Divorce Lawyers in Toronto, Ontario

A divorce may be uncontested, with the terms of separation already resolved, or contested, where parenting, support, property, disclosure, or another issue remains in dispute.

At Englobe Law, the first focus is to determine whether the issues can be resolved through negotiation or mediation and recorded in a separation agreement. Where agreement cannot be reached, or where court intervention is required, we represent clients throughout the family court process with meticulous preparation and a clear focus on the interests and objectives that brought them to us.

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An uncontested divorce generally proceeds where the divorce itself is not opposed, and no related claim remains to be decided within the application. In Ontario, spouses may file a joint divorce application if they both seek the divorce and agree on the other family law issues. A simple divorce application may be used where divorce is the only relief being claimed.

A contested proceeding arises where the spouses disagree on one or more issues, including:

  • Parenting time or decision-making responsibility;
  • Child support;
  • Spousal support;
  • Property division;
  • The matrimonial home;
  • Financial disclosure;
  • Business or professional interests, or
  • The terms of a proposed separation agreement.

A matter may begin as contested and later settle. The commencement of court proceedings does not preclude settlement. Matters may be resolved by agreement at any stage of the process.

At Englobe Law, the first focus is on determining whether the outstanding issues can be resolved by agreement. This involves identifying the matters in dispute, obtaining the required financial information, advising on the applicable law, and negotiating terms that can be recorded in a separation agreement.

A separation agreement may address:

  • Ownership and division of property;
  • The matrimonial home;
  • Parenting time and decision-making responsibility;
  • Child support;
  • Spousal support;
  • Debts and ongoing expenses;
  • Pensions, businesses, and investments;
  • Insurance obligations;
  • Travel and relocation;
  • Future disclosure obligations; and
  • The process for dealing with later changes or disagreements.

Under Ontario’s Family Law Act, a separation agreement must be in writing, signed by both parties, and witnessed. A court may set aside all or part of an agreement where significant assets or liabilities were not disclosed, a party did not understand its nature or consequences, or ordinary contract-law grounds apply.

Settlement is not suitable or possible in every matter. Court proceedings may be required where:

  • A spouse does not provide financial disclosure;
  • Parenting or support arrangements cannot be agreed upon;
  • Property is being sold, transferred, or withheld;
  • Urgent financial or parenting relief is required;
  • There are safety concerns or a significant power imbalance;
  • A court order must be enforced;
  • A limitation period is approaching, or
  • Negotiations have not produced a resolution.

Where litigation is required, we focus on obtaining the disclosure necessary to assess the matter, narrowing the issues in dispute, and seeking a resolution of those issues through the court process.

  • Eligibility for Divorce

An Ontario court may grant a divorce where:

  • The spouses are legally married in Canada, or married elsewhere in a manner recognized in Canada;
  • The marriage has broken down, and
  • Either spouse has been habitually resident in Ontario for at least one year immediately before the proceeding begins.
  • Grounds for Divorce

The legal ground for divorce is the breakdown of the marriage. It may be established through:

  • Living separately and apart for at least one year;
  • Adultery; or
  • Physical or mental cruelty that makes continued cohabitation intolerable.

A separation-based application may be filed before the full year has passed, but the divorce cannot be granted until the one-year period is complete. A reconciliation attempt lasting no more than 90 days does not necessarily restart the separation period.

Spouses may, depending on the facts, be separated while continuing to live in the same home.

  • Matters to Review Before the Divorce Is Granted

The timing of a divorce should be considered in relation to unresolved support and property claims.

Before granting a divorce, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage. If adequate arrangements have not been made, the court must stay the granting of the divorce.

An Ontario equalization claim must generally be commenced within six years after separation or two years after the divorce becomes final, whichever occurs first. Obtaining the divorce may therefore shorten the time available to bring a property claim.

Separation Agreements

A separation agreement may address parenting arrangements, child support, spousal support, property division, debts, pensions, insurance, and the matrimonial home. Proper drafting requires more than recording the parties' present intentions; the agreement should also address how future changes in circumstances will be managed.

Parenting Time and Decision-Making Responsibility

The Divorce Act now uses the terms "parenting time" and "decision-making responsibility" in place of the former concepts of access and custody. Parenting arrangements may address schedules, decision-making, travel, communication, and relocation.be managed.

Child Support

Child support may involve guideline income, special or extraordinary expenses, financial disclosure, retroactive claims, arrears, enforcement, and changes to existing arrangements.

Spousal Support

Spousal support requires a separate analysis of entitlement, amount, and duration. Relevant considerations may include the spouses' roles during the relationship, economic disadvantage, income, need, and the length of the marriage.

Property Division and Equalization

Ontario's equalization regime compares the spouses' net family property. The analysis may involve real estate, investments, pensions, corporations, professional practices, debts, inheritances, and property owned before marriage.

