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Absolutely, open and honest communication is key in any husband-wife dispute. If you’re feeling a lack of compatibility or suffocation in the relationship, approaching your spouse in a calm and compassionate way can make a big difference. Honest conversations like these, approached with mutual respect, can often lead to meaningful changes, whether that’s through better communication, adjusting expectations, or even deciding if a different path might be healthiest for both of you.
In our Family Law practice we have extensive experience in all areas of family law including:
Divorce applications.
Cohabitation and Marriage Contracts.
Separation Agreements.
Custody, Decision Making Responsibility, Parenting and Access matters.
Child and Spousal Support matters.
Property Division matters.
Constant unhappiness, stress, disrespect, and persistent arguments are signals that something isn’t right in the relationship. While every relationship has its ups and downs, a consistent pattern of negativity can be harmful for both partners’ mental and emotional health. Acknowledging when things aren’t as they should be is a courageous step, and addressing it proactively can pave the way to a healthier, more fulfilling relationship—whether it’s through healing together or finding peace separately. Discuss with your lawyer all the financial complications, division of assets, support and rights arising out of separation. Discussing these aspects with a lawyer is critical when navigating a separation, as the financial and legal implications can be complex. A lawyer can help clarify rights and obligations, provide guidance on fair asset division, and ensure you’re fully informed about the support structures available to you. Talking through the various aspects of divorce with your lawyer is essential to navigating this often complicated process.
Indian divorces can get complicated quickly. More people—parents, siblings, in-laws—get dragged into legal proceedings. At Chohan & Chatha LLP, we understand how important it is to protect family assets and relationships while managing your legal rights.
✅ We speak Punjabi, Hindi, and English
✅ We understand South Asian family values and dynamics
✅ We work to minimize unnecessary court battles and litigation costs
📞 Book a consultation with us to discuss your case and find a clear legal strategy.
At Chohan & Chatha LLP, we are more than just legal advisors—we are dedicated partners who guide our clients through some of the most challenging moments in their lives. With a deep commitment to providing the best possible resolutions, we offer expert legal counsel on a wide range of issues arising from divorce, cohabitation, marriage, and separation. We understand that family law matters are not only complex but deeply personal, often bringing with them immense emotional strain. That’s why our approach is centered on not only protecting your legal rights but also offering you the support you need as you navigate these difficult circumstances.
Each client’s situation is unique, and we take the time to fully understand the specific details of your case, recognizing that no two cases are the same. We carefully analyze the law as it applies to your personal circumstances and work with you to craft a strategy tailored to your goals and needs. Our primary focus is always to achieve the best possible outcome, and whenever possible, we explore all reasonable options for a negotiated settlement. This approach often leads to quicker, more amicable solutions that help reduce the stress and emotional toll on you and your family.
However, we know that not all cases can be resolved through negotiation. In those instances, you can trust that we will stand by your side with the experience and expertise necessary to advocate for you in contested litigation. Our team has a proven track record of effectively representing clients in court, and we approach each case with the preparation, tenacity, and dedication needed to fight for your rights and interests.
At Chohan & Chatha LLP, we believe that the legal process should not add to the burden you’re already carrying. That’s why we are here to make it as smooth and stress-free as possible, giving you the confidence and clarity to move forward. Whether through settlement or litigation, we are committed to delivering results that not only meet your expectations but exceed them. Your well-being is our priority, and we will work tirelessly to ensure that your voice is heard and your concerns are addressed.
Free Consultation in English, Punjabi & Hindi.
Consult our Divorce & Family Law Lawyers who are fluent in English, Punjabi, and Hindi.
Gagandeep Kaur Chatha & Suraj Singh Chohan
(Barristers & Solicitors)
Married in a foreign country and wanted to get a divorce in Ontario. We can help you.
If your spouse is living in another province or another country and you want a divorce in Ontario. We can help you.
If your spouse is harassing you, abusing you, and treating you with cruelty both physical and mental. We can help you.
Dividing Property, Debt & Jewelry in Indian Divorce Cases
By Chohan & Chatha LLP – Divorce & Family Lawyers
When Indian couples divorce in British Columbia, property division often becomes more complicated than it is in other families. Why? Because in many South Asian households, wealth like houses, businesses, and down payments is built communally, with help from parents, in-laws, or extended family.
At Chohan & Chatha LLP, we regularly advise Punjabi and Hindi-speaking clients facing separation or divorce. We understand that in our culture, it’s common for relatives to provide financial support—whether through loans or gifts—but very few families put these agreements in writing. That can create serious legal complications when a marriage ends.
This article covers the most common issues South Asian families face during divorce in BC:
Was the down payment a loan or a gift?
How is jewelry divided under BC family law?
Who is responsible for family debt, and what if the money came from relatives?
Loans vs. Gifts: When In-Laws Help Buy a Home
In Indian culture, it’s common for parents or in-laws to contribute toward a home’s down payment or mortgage. Sometimes, the money is a loan, but other times it’s a gift. The challenge? Disagreements often arise after separation.
For example:
The wife may say the money was a gift.
The husband (or his parents) may insist it was a loan.
If there’s no written agreement, it becomes a legal dispute, and the court must decide based on intention at the time the money was given, not what the parties now say.
Why This Matters
If the court decides it was a gift, it becomes part of the couple’s property and is subject to division.
If it was a loan, it must be repaid to the lender before property is divided.
But Here’s the Problem
Most Indian families don’t create loan agreements in writing. Everything is verbal. That can hurt the person trying to recover the funds.
How Courts Decide: Was It a Gift or a Loan?
In Pecore v. Pecore, 2007 SCC 17, the Supreme Court of Canada provided a list of factors to consider:
Was there any written documentation (even a note or card)?
Were there discussions about repayment?
Was any security taken (e.g. lien, mortgage)?
