Family Law and Divorce Law
Our focus at Afzal Law Associates
Is to employ a holistic and comprehensive approach so as to allow clients to maximize their claims while keeping legal costs reasonable.
At Afzal Law Associates, We recognize that practice of family is a unique field that requires sensitivity and a comprehensive understanding of various social, cultural, emotional, psychological and legal dynamics. Children are often invisible and the most vulnerable party in any family dispute.
We As a Team
Keep these issues in mind to provide a complete array of legal services.
Family Law deals with diverse issues that touch the core of people’s lives. Issues such as decision-making and parenting time for children must be deal with in the utmost care and professional competence.
Our team at Afzal Law Associates Professional Corporation also recognizes the issues surrounding different cultures such as South Asian families that can include complex dynamics with extended family members and unique ties to their native lands.
Family Law Services
Once you have made the difficult decision to end your marriage, the next step is to make it legal by obtaining a divorce. Valid grounds for divorce in Canada include:
Living separate and apart for at least a year;
Adultery; and
Physical or mental cruelty
A divorce can be either contested or uncontested depending on the circumstances. Obtaining a divorce can be expensive and complicated depending on your situation.
Even a simple divorce may trigger other considerations such as limitation periods for certain claims. For example, you are required to make a claim for equalizations within 2 years of the divorce being granted or within 6 years of the separation. Otherwise, you may not be able to obtain this relief. It is important to consult a lawyer who can help you navigate the process and obtain the best results for you.
Dealing with custody and access disputes can be a stressful and daunting experience for most parents. The best interests of the children are always the most paramount consideration. Having a lawyer guide you through the various options and strategies is important. At Afzal Law Associates we strive to work with each of our clients to determine what is most important to them and get parents the best results possible.
Decision-Making and Parenting plans occur in the larger context of a family’s cultural and religious life. Our multi-cultural team of lawyers understand your cultural needs and contexts to help you better.
Child support is the right of the child. It is not for either parent but rather to benefit the child, even if it is being paid to one parent. Child support is generally determined by the income of the payor parent and the number of children. If you are entitled to support and obligated to pay support, you can determine the amount here.
A number of factors can make child support issues more complex such as where the payor parent is self-employed, has chosen not to work, earns some portion of their income in cash or where the children reside almost equally with both parents. It is important to consult a lawyer to discuss these issues more thoroughly. Child support may further be complicated if both parents live in different provinces or countries and income is earned in different currencies.
Spousal support are payments made by one party to the other after separation. There are generally three grounds on which on party may be entitled to spousal support from the other including:
- Compensatory factors;
- Non-compensatory factors (needs based); and
- Contractual
It is important to speak to a lawyer to determine if you have an obligation to pay or are entitled to receive spousal support. See the following for more information on spousal support (link to blog post on this issue).
The division of assets can be complex depending on the length of the relationship and the nature of the assets or debts accumulated. At Afzal Law Associates we will work with you to obtain the financial disclosure necessary to determine the appropriate amount each party is entitled to receive.
Property division can be further complicated if properties exist in different countries.
In Family Law property can include tangible and non-tangible assets.
Any inheritance, gifts, or insurance proceeds will also have a significant impact on division of family property.
If you and your former spouse agree on how you wish to settle the issues arising from the breakdown of your relationship, having a separation agreement drafted may be a good option. It is important that separation agreements are properly drafted to prevent any future disputes or legal challenges. At Afzal Law Associates we strive to understand our client’s goals when drafting a separation agreement and will work with you to ensure your concerns are addressed. It further allows you more control in determining how these issues will be resolved rather than having a court decide for you.
Adoption is a legal process where a party takes on the permanent responsibility for a child. The process of adopting can depend on the circumstances. If you are looking to permanently take on the responsibility for a child through adoption, we can discuss with you the steps involved and guide you through the process.
A cohabitation agreement is an agreement between unmarried parties who cohabit or are planning on cohabiting together.
A marriage contract or prenuptial agreement is an agreement between spouses that can be entered into prior to marriage or any point during the marriage.
Marriage contracts and cohabitation agreements can be useful in setting out both parties rights and obligations on the dissolution of the relationship. Retaining a lawyer to assist in the negotiations and drafting of a cohabitation or marriage contract can ensure that you are agreeing to equitable terms for property division, spousal support, child support, custody, access and dispute resolution process. It will also protect any agreement from legal challenge if there is a future dispute.
There are a number of alternate ways to resolve family law disputes outside of litigation in court including mediation, negotiation and arbitration. These alternate dispute resolution methods can be effective ways to reach a resolution that is satisfactory to all parties. At Afzal Law Associates we try our best to provide clients with cost effective and efficient options to resolve their disputes. ADR is not appropriate in all cases and it is important that you discuss these options with a lawyer first.
Ontario courts have been closed or working on limited schedule due to the pandemic. The case backlog has increased significantly, making ADR an attractive alternative.
At Afzal Law Associates we understand that hiring a lawyer can be costly, as such we offer a flexible approach to family law services that cover the spectrum from having a fully retained lawyer to providing assistance where needed through a limited scope retainer or unbundled family law services.
Q: What Are Limited Scope or Unbundled Services?
Unbundled or limited scope services allow you to hire a family law lawyer to assist with you with a specific task in your matter while you remain responsible for everything else. For example, you may retain a lawyer to prepare a specific court document for you. The lawyer’s work would end after he or she prepares the document and delivers it to you. You would be responsible for attending court or preparing and filing any other materials required in your matter. The specific task your lawyer will be responsible for will be outlined in an agreement between you and the lawyer.
Q: How do unbundled services of limited scope retainers differ from a full retainer
When you retain a lawyer fully they will handle your matter in its entirety, including drafting all documents, correspondences with the opposing party, preparing for and attending all court appearances, finalizing any settlements, attending mediations etc. You will be billed at the lawyer’s hourly rate for the time the lawyer spent on all of these tasks. Under a limited scope retainer, a lawyer will only assist you with a specific task in your matter and you will be responsible for all other steps. Deciding what type of legal services you require depend on a number of factors, including your comfort level with the processes, the nature of your family law proceedings and your budget. We are happy to discuss with you what option may be most suitable for you.
Q: What are the benefits of limited scope or unbundled services
The benefits include
- You can decide what services you require a lawyer for.
- You can control much you wish to spend in legal fees.
- You remain in control of the process.
Our Practice Area
Family Law
At Afzal Law Associates Professional Corporation recognize that the practice of family law is a unique field.
Tax & Corporate
We provide comprehensive legal solutions in Tax & Corporate cases, we aim to exceed our clients exceptions and insure your legal needs are protected in Tax & Corporate cases.
Wills & Estates
Afzal Law Associates recognizes that a will is the single most important legal document our clients will ever create.
Civil & Criminal Litigation
A comprehensive legal solutions for civil and criminal law.