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Archive for May 20th, 2014

What is Family Mediation? How Family Lawyer can help?

Posted on: May 20th, 2014 by BK Law

What is Family Mediation?

Family Mediation is an effective way to resolve and settle family conflict. Unlike, the court litigations, family meditation allows parties to maintain control and ownership of the entire process and emphasises the significance of cooperation and fairness. Parties are encouraged to communicate with each other to explore their respective needs and interests in order to reach to an agreement with the help of the Mediator.

The Mediator is not judging the parties neither is he/she providing legal advice to the parties. The Mediator facilitates a series of discussions with the parties leading to an agreement on the issues between the parties. The agreement is prepared in the form of Memorandum of Understanding. The parties would then take independent legal advice on the Memorandum of Understanding drafted by the Mediator. Now the process of drafting the Separation Agreement based on the Memorandum of Understanding begins.

Benefits of Family Mediation:

  • Parties and children are the priority
  • Parties determine the outcome
  • Removes adversarial atmosphere.
  • Cost Effective than court processes.
  • Short and simple than court processes.
  • Confidential and private process.

How Family Lawyer can help?

Before mediation process begins, it is important to first identify if family mediation is appropriate for you. It is recommended that you obtain legal advice before entering the mediation process. Your Family Lawyer can help in this regard.

Balvinder Kumar, the author of this article is a trusted Family Lawyer in Mississauga serving families across Mississauga, Milton, Brampton and GTA. Call us @ 905-290-7205 for more information.

Uncontested Divorce

Posted on: May 20th, 2014 by BK Law

Procedure for Obtaining an Uncontested Divorce  in Ontario

An application for a divorce can be brought in three ways:

  1. A Simple Application: This application deals only with divorce.
  2. A General Application: This deals with a request for divorce, and other claims; and
  3. A Joint Application: This is brought by both spouses jointly which is on consent of both parties.

This article is intended to address the procedure for bringing a Simple Application.

Simple application for divorce is filed in the court in the municipality where you live along with your original marriage certificate and the application fee. Once the Application has been filed, the respondent is served with the copy of the complete application of divorce as has been filed. The respondent has 30 days to review, respond and serve an answer to the applicant.

If no answer is received, then second set of documents are filed with the Court. The second sets of documents are Affidavit of Divorce and Divorce Order alongwith the set down fee.

Your completed file is then sent to a judge to be reviewed. Neither you nor the respondent is required to appear before the judge. If the judge is satisfied with all the materials filed, he or she will grant the Divorce Order. The divorce order is then sent to the applicant or his lawyer and to the respondent.

Obtaining the Certificate of Divorce

The Certificate of Divorce is proof that the divorce has been granted. It is not automatically sent to you or the respondent. It must be requested from the court and an additional fee must be paid. Once the court staff obtains the request, they will check the file to ensure that there has been no appeal of the Order. If everything is clear, the certificate is issued.

Call me at 905-290-7205 for more information