Family Lawyers in Mississauga & the Greater Toronto Area
Separation can be difficult, and the choices you make during this time may affect your children, your home, and your financial security for years to come. Led by Principal Counsel Junaid Kayani, our team helps clients all across the Greater Toronto Area including Halton & Peel Regions. We handle family law matters with clear advice and practical solutions. Whether your matter can be resolved through negotiation or needs to go to court, we work to protect your parenting rights and financial interests under Ontario family law.
30+Years in Ontario practice
6Languages spoken
8Practice areas
1994Called to the Ontario Bar
What Family Law Matters Involve
Statistical data has confirmed historically over 90% of the separations and divorces are resolved by agreements between the parties rather than by the Court decisions. A separation agreement can address all or most of the issues including parenting (previously known as custody), support and property division. It is a binding contract and becomes enforceable once properly executed.
Ontario law requires full financial disclosure between spouses before a separation agreement is executed. Where financial disclosure is incomplete, or where a party did not understand what they were signing, a court may set aside the agreement under section 56(4) of the Family Law Act. Obtaining independent legal advice before signing such agreement is extremely important.
Key Family Law Services Handled by Our Firm
Separation and divorce
Separation and divorce are two separate steps in Family law Proceedings in Ontario. Most of the substantive issues, parenting, child or spousal support and division of family property are dealt with in a separation agreement, which can be negotiated without going to court. A divorce formally ends the marriage, and in most cases requires the spouses to have been separated for one year.
We also prepare marriage contracts and cohabitation agreements for couples who want to set out how property and support would be handled if the relationship ended.
Children
Ontario law now refers to decision-making responsibility and parenting time rather than custody and access. We assist with parenting arrangements, whether agreed between the parties or determined by a court, applying the best interests of the child as the governing test.
Child support in Ontario is calculated under the Federal Child Support Guidelines, using the payor’s income and the number of children, with additional expenses shared proportionately. We advise on child support, including the table amount, section 7 expenses, and applications to vary an existing order where circumstances have changed.
Support and property
Spousal support is assessed first on entitlement, and then on amount and duration with reference to the Spousal Support Advisory Guidelines. Whether support is payable at all depends on the circumstances of the relationship rather than on a formula.
Married spouses in Ontario are entitled to an equalization of net family property on separation, which divides the growth in each spouse’s net worth during the marriage. The matrimonial home is treated differently from other property, and we advise on how it is dealt with in the calculation.
Urgent protection
Where there are immediate safety concerns, a court can make an order restricting contact or excluding a person from the home. We assist families in obtaining restraining orders by filing urgent motions where protection is required at short notice.
Common-Law Relationships in Ontario
Ontario treats married and unmarried couples differently on separation, and the difference surprises many people.
Common-law partners are not entitled to an equalization of net family property. Property is generally divided according to who owns it, regardless of how long the couple lived together. A partner who contributed to a property they do not legally own may still have a claim, but it has to be established through a trust claim or a claim in unjust enrichment rather than through the automatic entitlement married spouses have.
The matrimonial home provisions of the Family Law Act also do not apply to common-law couples, which means the equal right of possession that married spouses have does not arise.
Child support and parenting rights, by contrast, do not depend on marital status. Spousal support may be available to a common-law partner where the statutory qualifying period is met.
A cohabitation agreement is the most direct way for unmarried couples to set out how property and support would be handled if the relationship ended.
How a Family Law Matter Usually Proceeds
Not every separation follows the same path, and the route taken affects both cost and how long the matter takes.
Negotiation. Most matters are resolved through negotiation between the parties or their lawyers, resulting in a separation agreement. This is generally the fastest and least expensive route.
Mediation. A neutral mediator helps the parties reach agreement. The mediator does not decide the outcome, and any agreement reached is usually put into a separation agreement afterwards.
collaborative process. Both parties and their lawyers commit to resolving matters without going to court, often with financial and parenting professionals involved.
Court. Where agreement is not possible, or where urgent relief is required, the matter proceeds through the court. This is the most costly and the slowest route, and most cases that are commenced in court still settle before trial.
We discuss which route is realistic for your circumstances at the first meeting, and we work on staged retainers with a written scope at each stage.
Separation often affects other legal arrangements. Where the matrimonial home is being sold or transferred between spouses, our real estate team handles the transfer of title. Where a business interest forms part of the property to be divided, our corporate commercial team advises on valuation and shareholder arrangements. Separation can also affect a spousal sponsorship or conditional permanent residence, and our immigration team advises on the consequences.
Have questions about separation, parenting, support or family property? Contact our team to discuss your circumstances.
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Contact Us:
- 2246 Britannia Road West, Mississauga, ON, L5M 1R3
