Divorce & Separation
In Canada, the only ground for divorce is marriage breakdown, most commonly established by living separate and apart for at least one year. Common-law couples separate without a formal divorce.
Ontario Educational Resource
Clarity and Guidance in Ontario Family Law.
Understanding your rights and obligations during separation, divorce, and parenting transitions under Canadian and Ontario legislation.
FLA
Family Law Act
CLRA
Children's Law Reform Act
FCSG
Child Support Guidelines
Navigating family transitions with informed confidence.
About Family Law
The Legal Framework in Ontario.
Family law in Ontario is governed by a combination of provincial and federal legislation. The Divorce Act (federal) applies to married couples seeking a divorce and determines related parenting and support issues, while the Family Law Act (FLA) and the Children's Law Reform Act (CLRA) (provincial) apply to property division, spousal support, and parenting arrangements for both married and common-law couples.
Understanding these laws is crucial. Recent updates to the legislation have modernized the language—shifting from "custody and access" to "decision-making responsibility and parenting time"—to focus firmly on the best interests of the child.
Federal Law
Governs formal divorce proceedings across Canada.
Provincial Law
Governs property, adoption, and common-law relationships.
Core Legal Topics
Understanding your rights.
Explore key areas of Ontario family law to better understand the processes, statutory guidelines, and legal principles that govern family transitions and restructuring.
Child Custody & Parenting
Ontario law uses the terms "decision-making responsibility" and "parenting time." All arrangements must be made strictly in the best interests of the child, ensuring their safety and well-being.
Child Support
Child support is the right of the child. In Ontario, it is calculated using the Federal Child Support Guidelines, based primarily on the paying parent's income and the number of children.
Spousal Support
Spousal support is not automatic. Entitlement is based on compensatory or non-compensatory grounds, and the amount/duration is often guided by the Spousal Support Advisory Guidelines (SSAG).
Property Division
Married couples undergo an "equalization of net family property," meaning the financial growth during the marriage is shared equally. Common-law couples do not have this automatic statutory right.
Adoption
Adoption in Ontario creates a permanent legal parent-child relationship. It can occur through public agencies, private agencies, or international avenues, requiring rigorous screening and consent.
Frequently Asked Questions
Common family law inquiries.
How long does it take to get a divorce in Ontario?
You must live separate and apart for at least one year before a court will grant a divorce. The administrative processing time after filing the application can add several months.
What is a separation agreement?
It is a legally binding domestic contract between two separated spouses outlining terms regarding property division, support, and parenting arrangements. Independent legal advice is highly recommended.
Do mothers automatically get decision-making responsibility (custody)?
No. Ontario law is gender-neutral. Decisions are made solely based on the "best interests of the child," and maximum contact with both parents is encouraged when it is safe and appropriate.
How is child support calculated if we share parenting time equally?
When parents share parenting time (each has the child at least 40% of the time), child support is usually determined by looking at the set-off amount between what each parent would pay under the Guidelines, alongside the children's overall costs.
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