Our Services
Legal areas that we cover
effective legal solutions
At JK Law Corporation, we are committed to providing high-quality legal services in the areas of Immigration Law and Family Law. Our dedication to professionalism and integrity allows us to effectively address the diverse needs of our clients.
- Family Law
- Immigration & Refugee Law
Family Law
When family relationships and the law intersect, emotions can often run high. Whether you are entering into a new and exciting phase of your romantic relationship through moving in together or getting married or you are coping with the dissolution of a relationship, JK Law can help smooth the way and provide you with peace of mind.
Guardianship and Parenting Arrangements
Guardianship and parenting arrangements are some of the most important issues for parents post separation. Generally, biological parents are presumed to be guardians of the children and only guardians may have parenting time and parental responsibilities. Parental responsibilities allow a parent to make day-to-day decisions and major life decisions, including but not limited to, the child’s education, health, religious upbringing, with whom the child associates, and where the child will reside.
The sole determinant for guardianship and parenting arrangements is “what is in the child’s best interests.” There may be circumstances where shared guardianship and equal parenting time may not be appropriate. We can help assess what is in the best interests of the children based on your unique circumstances.
Cohabitation and Marriage Agreements
Many people see entering into a cohabitation or marriage agreement as an indication that the partners do not have faith in the strength of their relationship. However, the qualities required to successfully create such an agreement are the same as those that make a relationship strong: honesty, practicality, respect for yourself and your partner and willingness to engage in difficult conversations and find fair and loving ways of resolving issues.
Unless a different agreement is made, the British Columbia Family Law Act requires that the property of married couples and couples that have lived together for two years or more be divided equally between the individuals upon the dissolution of the relationship. Certain property, such as property that was owned by one person before the relationship began, gifts that were given specifically to one person and inheritances, are excluded from this division.
However, even with the Family Law Act’s guidance, issues of ownership and division of property can become unclear and contentious at the end of a relationship. Moreover, the Family Law Act does not apply to couples who have lived together for less than two years.
A well-drafted marriage or cohabitation agreement allows couples to clarify what property belongs to which partner and make their own decisions regarding how property will be divided if the relationship ends. It can also promote harmony by setting out who will take care of certain household duties and how property and debts will be managed during the relationship.
Having the foresight to create a cohabitation or marriage agreement early on can help to provide clarity and comfort and avoid unnecessary conflict in the future.
Child Support
After separation, parents are required to financially support the child(ren). The amount of child support is determined based on the federal Child Support Guidelines. The amount of child support is based on several factors including income of the payor parent, and the number of children and where the child resides as the amount varies for each province.
In a shared parenting arrangement, where the child spends at least 40 per cent of the time with each parent, the parent with the higher annual income will pay the set-off amount to the parent with the lower annual income.
The amount of child support may need to be changed if there is a change in circumstances, including but not limited to, change in the annual income of the payor parent, new financial income which wasn’t available before or discovered at the time the order was made, or the child is over the age of majority but still dependent.
We can assist in determining the appropriate amount of child support and assess whether circumstances warrant a change in the amount of child support payable.
JK Law can work with you to create a cohabitation or marriage agreement that will provide you and your partner with peace of mind. We are also happy to review an existing or proposed agreement to ensure that your rights are protected and that the agreement will withstand judicial scrutiny.
Separation Agreements
Even when a separation is amicable, untangling your life from that of your ex-partner is stressful. A separation agreement can remove some of the stress by allowing you and your ex-partner to clearly set out your rights and obligations to one another in regard to issues such as division of property, spousal support, child care and visitation, parental decision-making and child support, without the need for judicial intervention.
Entering into a separation agreement rather than litigating will save you time, money and unnecessary conflict. Furthermore, an agreement can be tailored to the specific needs and circumstances of the individuals involved, making it more likely that both people will abide by it.
JK Law can work with you to create a separation agreement that will provide you and your ex-partner with clarity and peace of mind. We are also happy to review an existing or proposed separation agreement to ensure that your rights are protected and that the agreement will withstand judicial scrutiny.
**Adultery and cruelty are also grounds for divorce but a divorce based on these grounds cannot proceed as a desk order divorce.
Desk Order Divorce
JK Law believes in conducting divorces in a way that minimizes conflict and promotes cooperation—an approach that is particularly valuable for parents who need to continue to work together to care for their children.
In order to be legally divorced in British Columbia, you must obtain a divorce order from the B.C. Supreme Court. A “desk order” divorce, also known as an “undefended” or “uncontested” divorce, allows you to obtain a divorce order without having to appear before a judge, so long as you can establish that you have been separated for at least one year.
A desk order divorce requires the couple to make arrangements regarding issues such as division of property, spousal support, child care and visitation, parental decision-making and child support. Such arrangements can be set out in a separation agreement (see above) and affidavits that will be filed with the court.
JK Law can work with you to make your divorce as stress-free as possible. We will ensure that you understand each step of the divorce process, that your rights are protected and that your divorce goes smoothly, without unnecessary conflict and stress.
While JK Law endeavours to deal with family law matters outside of court, we recognize that sometimes matters become too complicated or contentious to be negotiated without judicial intervention. When this occurs, JK Law will provide you with the strong representation required to ensure that you receive a just result.
Family law is a complex area. Make sure you get the right information. Whether you have questions about how the law applies to your situation or someone in your family has commenced a family law proceeding, JK Law can provide you with clarity about the law, ensure that your rights are protected and empower you to make sound decisions.
