Family Law

While some family law matters may seem straightforward, they often involve complex issues related to custody, support, and property. These require careful navigation through a dense framework of legal rules and jurisprudence.
At Maheshi Law Professional Corporation, we recognize the emotional and financial impact that separation or divorce can have on an individual and their family. We maintain a compassionate approach throughout each phase of the process. Whether it involves drafting a separation agreement or initiating a court application, Maheshi Law Professional Corporation is committed to guiding you every step of the way. Rely on our legal expertise and experience to help you effectively manage the complexities of family law.
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Separation Agreements

Preparing a separation agreement is one of two ways to resolve a family law dispute in Ontario (the other being through a court proceeding).

The length of time involved in preparing a separation agreement depends on:

  • The complexity of the issues and
  • How much in agreement the parties are or
  • How willing they are to come to an agreement

Every term of the agreement must be agreed to by both parties and each party must receive independent legal advice from their own lawyer before signing the final agreement.

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Cohabitation Agreements

In Ontario, resolving a family law dispute can be achieved through two main avenues: preparing a cohabitation agreement or engaging in court proceedings. The time required to draft a cohabitation agreement varies based on the complexity of the issues at hand and the degree to which the parties are in agreement or willing to negotiate. It is crucial that all terms of the agreement are mutually agreed upon by both parties. Additionally, each party must receive independent legal advice from their respective lawyers before signing the final agreement.

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Parenting Agreements

Sometimes separating couples do not need a full agreement that deals with property and other family law issues, but rather only an agreement that focuses on custody and parenting time after separation. These types of agreement can help remove uncertainties and avoid confusion and disputes that often arise with respect parenting issues post-separation.

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Family law issues can be lengthy and complex, not to mention draining during a probably already difficult time in your life, which is why it is important to consult with a legal professional who can at least try and simplify the issues and point you in the right direction even if you are not prepared (whether it be mentally or financially) to retain a lawyer to resolve your matter.

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Divorce Application (Uncontested & Contested)

It is sometimes the case that a couple is unable to come to an agreement on their family law issues, even with the help of their respective lawyers. In these cases, it may become necessary to begin a court action by filing an Application with the appropriate court that being the Ontario Court of Justice or the Superior Court of Justice depending on the family law issues in question.

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Marriage Contracts (aka: Pre-Nuptial Agreements)

A common misconception is that a marriage contract, or a pre-nuptial agreement, must be entered into prior to marriage, but in fact a marriage contract can be entered at any point during the marriage. With that said, there are certain rights to the matrimonial home that cannot be dealt with by way of a marriage contract.

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Independent Legal Advice

In family law matters, there are occasions when a spouse or an involved third party must obtain a Certificate of Independent Legal Advice (ILA) to verify their understanding and agreement with the transaction. Maheshi Law Professional Corporation is equipped to assist with all your ILA requirements.

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