Family Lawyers in Oakville You Can Rely On
Nanda & Associate Lawyers offers experienced family lawyers in Oakville for sensitive cases involving divorce, child custody, parenting time, and separation. With a 20+ year reputation across Ontario, we focus on quick resolutions, protecting your rights, and your family’s future.
Divorce & Custody Solutions with 20+ Years of Experience
Family law cases can be complicated and hard to deal with, especially when children are involved. At Nanda and Associate Lawyers, our family lawyers have been helping clients in all their family law matters for more than twenty years. Our services include divorce, separation, property division and equalization, spousal support, child custody, and more. You can always rely on our family lawyers in Oakville to handle your cases with care, compassion, and consideration.
Our family lawyers are well-known for their client-focused approach and for offering pragmatic legal solutions to all their family law disputes, including representing them in the family courts if required. We know that the stakes are high in family disputes, especially when you are fighting for the custody of children. We have an excellent track record of defending the legal and financial rights of our clients in the family courts and securing favourable orders in their cases. Get in touch with our family lawyers in Oakville for legal support and guidance in your case!
TRUSTED CLIENTS
LANGUAGES
YEARS OF EXPERIENCE
4.8 Star Rating
Our Family Law services in Oakville
How can our Family lawyers in Oakville help you?
Though most of us prefer it, not all family disputes are settled in private through negotiations. When relationships irrevocably break down, disputes often end up in the family courts for resolution. With our experienced Oakville family lawyers fighting in your corner, you will have the best chance of securing the final court order in your favour. Be it a divorce, separation, property division and equalization, spousal support, child custody, and more, you can always rely on us for the necessary guidance and legal support throughout.
Divorce
A divorce can either be amicable or contested. When both spouses are on the same page on the divorce, the application can be submitted jointly, and the final divorce order issued fairly quickly. But in a contested divorce, the courts will have to step in and resolve the issues the couple is fighting over. It is crucial to have experienced Oakville divorce lawyers representing you in the case when important decisions on child custody, child support, spousal support, and property division are disputed in the family court. Connect with our legal team today for timely and effective legal support in your divorce case.
Child Support and Section 7 Expenses
The burden of financially supporting and raising the children has to be shared between former spouses after a divorce. When there is income disparity between them, there is bound to be a dispute on who will bear most of the burden in such cases. If the matter reaches the family court, the final child support order will be based on the earning capacity of the parents and the number of children they are supporting at the moment. Section 7 expenses refer to any amount in addition to the basic child support as mentioned in the Federal Child Support Guidelines. Expenses such as daycare, babysitter expenses, arts or sports program fees, private tutoring, special needs schooling, and expenses for post-secondary education fall under this category. If you need advice on what the appropriate child support amount will be in your case, contact our divorce lawyers in Oakville for a consultation.
Child Custody
It is worth mentioning here that as of 2021, Canada has updated the Divorce Act, replacing terms like ‘child custody’ and ‘child access’ with decision-making responsibility and parenting time. This was done to emphasize the fact that the court will be looking at this decision based solely on the best interests of the child and not as a continuation of the divorce proceedings between the spouses. The court will look at the habitual residence and current living and educational arrangements of the child and whether changing them will be in the best interests of the child. If you need assistance or legal representation in a child custody dispute, feel free to reach out to our Oakville family lawyers today.
Spousal Support
Divorce will be harder on the spouse who was financially dependent on their partner during the marriage. Once the divorce is finalized, they will have to figure out a way to financially support themselves. In some cases, the courts might decide that the higher-income spouse is expected to continue financial support either temporarily or permanently after the divorce in the form of spousal support. The court will look at various factors, such as the current economic situation of the former spouses, the duration of their marriage, the role played by them during the marriage, and the current age of the spouses. Please note that the lower-income spouse does not automatically become eligible for spousal support. The court will decide on this matter on a case-by-case basis. Get in touch with our Oakville family lawyers if you need any further information on such matters.
Property Division
When a marriage dissolves, it can become difficult to agree on how the property should be divided between the former spouses. While the spouse who contributed economically more to the relationship during the marriage might be hoping for a bigger share of the marital property, the law treats marriage as an equal partnership. This means that all the marital property and the wealth accumulated during the marriage may be divided equally between the spouses. Also, the law grants equal ownership and possession rights over the matrimonial home to both parties. To get better clarity on how the property will be divided in your particular case, consult with our family lawyers in Oakville today.
