812-363 Broadway, Winnipeg, MB R3C 3N9 P.
f. 204-942-7549 e.
Experienced Family Lawyer in Winnipeg
At Fishman Beley Family Law Associates, we believe it is essential for our clients to be well-informed about the law and their case in the context of the law and practice. Family Law can be an arduous and demanding process to deal with. However, with the expertise of Fishman Beley Family Associates, we can help alleviate your stresses and provide you with the knowledge you need. Our family lawyer offers all the help and support you need to navigate turbulent times.
The Family Law Primer provides you with brief definitions of the basic concepts and practices that arise in a family law case, in Winnipeg, Manitoba, especially when dealing with Child Custody Law, Child Support Law, issues in Spousal Support Law or Property Matters.
Watch this presentation Len Fishman gave to Community Legal Education Association in November 2021.
Family disputes may also include financial negotiation, inheritance issues and drafting of separation, common-law partner and pre-nuptial or pre-cohabitation agreements.
Disputes in the family can involve intense emotions and affection. Our family lawyers are compassionate, empathetic, objective and are always ready to listen to you with an open mind. We help you arrive at a fair resolution by safely navigating through all factors.
Our family lawyers are trained to resolve disputes through various procedures, including litigation and mediation. Count on us if you wish to settle family law disputes outside the court.
Understanding Family Law in Winnipeg
Family law in Canada is an area of shared jurisdiction between federal, provincial and territorial governments. While the federal government is responsible for divorce and related matters, such as parenting and support, the provinces have jurisdiction relating to matters of separation, where no divorce is sought, and to unmarried couples, covering many of the same issues and property matters.
The provinces also are responsible for the administration of justice, such that each province has its own courts and respective rules and procedures. Manitoba’s family court system has undergone massive change in the last couple of years.
Not sure which matter or approach is right for you? Fishman Beley Family Law Associates have experience with family law litigation, settlements, meditation and arbitration.
Our Legal Services
Family law is not just about the divorce or separation of a couple or family. It includes marriage and common-law relationships, spousal and partner support, child custody, family property, income tax, and other aspects related to after-separation consequences.
The lawyers of Fishman Beley Family Law Associates provide legal assistance to resolve the issues arising from the divorce and separation processes through litigation or with alternative dispute resolution (ADR). Our services include-
Settlement/Mediation/Arbitration: Most family law cases get resolved by settlement at any step along the way without trials, but we have vast experience representing your case in court when necessary.
We follow ADR (Alternative Dispute Resolution) approaches to settling a family law case like-
Reconciliation: It is the first and foremost approach to settling the case without going to trial. The court and every lawyer must consider this possibility by holding discussions with both parties unless it is clearly out of the question.
Negotiation: It refers to discussions in 4-way meetings with counsel and both parties. Negotiations are undertaken by lawyers. All the proceedings between both parties and counsel will not be taken as part of subsequent court proceedings.
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Without prejudice: This allows the parties to speak freely without being bound by their offers or suggestions in the negotiation process.
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A level playing field: It helps negotiations to occur without fear and intimidation so that both parties can achieve complete and candid financial disclosure with mutual respect.
Mediation: This dispute-resolution approach involves an independent person as a mediator and discusses the situation either separately or together. The mediation process is on a “without prejudice” basis so that both parties can freely explore concerned issues without hesitation and seek independent legal advice.
Arbitration: When the parties cannot achieve the results after the negotiation and mediation process, arbitration by an independent legal counsel is sought by signing a certificate of independent legal advice. An arbitrator can be chosen by concerned parties or their lawyers and should be a family law lawyer with at least 10 years of experience.
Marriage and Common-law/Same-sex Relationships
The family law of Manitoba provides the solemnization of marriage and the age of intended spouses and prohibits the marriage of close-blood relatives.
Since 2005, same-sex or common-law relationships have become legal to accept and regulate in Canada.
A common-law relationship is said to be established if two persons live together for three years, and then its dissolution is done by family law. The legal remedies available to a married couple on their separation or divorce will apply to the couple also.
Separation and Divorce
We have experienced family lawyers to handle the divorce process. They are knowledgeable in the field of family law to advise you to get the best out of a divorce in terms of financial and custodial gain.
The process begins with filing and serving a Petition for Divorce to get a formal certificate of divorce from the court as proof necessary to apply for a marriage licence. Or simply a petition when the parties don’t want to live together without divorce and in common-law relationships.
Division of Assets
Whether it’s the equalization or division of property acquired during a marriage, disposition of a family home, or division of any other substantial assets like savings, pensions and retirement accounts, we can help you with a fair division of such assets.
Child Support and Custody
Whether you want to ensure that your child is supported financially, want equal access to your child as a parent or seek primary care or custody of your minor children, our family lawyers in Winnipeg can help.
Spousal Support
We can help you determine if you are entitled and how much you should receive as spousal support.
In order to divide the family income between the spouses equitably, spousal support is an eventual arrangement in the form of money provided by the partner with a higher income than the other. The payment of spousal support may not always be a part of the settlement in divorce cases and/or is determined by need. The entitlement to spousal support is established by one of the following three main grounds:
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To compensate the partner who has stayed at home to take care of the children and manage the household.
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Entitlement is based on “contractual” principles, where the parties might have entered into a written or oral agreement for being responsible for each other’s support.
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Based on the parties' extended period of cohabitation, the result of a divorce should be equal so that they can maintain a comparable lifestyle.
Spousal support is calculated using the Spousal Support Advisory Guidelines by considering various factors, including child support arrangements. Our family lawyers are well aware of the impact of family law on your property and children. They can represent you efficiently with their extended knowledge and experience.
Family Property
Another issue of divorce is the property division process, which involves compiling a list of family assets and debts. The Family Property Act defines family assets as property used for family purposes and the funds in various account heads, RRSP, insurance and annuity policies.
FAMILY LAW – LEGAL ISSUES
FAMILY LAW – PRACTICE ISSUES
Dependable Family Law Practitioners in Winnipeg
If you need knowledgeable and experienced legal assistance with respect to family issues, we are here to help. Family law is complex and complicated and requires correct representation. With decades of experience backing us, we are well-equipped to handle all your family law issues. We are known in and around Winnipeg for our great client support and quality services. Looking at the sensitivity of the issues at hand, we offer empathetic and compassionate solutions. We will be happy to help you, no matter how complex the situation is. If you need legal guidance, give us a call today.
Contact Us
Fishman Beley Family Law Associates has highly experienced lawyers who have been practicing family law for more than 45 years and are actively involved in legislative changes, the education of peers and the public, and committee work. Call us for legal counselling and representation of your case in court.
Compassionate and Practical Legal Assistance to Represent Your Family Law Issues
Our highly professional and experienced family lawyers manage sensitive issues affecting you and your family members.