JK Law can provide a consultation or independent legal advice on the following matters:
- Guardianship and Parenting Arrangements
- Child Support
- Spousal Support
- Property Division
- Cohabitation and Marriage Agreements
- Separation Agreements
- Desk Order Divorce
- Adoption
Immigration and Refugee Law
Coming to a new country or leaving your country of origin to seek refuge elsewhere is a profoundly life-changing event. JK Law can help make the process go smoothly by providing you with compassionate, professional advice and assistance on your immigration or refugee matters.
JK Law can help you navigate the ever-changing area of immigration law by providing you with clear information about what is required for a particular temporary resident permit you are seeking and filing the paperwork necessary to obtain the permit. We can also help you extend a temporary residence permit or restore your status.
Temporary Resident Permits (Visas) and Restoration of Status
If you wish to visit Canada on vacation or come to Canada temporarily to study, work or visit family or friends, you will require a temporary resident permit, also known as a visa. In order to obtain a permit, you will need to prove to Canadian immigration officials that you are prepared to leave Canada at the end of your stay. You will also need to show that you have enough money to support yourself and any family members who accompany you, that you have no record of criminal activity and that you pose no risk to Canadian security. The reasons for and length of your stay may trigger other requirements, such as the need for a medical exam.
If you have overstayed the permitted length of your visa or have lost your status by failing to comply with certain conditions of your permit—for example, by changing jobs while on a work permit—you can apply for a restoration of your temporary resident status within 90 days of having lost your status. In this application, you will be required to prove that you have met and continue to meet certain requirements and conditions.
Permanent Resident Applications
JK Law would love to assist you in making Canada your home or reuniting you with family members living abroad. There are many routes to becoming a permanent resident of Canada, each with their own particular requirements. JK Law can advise you on the legal requirements and file the paperwork necessary to apply for the following immigration categories.
Economic Class
There are a wide variety of economic-based immigration categories. Whether you are a skilled trades person, an entrepreneur, a caregiver, an investor or someone who is interested in settling in a rural or Northern region of Canada, there is a route to permanent residence available to you.
JK Law can ensure that you fulfill the necessary requirements for economic class immigration and file the appropriate paperwork for you to obtain your permanent residence.
Humanitarian and Compassionate Grounds
Generally, one is required to apply for permanent residence while outside of Canada. An exemption is permitted where an individual makes a successful claim based on humanitarian and compassionate (H & C) grounds. An application based on H & C grounds is only available if you are not eligible to apply for permanent residence through another immigration category or to make a refugee claim.
An H & C application must show that there are compelling reasons for you to be granted an exemption from proceeding through the usual immigration channels. For example, you may be able to show that poor health prevents you from leaving Canada or that you have a strong possibility of facing violence if returned to your home country.
Having permanent residence granted based on H & C grounds is an extraordinary measure, so it is important that you have a strong application. JK Law can advise you on the state of the law surrounding H & C grounds, ensure that your grounds are clearly articulated and ensure that you provide all of the evidence necessary for immigration officials to find in your favour.
Family Class
Family class immigration is designed to reunite Canadian citizens and permanent residents with close family members, which include one’s spouse, common-law or conjugal partner (opposite or same-sex), dependent children (biological or adopted), parents and grandparents. Other relatives may be eligible to be sponsored under specific circumstances.
Canadian citizens or permanent residents are required to sponsor immigrating family members. This requires them to enter into an undertaking to provide financial support for their family members for a certain amount of time.
JK Law can help reunite you with your family members by ensuring that you understand the immigration process, that you fulfill the legal requirements and that the paperwork is completed and filed correctly.
Refugee Claims
There are any number of reasons that an individual might seek a better life in Canada; however, refugee protection applies only to those who fit the specific definition of a refugee: an individual who is seeking protection from persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group.
Generally, a refugee claimant must be outside of their country and be unable or unwilling, based on a well-founded fear of persecution, to avail themselves of their country’s protection. Some people who are in Canada may be eligible for refugee protection if they fear persecution in their country or would be in danger of torture, death or cruel and unusual treatment or punishment if they had to leave Canada.
The refugee claim process can be emotional and difficult to navigate. JK Law can ease the process by providing you with up-to-date and easy-to-understand information and providing you with compassionate, professional assistance and support throughout the process.
Appeals and Judicial Reviews
If your immigration or refugee application has been rejected, do not lose heart. There are avenues to having the decision reversed, either through an appeal to the Immigration and Refugee Board or through a judicial review by the Federal Court.
JK Law will thoroughly review your negative decision and advise you on possible grounds for an appeal or judicial review. If you decide to proceed with an appeal or judicial review, we will provide you with compassionate, professional assistance throughout the process and with strong, effective representation at any appeal hearings.
Other Services
Real Estate
Buying, selling or renting a home is a big step that can elicit both excitement and stress. JK Law can help remove the stress and create peace of mind by providing assistance with the following matters:
- Purchase and Sale
- Lease and Rental Agreements
- Mortgages and Refinancing
- Transfer of Ownership
JK Law would also be pleased to provide independent legal advice on any of the matters above.
Wills and Estates Planning
Planning for death or incapacitation is not an easy process. However, getting the proper paperwork in place can help to avoid future complications and provide peace of mind for yourself and your loved ones. JK Law can help ease you through the process by providing compassionate, professional assistance with the following matters:
- Wills
- Powers of Attorney
- Representation Agreements, which appoint one or more persons as your representative to manage your affairs if you are incapacitated by illness, injury or age
JK Law would also be pleased to provide independent legal advice on any of the matters above.
Corporate
As an entrepreneurial venture itself, JK Law understands the importance of getting your business set up properly and keeping it running smoothly. Whether your corporation is small or large, public or private, for-profit or non-profit, JK Law can provide you with assistance in the following matters:
- Incorporation
- Purchase or Sale of a Corporation
- Drafting Shareholder Agreements
JK Law would also be pleased to provide independent legal advice on any of the matters above.
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