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Gahir & Associates | Family Law

Family Law

Family LawFamily law matters are often stressful from both a personal and financial perspective. Our firm is skilled at addressing family law issues in a manner which provides successful solutions. Mr. Gahir Solving complex family problems requires both effective advocacy and skillful negotiation. It also requires the ability to listen and understand your needs. Our Family Law practice and family lawyers can help you in any area of family law, including pre-nuptial and cohabitation agreements; separation and divorce; custody and access; adoption; child and spousal support; equalization of property; pension adjustments; income tax advice; mediation and dispute resolution.

Sometimes family law issues can be resolved without litigation or the threat of litigation through the negotiation of favorable settlements and the drafting of valid binding contracts (such as separation agreements, co-habitation agreements or marriage agreements).

If litigation becomes necessary this firm has extensive experience in conducting family law cases and is able to present family law matters in a compelling, professional and successful manner.

Divorce

In Canada, the vast majority of couples are granted a divorce on the basis of marriage breakdown as evidenced by a one year separation or more. There is a provision in the Divorce Act for a court to grant a divorce on the basis of cruelty and/or adultery. However, if you wish to obtain a divorce on the basis of these latter grounds it is generally more difficult and expensive. We can discuss your situation in greater detail but generally my advice is to wait a year then proceed with the divorce. (For an overview of the “Uncontested Divorce” procedure

If you and your spouse can agree on how to divide your assets, and resolve any child-related issues, you can file what’s known as an uncontested divorce. Choosing an uncontested divorce saves you both time and money. More importantly, it saves you the stress of settling your divorce in court.

Custody/Parenting/Access

Parents are presented with two main issues with respect to custody. The first question is who will have primary care of the children. Often the parties will agree that the children should primarily reside with one parent. Other parents prefer to work out shared parenting plans with the children alternating their residence between the parents.

The second issue regarding custody is whether the arrangement will be called “sole”, “joint” or “shared” custody. These terms refer to whether the primary caregiver parent may make major decisions regarding the lives of the children solely or jointly with the other parent.

If you have any concerns about the custody of your children, please contact one of our lawyers immediately, particularly if there have been any recent changes in the care arrangements for your children or if there are any plans to change the custody or residence of your children. Inaction could be prejudicial to your case.

We aim to assist our clients to decide their position on the issue of the primary residence of their children and whether custody should be joint, sole or shared by working to understand each client’s unique situation. We provide to our clients with a full explanation of their legal rights to custody of their children. Where custody is disputed, we discuss with our clients the many options they have for pursuing custody of their children, the costs associated with each course of action and the probability of our client’s success.