Habib & Associates
Honesty • Integrity • Experience

Family Law

Divorce

 
 

What is Family Law?

Family law is mostly about the rights and responsibilities of spouses, parents, and children. If you marry someone or live together as a couple, the law gives you certain rights and responsibilities towards each other, both while you are together and if your relationship ends. In Canada, same-sex couples and opposite-sex couples have the same rights to marry, live together common-law, and have or adopt children.

If you have children, you also have legal responsibilities and rights towards them, whether or not they live with you, and whether or not you live with or are married to their other parent. Usually family law issues come up when people decide to separate or divorce.

Family law is not an event in our client’s life but their life.

If dealing with a divorce or separation, there needs to be a new re-constitution for the family. How people will live and how the children will live. It’s not about the money but also about the help our clients form a financial plan to make ends meet.

Our Goals

Help create a plan moving forward, how can we help people structure their life going forward.

Develop and maintain healthy relationships and a financial plan, for the adults but more importantly for the children.

We understand

What hurts children is the conflict that arises out of separation.

We are going to ask the other side to look in the mirror. We are going to ask the tough questions as to how the plan they propose is going to work for you our client. We are going to advocate for a fair result both ways.

Divorce Act deals with people who are married.

The Family Law Act deals with division of property for married people, deals with support with common law partners.

Children Law Reform Act deals with issues of custody and the parenting plan to deal with parenting after separation.

Child and Family Services Act deals with the care of children that falls below community standard at times requiring family aid to provide support to help or even removing the child to place them into foster care.

If you do not know what is relevant in the law you don’t know what information you need.

In Ontario, the only way to legally end your marriage is to apply for a divorce order. However, a divorce order does not in any way protect your interests or assets, ensure support, or guarantee any terms.

In Ontario, a divorce is finalized once a judge has granted a divorce order. A divorce is obtained through an application, either made unilaterally or jointly with your spouse. A divorce application brought by only one spouse may be either contested or uncontested.

It is not necessary to obtain a divorce certificate in order for your divorce to be finalized.

As mentioned above, a divorce is finalized once a judge has granted the divorce order.

It is only necessary to obtain a divorce certificate if you plan to remarry.

Our Method

As our client we will prioritize your goals. Focus on what is important, what is urgent and equally important what is the cost benefit?

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