Looking for a Family Lawyer to fight your case?

For over two decades, Nanda & Associate Lawyers has been proudly fighting family law cases on behalf of our clients as per the remedies available under the law. Family law issues often include divorce, separation, division of marital property, equalization, exclusive possession of the matrimonial home, spousal support, and child custody & access. With our experienced family lawyers representing your case, you can be assured that your interests will be safeguarded throughout.

You will also need legal guidance when dealing with prenuptial agreements, cohabitation agreements, recognition of foreign divorce, parenting plans, and more. Our family law team can help relieve the burden brought on by the dissolution of marriage with effective legal guidance every step of the way. Whether you’re going through a complicated divorce or need help resolving property division, support, or custody matters, you can count on our family and divorce lawyers.

How can our Family Lawyers help you?

Our family lawyers understand that when a relationship ends, it not only brings emotional distress but significant financial burdens as well. Whether it is divorce, property division, equalization, exclusive possession of the matrimonial home, or spousal support, the outcome of the case often depends on how well your lawyer presents your side of the argument in court.

We have handled numerous cases of family law successfully, each requiring a customized solution for dispute resolution. Given the intricate nature of family law, steering it without professional legal guidance can be extremely challenging. We urge you to connect with us today and allow us to represent you in your difficult time.

Resolving your Family Matters with Strength and Care!

Our aim is to achieve a positive outcome for our clients in the final divorce settlement or court order. We have helped many customers with legal problems that came up during their divorce, like getting sole ownership of the marital house, child or spousal support, dividing up marital assets, getting custody of children, getting a foreign divorce recognized, and dealing with the divorce’s consequences on business. We work hard to defend your rights and your money during the divorce. Our family lawyers will help you follow the law and guide you through the whole process, from filing for divorce to reaching a final settlement.

During the divorce, our family lawyers can help you figure out how to divide up the property and make sure you get your fair portion of the marital property while also keeping your personal property safe from being divided. Canadian law stipulates that the wealth accumulated during the marriage must be split equally between the spouses subject to requirements since marriage is an equal partnership under law. Our experienced divorce lawyers will fight for your rights and for a fair and just property division as per the law.

We want our clients to get a good result in the ultimate divorce settlement or court ruling. We have helped many customers with legal problems that come up during a divorce, like getting sole ownership of the marital house, spousal or child support, splitting up marital assets, getting custody of children, getting a foreign divorce recognized, and figuring out how the divorce will affect their business. We work hard to defend your rights and your money during the divorce. Our divorce lawyers will help you follow the law and help you through the whole process, from filing for divorce to reaching the final settlement.

In a divorce, financial issues like spousal support are typically hotly fought in court. To get temporary or final spousal support orders in your favour, you will need the help and advice of our experienced spousal support lawyers. Our family lawyers can help you file for spousal support in family court if you and your spouse can’t agree. The age and health of the spouse, the length of the relationship, the arrangements for childcare, and the ability of the payor spouse to pay are all factors that affect the amount, duration, and eligibility for spousal assistance.

Frequently Asked Questions

If you have additional questions or need further assistance, please don’t hesitate to reach out to us at hello@nanda.ca. We’re here to help!

A year of separation is an essential requirement for granting the final divorce order in the case of a no-fault divorce.

In the case of a fault-based divorce, such a requirement of one year of living separately can be waived. This can be pursued in two cases:

  • Adultery: If one of the spouses has committed adultery or is found to be in a relationship with someone else, the other spouse is free to approach the court requesting a divorce without the separation period. However, the claim of adultery must be backed with evidence in court.
  • Cruelty: Cruelty from a spouse will be grounds for divorce regardless of the separation period. Cruelty can be physical, mental, or emotional in nature, but it is important that you prove this claim in court.

In Canada, child custody decisions are largely based on the best interests of the child. This remains a guiding principle to take custody decisions in family courts. Several factors are considered, like the emotional bond between the child and each parent, each parent’s caregiving history, and the child’s established living pattern (school, home, community). The age of the child is also a factor in determining custody. In an important decision like this, the goal is always to secure a stable and supportive environment for the child without disrupting their life and welfare.

Prenuptial agreements can drastically influence divorce proceedings. Matters of asset division and spousal support become the most pivotal in these cases. Prenuptial agreements have to be well-drafted and executed with full financial disclosure; only then can they be legally enforceable. If the evidence suggests that the agreement was made under duress or undue pressure, then it will be invalidated by the court. This is why our family lawyers recommend that both parties have independent legal advice. This will help to establish an agreement that is fair in terms, eliminating any room for confusion and errors.

Upon divorce in Canada, marital property division is generally based on an equal sharing of marital property, though the court will make the final decision based on the particular circumstances of each case. ‘Marital property’ includes assets acquired during the marriage and the value increase of the property each spouse brought into the marriage, excluding inheritances and personal gifts. For example, if a certain spouse gave up their career to take care of the marital home and children, then their part in the marriage is equally important as the other earning spouse.

Spousal support is intended to balance economic disparities between spouses arising from the marriage or its breakdown. The determination of spousal support involves various factors, including the duration of the marriage, the roles of each spouse during the marriage, and the financial impact of those roles post-divorce. Spousal support can be temporary or permanent, and its amount and duration can vary widely depending on the specific circumstances of the marriage and following divorce.

Hiding assets in a divorce is illegal in Canada. If caught, the court can penalize the guilty party, possibly giving the other spouse a larger share of the remaining assets. The court might even reopen the case to adjust property division or support arrangements if necessary.

Common-law partners in Canada do not automatically share the same rights as married couples, particularly concerning property division. While they may have similar rights to spousal support and child custody, property rights upon separation are typically based on contribution rather than an equal division. The specific rights and entitlements of common-law partners can vary greatly between different provinces and territories.

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