Family Law

Divorce and Separation

Any breakdown of a relationship can be emotionally exhausting, and at the same time difficult and confusing. Dealing with complex financial matters, with careful decisions relating to child custody, property division, estate and trust issues, or sorting out new living arrangements to ensure a secure future is not an easy one.

At Duncan & Associates, our lawyers are entrusted as both that of a guide and advocate, helping you understand the maze of rules that govern family and divorce law. We are here to assist you during this most critical phase, giving you the advice that you need to evaluate your options and make informed decisions on your way forward.

We can assist you with the following family law matters:

• Divorce

• Custody and Guardianship

• Child Support & FMEP

• Spousal Support

• Property Division

• Estate and Trust Issues

• Separation Agreements

• Co-Habitation Agreements (Often Referred to as Prenuptial Agreements)

• Family Violence

• Protection Orders (Formerly Known as Restraining Orders)

As family law is changing, knowing your rights and obligations is the first step towards figuring out how to resolve any family law matter. We will recommend what is right for you – mediation, collaboration, or advocacy depending on your circumstances. When necessary, we also resort to court intervention to ensure preservation of property and assets, to ensure personal safety or to make a decision when a matter cannot be resolved.

Child Protection

The Ministry of Children and Family Development has extensive power to remove children when there are allegations of neglect or abuse.

We have a long track record of assisting families that are struggling with child safety matters. We act for parents, other family members and for children involved in these traumatic situations. Our ultimate aim is to see the return of children to their families wherever possible. We do not provide legal services to the Ministry of Children and Families (or its social workers) at any time.

We recognize that Indigenous children in care raises particular legal issues that are concerning for Indigenous people, families, communities and First Nations. We understand that these complexities and hurdles that the child protection legal process creates for Indigenous people, and often requires attention to detail and a commitment from legal counsel to raise difficult arguments to MCFD and the courts. We are dedicated to holding MCFD and social workers accountable for any wrongdoings.