Family Law
Insights & Guides
Practical, plain-language guides on divorce, child custody, support, property division, and separation agreements under Ontario law — written by our Toronto family lawyers.
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38 ArticlesThe grounds, simple vs. joint applications, the forms and documents you need, serving your spouse, the child support requirement, and how long it takes to finalize.
The special status of the matrimonial home, equal possession rights, the date-of-marriage valuation trap, buyouts, deferred sales, and exclusive possession orders.
Your parenting-time rights, when withholding is and is not allowed, why support and access are separate, and how to enforce your time with your child.
Where a new relationship is legally harmless — property, no-fault divorce — and where it can matter: spousal support, parenting, and the date of separation.
Equalization of property, the matrimonial home, spousal and child support, pensions, and what you are NOT entitled to — plus how common-law differs.
Uncontested divorces take 4–8 months, contested ones 12–24+ months. A full breakdown of the legal grounds, the process, and how to speed things up.
Decision-making responsibility, parenting time, and the best interests of the child test — how Ontario courts actually decide parenting arrangements.
The Federal Child Support Guidelines explained — table amounts, Section 7 special expenses, shared custody adjustments, and imputed income.
Equalization of net family property explained — the matrimonial home, exclusions, valuation date, and common disputes.
A realistic breakdown of divorce costs in Ontario — court fees, uncontested vs. contested lawyer fees, mediation, and how to keep costs down.
What actually separates an uncontested divorce from a contested one in Ontario — grounds, process, cost, and how one can become the other.
The material change in circumstances test, the variation process, and what Ontario courts actually require before changing a parenting order.
Not legally required, but skipping one is the most common reason a straightforward divorce turns into a drawn-out, contested one.
Entitlement, the Spousal Support Advisory Guidelines ranges, duration, and the "rule of 65" for indefinite support.
The Divorce Act's 60-day notice requirement, the 30-day objection process, and how courts decide contested relocation cases.
When courts assign a higher income than a parent reports — intentional underemployment, hidden business income, and non-disclosure.
Why common-law couples have no automatic property rights in Ontario, and how a cohabitation agreement closes that gap.
Family Law Value, the immediate vs. deferred settlement methods, the 50% transfer cap, and defined benefit vs. defined contribution plans.
Joint vs. individual debt, how debt factors into equalization, and why a separation agreement doesn't bind your creditors.
Contact orders under the Children's Law Reform Act, the best-interests standard, and how grandparents can seek court-ordered contact.
Your first contested court appearance — purpose, process, and how it fits into the case-to-settlement-to-trial conference sequence.
Why Ontario's no-fault system means misconduct is generally irrelevant to support and property — and the narrow exception that exists.
FLA section 56(4)'s grounds for setting aside a marriage contract, and why independent legal advice matters more than most couples realize.
Not a defined legal term — how courts actually address these concerns through the best-interests-of-the-child framework.
FLA section 46's reasonable fear standard, how it differs from a criminal peace bond, and what breach means.
No automatic equalization — the Kerr v. Baranow "joint family venture" framework and unjust enrichment claims, explained.
The "child of the marriage" definition, the Farden factors, and how support amounts get adjusted for a child living away at school.
Remarriage isn't an automatic termination trigger — it's grounds for a variation application, on either side of the equation.
What counts as a Section 7 special or extraordinary expense, how the "extraordinary" test works, and how costs are shared beyond base child support.
Wage garnishment, licence suspension, default hearings, and how to resolve arrears through Ontario's support enforcement agency.
Non-disclosure, lack of understanding, unconscionability, and the Miglin test for challenging support terms in a "final" agreement.
A practical comparison of how family disputes get resolved in Ontario — cost, speed, privacy, and who actually decides.
How hidden assets and income are uncovered, and how non-disclosure can unravel even a "final" agreement years later.
Valuation methods, goodwill, notional tax on disposition, and the income manipulation risks that come with a business-owner spouse.
Legal basis, when the other parent's consent is required, the court process, and what adoption legally changes.
How a Parenting Coordinator differs from mediation, what authority they actually have, and when it makes sense for high-conflict co-parents.
How property, pensions, spousal support, retirement timing, and estate planning differ when divorcing later in life.
How the Hague Convention works for international child abduction — the return process, defences, timelines, and prevention steps.
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