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…
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,…
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…
In 2008, Ontario’s Spousal Support Advisory Guidelines were issued in their final form. The guidelines are used by judges and lawyers to establish spousal support agreements. As we discussed in a previous post, a number of factors, including child support, can affect how much spousal support a person receives. Use of the spousal support guidelines is not mandatory, though they are used in many cases….
In negotiating to settle a divorce in Ontario, the objective is to arrive at a written agreement that protects your rights now and in the future. You don’t want surprises regarding your children, finances or the matrimonial home. To eliminate uncertainties, the proper mechanisms should be built into the language of the agreement so that it will be enforceable in court and other areas of…