Was the money given to one child only, or unequally among children?
Was repayment ever demanded, especially before separation?
Was there any partial repayment?
Was there a reasonable expectation of repayment?
If you’re a parent or sibling contributing large sums, it’s best to have something in writing—even an email or message confirming the intention.
Dividing Jewelry at Divorce
Jewelry plays a huge role in Indian weddings and celebrations. Gold sets, bangles, watches, and coins are common gifts. But when divorce happens, who keeps the jewelry?
Generally, if jewelry was gifted to one spouse, it remains their individual property and is not divided 50/50.
Common Disputes We See:
Who was the gift intended for? Was the gold coin for the bride, the groom, or both?
What happened to the jewelry? One party may say the other took it from a safety deposit box.
Did the jewelry disappear? Courts often have to assess credibility when no one admits to taking it.
How to Prove Jewelry Was Gifted to You
Affidavit or testimony from the person who gave the gift.
Witnesses who saw the gift being given (e.g., at the wedding).
Cards or notes that came with the gift.
Your possession and use of the jewelry (e.g., always worn by you).
Contextual clues – a diamond bracelet may be a gift for the wife, while a men’s watch likely belongs to the husband.
If the jewelry is missing and both spouses blame each other, the court will rely on credibility. Judges may find in your favour if you are generally more honest and consistent throughout your case.
Dividing Debt at Divorce
Debt division is just as important as dividing property. In BC, family debt includes:
Any debt incurred during the relationship, and
Debt incurred after separation for maintaining family property (e.g., house maintenance, taxes, mortgage).
Steps:
Calculate total family debt.
Divide it equally—each spouse is responsible for 50%.
But what if parents or siblings loaned money during the marriage?
To Recover That Loan, They Must Prove:
It was in fact a loan (not a gift)
The purpose of the loan (e.g., for business, legal fees, wedding expenses)
How it should be repaid (cash? sale of the house? installments?)
Again, written documentation—even just a WhatsApp message—can make a huge difference.
Stop Family Violence
Stop Family Violence
Family violence affects us all. It has negative social, financial and health impacts on those directly involved, as well as on their friends and family, colleagues, community and society at large.
Need help dealing with family violence?
Need help dealing with family violence?
Important numbers
Important numbers
Assaulted Women's Helpline: 1-866-863-0511 (toll-free, 24/7, multilingual service available).
Family Law Handbook For Self-Represented Litigants : Please click the link below.
A Guide to Process for Family Cases: Please click the link below.
Stop Family Violence : Please click the link below.
For Judgements of Superior Court of Justice, Court of Appeal: Please click the link below.
Family Law List of Cases Ontario
https://www.ontariocourts.ca/scj/practice/practice-directions/list/
Divorce and Separation
Divorce and Separation
If you separate or divorce, you will need to make many important decisions such as where you will live and how you will manage your finances. If you have children, their needs must be your priority. As a first step, learn about your rights and responsibilities. Some family laws are federal while others are provincial or territorial. It is important to understand which family laws apply to your situation.
If you are concerned about your safety during this emotional time, the Family Violence section of this website has information that might help you protect yourself and your children.
This website provides general information. Family law is complex. You are encouraged to contact a lawyer for help with family law issues.
The Divorce Act changes as of March 1, 2021. There are no changes to the grounds for divorce or how to apply for divorce. The biggest difference is the change in terminology. The Act now uses “parenting arrangements” (formerly known as “custody and access”) to describe where the children will live and how decisions about them will be made.
About Divorce and Separation
A "separation" is when a couple decides to live apart from each other because the relationship has broken down. The couple may be married, or they may be unmarried but living together like a married couple in a common-law relationship.
A "divorce" is when a court officially ends a marriage. Only legally married couples can divorce.
Under Canada's Constitution, the federal, provincial and territorial governments share responsibility for family law.
Federal Law
Federal Law
The main federal family law is the Divorce Act. The Act only applies to married couples who have divorced or who have applied for a divorce.
The Divorce Act sets out rules about:
the grounds for a divorce
child support when parents divorce
spousal support following a divorce
custody and parenting arrangements for children after a divorce
The Divorce Act is a federal law, which means that it applies across Canada. But the processes for getting a divorce fall under provincial or territorial law.
Provincial and Territorial Laws
Provincial and Territorial Laws
Provincial and territorial laws also have rules about child support, spousal support, and custody and parenting arrangements for children. These laws apply when an unmarried couple separates and when a married couple separates but does not apply for a divorce.
The laws of a province or territory may be similar to the Divorce Act and to laws in other parts of Canada. However, there could also be important differences that could affect your rights and responsibilities.
Some matters always fall under provincial or territorial law in both separation and divorce cases. For example, the provinces and territories are responsible for:
the administration of justice, including processing divorce applications and making decisions about child support, spousal support and child custody
rules about dividing shared property
family justice services such as mediation and parenting education.
The website of your provincial or territorial Ministry of Justice or Attorney General has more information about the laws and processes that apply in your province or territory.
Having a foreign divorce recognized in Canada
Having a foreign divorce recognized in Canada
Canada generally recognizes a divorce from another country if:
the divorce was valid under the laws of that country; and
one or both spouses lived in that country for a full year immediately before applying for the divorce.
There may also be other factors that could affect whether or not your divorce would be recognized in Canada. If you are not sure whether your divorce would be recognized in Canada, you should speak to a lawyer.
Divorcing a spouse you sponsored to come to Canada
Divorcing a spouse you sponsored to come to Canada
If you have sponsored someone to come to Canada as your spouse, the sponsorship undertaking that you signed remains in effect for three years after the person becomes a permanent resident, even if you separate or divorce during that period. You are responsible for the basic needs of your sponsored spouse throughout the duration of the sponsorship undertaking.
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