FAQs

separation is considered from the day the parties started living separate and apart without any chance of reconciliation, even if they are living in the same house but in separate rooms. The parties are considered divorced once the divorce order is granted by the court, and the date of separation could be different from the date of divorce. It could be possible that the parties are separated and not divorced.

Yes, you can file for a single divorce. In that case you have to serve with the issued copy of your court application and give your partner 30 days to respond to it, if your partner chooses to respond to your application then it becomes contested divorce, if he did not respond then the court will proceed with your application for the issuance of the divorce order.

To get a divorce, you have to show that your marriage has broken down in one of three ways:

1. you and your spouse have separated and have lived apart for at least one year; or
2. your spouse has been physically or mentally cruel to you, making it intolerable to continue living together; or
3. your spouse has committed adultery.

When deciding for child custody during and after a separation or divorce, there are a lot of things to think about. The most important thing to consider is, “What is best for my child?” It is a good idea for you and the other parent to create a parenting plan, setting out where the children will live and other important details. It is important not to involve your children in any conflict between you and the other parent. Please be advised that the terms custody and access have been replaced by parenting time and decision-making responsibility.

In Ontario, property acquired during a marriage must be split equally when a marriage ends for any reason. This is including but not limited to car, business, furniture, pension. For property that you owned before the marriage, any increase in value is usually divided equally. This applies to the family home where you lived with your spouse. To effect this sharing, money owed to either spouse is called an equalization payment or an equalization of net family property. Common-law couples are not legally required to split property acquired when they lived together.

Yes, you need to receive the divorce order from the court. The divorce order takes 31 days to take effect from the date the divorce order is granted.

A claim for spousal support is determined as per the Spousal Support Advisory Guidelines. It is a request for money from one spouse to another after separation or divorce. It’s also known as alimony or maintenance. Either spouse can request spousal support under the Divorce Act. In most cases, the lower-earning spouse makes the request. Usually, the following factors are considered for determining the quantum of the spousal support:

• The financial circumstances of both spouses
• The length of the marriage
• The roles of each spouse
• The effect of the marriage breakdown on each spouse’s finances
• Childcare responsibilities
• The prospects of the dependent spouse becoming self-sufficient.

In a custody or visitation dispute, grandparents can legally seek access to their grandchildren by filing a court application, but they do not automatically have the right to custody or visitation; the court will ultimately decide based on the “best interests of the child” whether to grant access, considering factors like the child’s existing relationship with the grandparents and the potential impact on their well-being. 

It is not mandatory to have a lawyer to represent you in a family law matter. However, it is highly recommended, especially if your situation involves complex assets, parenting time and decision-making disputes, or if you anticipate disagreements with your former partner. A lawyer can ensure your rights are protected and can guide you through the legal process effectively. 

A divorce can take 4–6 months for an uncontested divorce and several years for a contested divorce. The length of time depends on several factors, including the complexity of the case and whether the divorce is contested or uncontested.

Prenuptial and postnuptial agreements are both legally binding contracts that outline how a couple’s assets and debts will be divided in the event of divorce. The main difference is when they are signed. 

Prenuptial agreements  

• Signed before marriage
• Often reflect the couple’s expectations for their future together
• Courts generally view these agreements favorably
• To be enforceable, they must be voluntary, with full disclosure of assets, and not unconscionable

Postnuptial agreements  

• Signed after marriage
• Based on the realities of the marriage at the time of drafting
• Courts may scrutinize these agreements more closely before deciding whether they’re enforceable

Commonalities 

• Both types of agreements outline the rights and obligations of each spouse
• Both types of agreements can address property division, support obligations, and other family law matters

In Ontario, postnuptial agreements are governed by the Family Law Act. You can consult a lawyer to help you negotiate, draft, and file a prenuptial or postnuptial agreement.