
Spousal support is paid by one party to another after a relationship ends in separation and/or divorce. While the Spousal Support Advisory Guidelines bring some structure to the process, it remains a complex issue due to the many factors, exceptions, as well as the broad discretion of the courts to determine eligibility, amount, and duration of spousal support.
Determining parties' income / means and reviewing budgets is an important skill required of your lawyer. We offer a clear and intelligent approach to this process that is built on experience and expertise.
In most circumstances, the court system prefers that support issues be addressed in a timely fashion. To prevent applications for a new order or avoiding a change to an existing order from being filed after many years, support orders are generally only retroactive to the date an applicant starts court proceedings. The issue of establishing or defending against retroactive support is complex and depends on the facts of your situation.
Our team understands the law and factors relating to these claims and provides you with appropriate advice as per your situation.
In Ontario, a court order can be issued through the Family Responsibility Office (FRO) to enforce support obligations. In international situations, support claims and enforcement from Canada may be possible through reciprocal agreements or treaties.
Limited scope retainer is a situation where a lawyer provides limited legal services to a client In their family law matter. A limited retainer may be drawn to assist you for specific negotiations, or at particular points in your case, preparation or review of documents, or for limited representation in court for a specific hearing.
Limited scope retainers are meant to provide legal insight and guidance at an affordable cost and facilitate better access to justice in family law.
There are alternatives which may provide an effective way of resolving even complex or contested issues outside the court. Settlement meetings, mediation, and other alternatives to Dispute resolution can help separating spouses, parents and other parties find resolutions to their family law matters without the intervention of the court. This can save a considerable amount of time and money and can significantly reduce stress as well. Alternatives to court also promotes more amicable relationships between divorcing or separating spouses.
There are several benefits couples can gain including the flexibility to fit the specific needs of each person. Contracts and agreements can be drafted to include a wide range of topics and details including, but not necessarily limited to: