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Toronto Divorce Advice, Tips & Resources

A detailed separation agreement should address present and future concerns

While no one can predict the future with absolute certainty, it is possible in divorce and separation agreements to anticipate what might happen and plan accordingly. Your personal interest and your family’s interests may be at stake, so it is crucial that you have a written separation agreement that is enforceable in court. The agreement you sign with your spouse can be negotiated to address the following issues in a fair and enforceable manner: Property division, including what should happen with the family home A…

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For divorcing parents, child custody and support issues top the list of concerns

Many young Canadians dream of one day meeting their soul mates, getting married, having children and living happily ever after. In reality, for a large percentage of Canadians, a marriage will not end up being until death do us part. According to the Canadian government’s office of Employment and Social Development, approximately 35 to 42 percent of Canadian marriages end in divorce. A marriage may end for a number of reasons. From a spouse’s infidelity or substance abuse problems to financial stresses and discovering a…

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How long must I be separated before I can divorce in Ontario?

Generally, in Ontario, for a divorce to be completed, the spouses must have been separated for at least a year. The divorce process can start before the year is up, but in most cases, the process is not completed until a year has passed. There are exceptions, however. In cases involving adultery or domestic abuse, the divorce may be granted by the court at any point, but this expedited process typically requires help from a lawyer. The court may consider proof of adultery or abuse,…

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Is family law mediation right for your divorce?

If you’re going through divorce in Ontario, then you have a variety of choices to make, not the least of which is the process by which you end the marriage. Many spouses go to court to litigate, and this process may be the only truly effective way to resolve your disputes and protect your rights and interests, including your interest in the matrimonial home. However, if you and your spouse are on equal footing — meaning that both of you have comparable incomes and equal…

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Property division concerns for Ontario common-law spouses

In Ontario, the Family Law Act provides rules for how property will be divided between legally married spouses who are going through divorce. However, the Family Law Act does not apply if you and the party from whom you’re splitting were in a common-law relationship. There is also no absolute test for proving that an individual is a common-law spouse, but there are situations in which a common-law spouse may be entitled to a share of the other party’s property. If you have property division…

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The matrimonial home and child support: Who will stay and receive?

Establishing an appropriate child support plan can be a complicated process. Parents can come to an agreement outside of court, or they can ask a judge to make a child support order based on the formulas provided in the Child Support Guidelines. In any case, to ensure that a child support agreement is enforceable, it is important to put it in writing. The amount of child support to be paid is determined by calculating the income of both parents. Because the children usually remain in the…

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