Divorce & Separation Lawyers in Ontario

Separation and divorce are two different events

In Ontario you are separated the moment one spouse decides the marriage is over and acts on that decision. There is no form to file and no certificate to collect. You can be separated while still living under the same roof, which matters a great deal for couples who cannot afford two households straight away.

A divorce, by contrast, is an order of the Superior Court of Justice. Under the federal Divorce Act, the only ground is breakdown of the marriage, established by living separate and apart for at least one year, or by adultery or cruelty. In practice, almost every Ontario divorce proceeds on the one-year separation.

The important point is that the divorce order itself resolves almost nothing. Parenting, support, and the division of property are decided separately, by agreement or by the court, and that is where the substance of your file lives.

For local information on courts and process, see our pages for a divorce lawyer in Mississauga, Oakville, or Milton.

What has to be sorted out

Whether you settle or litigate, the same list has to be worked through. Leaving items unresolved is the most common reason people find themselves back in court years later.

• Parenting. Decision-making responsibility for major choices, and the schedule of parenting time.
• Child support. The table amount under the Federal Child Support Guidelines, plus each parent’s share of section 7 expenses.
• Spousal support. Whether there is an entitlement, and if so the amount and duration.
• Property. Equalization of net family property, and what happens to the matrimonial home.
• Debts. Joint accounts, lines of credit, and mortgages, who pays and who is released.
• Loose ends. Pensions, RRSPs, life insurance, beneficiary designations, and estate documents.

The separation agreement does the heavy lifting

A properly drafted separation agreement is a domestic contract under Part IV of the Family Law Act. It can settle every item on the list above, it is enforceable, and support terms can be filed with the court so they can be enforced by the Family Responsibility Office.

It can also be set aside. Section 56(4) allows a court to overturn a domestic contract where a party failed to disclose significant assets, debts, or other liabilities; where a party did not understand the nature or consequences of the contract; or on ordinary contract principles such as duress or undue influence.

That is why we are uncompromising about two things: complete financial disclosure on both sides, and independent legal advice for each party. An agreement signed without them is not a saving; it is a deferred cost.

Uncontested, contested, and everything between

A simple or joint divorce is available where both spouses agree, there are no unresolved issues, and child support (if there are children) has been properly addressed. The court will not grant a divorce where reasonable arrangements for the support of the children have not been made; this is a statutory bar, not a formality.

Where issues remain in dispute, an application is issued and the file moves through case conferences, settlement conferences, and, if it has to, trial. The great majority of Ontario family matters resolve well before trial. We build files so that negotiation is credible and litigation is ready, because the second is what makes the first work.

Timing you should know about

You can start negotiating, sign a separation agreement, and obtain support orders long before the one-year separation period is up. The year only governs when the divorce itself can be granted.

Limitation periods do apply to property. A claim for equalization of net family property must be brought by the earliest of six years after separation, two years after the divorce is granted, or six months after the death of a spouse. Waiting for the dust to settle can quietly extinguish a claim.