FAMILY LAW

There are three grounds for divorce in Ontario: one-year separation, adultery and physical and mental abuse. The most common reason people file for divorce is one-year separation. A separation agreement is a document that outlines the terms on how you and your spouse will live apart. Once you and your spouse have lived apart for a year, in accordance with the terms of a separation agreement, you are then granted an uncontested divorce.

The division of property and assets in divorce proceedings under Ontario’s Family Law Act involves a process of evaluating, categorizing, and equitably distributing marital wealth. Challenges often arise in valuing diverse assets, differentiating between marital and non-marital property, and addressing allegations of hidden assets. The legal process for the division of property and assets often involves compiling a detailed list of all your assets and debts. The court will consider factors such as your contributions, financial needs, and the overall principle of fairness in issuing orders for property division.

When you’re going through divorce and separation, determining parenting time, decision-making responsibility, and contact arrangements is a sensitive, yet critical aspect governed by the Children’s Law Reform Act. It emphasizes the best interests of the child, considering factors like the child’s age, preferences, and relationship with each parent. Every family is different, so it’s important your children’s best interests are a priority, and that the arrangement is in line with your family’s values. A caring and compassionate member of our legal team can step in to smooth the process, as well as to ensure everyone’s rights are safeguarded. 

Child support matters are governed by the federal Child Support Guidelines within the Divorce Act. These guidelines establish the financial responsibilities of parents. Based on the number of children, the process involves assessing each parent’s income, applying the Child Support Guidelines, and negotiating or, if necessary, litigating the support amount.

Court orders may be issued to enforce or modify child support arrangements based on changing circumstances.

Unlike child support payments, there are no legal rules for calculating spousal support in Ontario. The courts use advisory guidelines that suggest appropriate ranges of financial support in a variety of situations. Spousal support considerations involve evaluating factors such as the length of the marriage, financial contributions, and the recipient’s need for support. These guidelines allow for a lot of room for negotiation, which is why having an experienced negotiator by your side will help you make decisions that are in your best interests.