Awards & Recognition
Connect with our Oakville Family Lawyers today!
It is crucial that you employ the services of an experienced and knowledgeable family lawyer from the very beginning of your case. This will ensure that your legal rights and financial interests in the dispute are safeguarded. An experienced lawyer will pursue the correct legal strategy to ensure that you achieve your goals in the case, whether it is the custody of your children or a more fair and just spousal support. Regardless of your family law requirements, feel free to connect with our family law team for a consultation today!
Experienced Team
Family law is quite vast in nature! Our lawyers have extensive experience in all aspects of family law, so that you remain in reliable hands.
Proven Track Record
We have a solid reputation for successfully managing complex family cases.
Personalized Approach
Each family matter is different. Be it divorce, separation or child custody, we take the time to understand your specific needs and provide you with a suitable legal solution.
Compassionate Support
Our lawyers have seen all types of cases. This is why we provide empathetic support throughout your family law matter. We always want to help you manage your legal problems easily.
Client-Centered Service
We are committed to exceptional service, this is why you have direct access to your lawyer and receive regular updates on your case.
Top Rated Firm
We are recognized for our excellence in family law with multiple awards. We have been awarded Top Family Lawyers in Brampton from past 8 consecutive years.
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!
Do I have to support my husband if we are separated?
Spousal support is not an automatic right in the event of a separation or divorce. However, it is possible that if your husband was financially dependent on you during the course of your marriage, you might be required to support him either temporarily or permanently once you are divorced or separated. You need to consult our divorce lawyers in Oakville to figure out how this will apply in your particular case.
What happens if one spouse doesn’t want a separation?
The law allows you to pursue separation or divorce with or without the consent of your spouse. However, it goes without saying that if both parties are on the same page, the whole process of separation or divorce will go very smoothly and quickly, and it will be less expensive in terms of court fees and legal expenses. When the spouses are not in agreement, the court has to rule on these matters after hearing arguments from both sides. Obviously, this will be a longer and more expensive process. With your spouse refusing to sign the separation agreement, you will have no choice but to pursue the matter through the courts. Consult with our Oakville family lawyers to explore your legal options if your spouse is not cooperating with the process.
Do I have to pay child support when I have 50/50 custody in Ontario?
Yes. You might still be required to pay child support in a 50/50 custody situation. As per the family law, the child support obligations are mainly determined based on the earning potential of the spouses rather than the allocation of the parenting time between the two. In other words, even when both parents have an equal parenting time arrangement in place, the higher-income parent might be required to pay the difference amount to the other parent as child support.
Can you be separated and still live in the same house?
Yes. It is possible to live in the same house and meet the definition of ‘separate and apart’ as per the Divorce Act. The courts understand that the spouses might still have to live under the same roof for practical reasons. While living in the same house, the couple may sleep in separate rooms and maintain separate financial arrangements throughout the one-year period of separation. The most important thing here is for both spouses to sign the separation agreement and agree on the date of separation. Reach out to our divorce lawyers in Oakville if you need legal guidance and any help with drafting the separation agreement.
Does remarriage affect child support in Ontario?
Under Canadian law, child support is the legal obligation of the parents. The amount is calculated based on the requirements of the child, the earning capacity of the parent, and the number of children they are supporting at the moment. The change in marital status of one of the parents does not really factor into the equation, unless this remarriage increased the number of children supported by that parent. In other words, if it can be proven in court that the remarriage resulted in increased financial burden on that parent, the court might be willing to consider revising the child support order. If you are dealing with such a situation, consult with our Oakville family lawyers to explore the legal options available.
What is a common-law spouse entitled to in Ontario?
In the event of a separation, the rights of a common-law spouse are not the same as those of a wife in Ontario. The main difference is the right to property division and equalization. While a wife is entitled to her share of the marital property regardless of the name on the title, in the case of a common-law spouse, they are not entitled to any share of the property that is in their partner’s name. If they have contributed in some way to the partner’s property, they will have to prove this in court. Also, common-law spouses will be entitled to spousal support only if they have been cohabiting for more than three years or if they have biological or adopted children together, indicating the permanent nature of their relationship. It is best to consult with our Oakville family lawyers to figure out what the impact will be in your particular case.