Business and Professional Interests

Where a spouse owns a corporation, partnership interest, professional practice, trust, or investment property, the family law issues frequently extend beyond personal financial disclosure. Questions of valuation, ownership, compensation, retained earnings, and tax consequences often arise.

Cross-Border Family Matters

A family law matter may involve a marriage performed abroad, a spouse living outside Canada, foreign property, international income, or proceedings in another jurisdiction. These circumstances may affect jurisdiction, service, recognition of foreign orders, enforcement, and the treatment of assets located outside Ontario.

Depending on the matter, legal assistance may include:

  • Determining whether Ontario has jurisdiction;
  • Identifying the claims that should be made or preserved;
  • Advising on limitation periods;
  • Obtaining and reviewing financial disclosure;
  • Calculating support and equalization;
  • Negotiating a separation agreement;
  • Reviewing an agreement proposed by the other spouse;
  • Preparing simple, joint, or general court applications;
  • Responding to court materials;
  • Seeking urgent or temporary orders;
  • Preparing evidence and legal arguments;
  • Representing the client at conferences, motions, negotiations, or trial; and
  • Addressing international assets, income, residence, or proceedings.

The scope of the work depends on what has already been resolved and what remains in dispute.

Englobe Law LLP is a boutique firm with offices in Downtown Toronto and North York. Elham Beygi leads the family law group. She is particularly adept at resolving complex family matters through negotiation and carefully drafted separation agreements. Where issues remain unresolved, she represents clients in family court proceedings with meticulous preparation and rigorous advocacy.

The cost of a divorce depends principally on the issues surrounding it.

A divorce-only application where the other matters have been resolved is different in scope from a proceeding involving contested parenting, incomplete disclosure, support, property, business interests, urgent motions, or trial.

The main cost factors are:

  • The number of unresolved issues;
  • The quality and completeness of financial disclosure;
  • The need for valuations or expert evidence;
  • The level of disagreement between the parties;
  • The amount of drafting and negotiation required;
  • Urgent or temporary court proceedings; and
  • The number of conferences, motions, examinations, or hearing days.

Efficiency begins with defining the issues. Matters on which the parties agree should be separated from those requiring negotiation or adjudication. Disclosure should be requested and organized early, and proposed court steps should be assessed by what they are intended to accomplish.

Discuss a Divorce or Separation Matter

Englobe Law LLP advises on divorce, separation agreements, family litigation, parenting arrangements, support, property, and related matters from offices in Downtown Toronto and North York.

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What is the difference between an uncontested and contested divorce?

An uncontested divorce is one in which the divorce itself is not opposed. The spouses may have resolved the related issues through a separation agreement, prior order, or other arrangement.

A contested matter involves one or more unresolved claims, such as parenting, support, property, disclosure, or the divorce itself.

No. A separation agreement is not legally required in every case. It is often useful because it records how the spouses have resolved the legal and financial consequences of separation.

A divorce may proceed without an agreement, but unresolved property, support, parenting, and limitation issues should be reviewed before the divorce is finalized.

A separation-based divorce application may be started before the first anniversary of separation. The court cannot grant the divorce on that ground until the spouses have lived separate and apart for at least one year.

Yes, depending on the circumstances. Sharing an address does not necessarily prevent spouses from living separate and apart. The analysis may include their finances, household arrangements, social lives, communication, and conduct toward one another.

No. Either spouse may apply for divorce. The applicant must establish the legal requirements, but the other spouse’s consent is not required.

The other spouse may still oppose related claims or dispute whether the requirements for divorce have been met.

It may be possible, but the consequences should be reviewed first. A divorce may affect the limitation period for an equalization claim, and the court must be satisfied that reasonable child-support arrangements have been made.

Financial disclosure may be requested through correspondence, negotiation, or the court process. Where disclosure is not provided voluntarily, the court may be asked to order production and impose consequences for continued non-compliance.

There is no single period. Timing depends on whether the application is simple, joint, or contested; whether service is required; whether the documents are complete; whether the other spouse responds; the number of related claims; and the court’s schedule.
After judgment, the divorce generally takes effect 31 days later.

The cost depends on the work required. A divorce-only application generally involves less work than a matter requiring extensive disclosure, negotiation, valuations, motions, or trial.

The likely scope of the work and billing arrangement should be discussed after the unresolved issues have been identified.

Yes, provided the marriage is recognized in Canada and the Ontario residency requirement is met. Additional procedural questions may arise where the marriage certificate is not in English, the other spouse resides abroad, or proceedings exist in another jurisdiction.

Unless the court orders otherwise in special circumstances, a divorce takes effect on the thirty-first day after the judgment granting it. The divorce should be effective, and a divorce certificate obtained where required, before remarriage.

Legal Note: This page provides general legal information and does not constitute legal advice.

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