File for Divorce in Ontario – Joint Divorce & Separation Agreement

In Ontario, there is only one ground for divorce: a breakdown of the marriage. This can be established in one of three ways:

1. Separation: The spouses have lived separate and apart for at least one year with no chance of reconciliation.
2. Adultery: One spouse has committed adultery and the other spouse cannot tolerate living with them.
3. Cruelty: One spouse has treated the other spouse with physical or mental cruelty that makes it intolerable to continue living together.

While there are three ways to establish a breakdown of the marriage, divorce based on separation is the most common type of divorce filing in Ontario. One of the main reasons for this is because it is a simpler process and most parties are usually already separated for 12 months when they decide to file for divorce.

Since the Covid-19 Pandemic, the government has completely changed the system for filing a divorce in Ontario. You can now file your divorce completely online through the government portal but the various forms and the process can be tricky at times. It may be a good idea to seek legal advice depending on your particular situation.

A simple divorce in Ontario means that there are no claims being made on the divorce Application aside from the divorce claim. A simple divorce can be filed solely or as a joint divorce application.

The majority of our clients seek to file for a simple and uncontested divorce after both parties have signed the separation agreement. Filing a joint divorce is quite possibly the most efficient process to move forward and have your divorce granted by the Superior Court. Our family lawyers offer a flat-rate legal fee to complete your divorce and our process allows for both parties so sign all the important documents electronically from the comfort of their home. Once the divorce is granted, our firm will provide you with an electronic divorce Order issued by the court.

Once the divorce Order is granted by the court, you can apply for and obtain the optional divorce certificate. This divorce certificate will be required if you are planning to get remarried in Ontario in the future.

While you can certainly for divorce without legal advice, it is a good idea to seek help and guidance from a family lawyer if you separation involves children, property or potential support claims.

Going through a divorce can be an emotionally challenging and overwhelming experience. It can be helpful to seek out emotional support during this difficult time. Here are some resources in Ontario that may be able to provide support and guidance:

1. Family Law Information Centres (FLICs)

Family Law Information Centres are located in most courthouses throughout Ontario and provide free information and assistance with family law matters, including divorce. They can help you understand the divorce process, complete court forms, and provide referrals to other services and resources.

2. Divorce Support Groups

There are a number of divorce support groups for people going through divorce in Ontario. These groups offer a safe and supportive environment where you can share your experiences and feelings with others who are going through similar situations. Some examples of support groups in Ontario include the Separation and Divorce Resource Centre, Divorce Angels, and the Canadian Association for Divorce Coaching and Child Specialist.

3. Individual Counselling

If you are struggling with the emotional challenges of divorce, you may find it helpful to see a therapist or counsellor. They can provide a safe and confidential space where you can explore your feelings and work through the challenges of divorce. Some options for counselling in Ontario include psychologists, social workers, and marriage and family therapists.

Spousal support in Ontario, also known as alimony or maintenance, is a payment made by one spouse to the other after separation or divorce. It is intended to help support the lower-earning spouse and ensure that they are not left in financial hardship after the marriage ends. In Ontario, spousal support is governed by the Family Law Act.

Types of Spousal Support

There are two types of spousal support in Ontario: compensatory and non-compensatory.

Compensatory support is paid to a spouse who has suffered economic disadvantage as a result of the marriage or its breakdown. This can include situations where one spouse has sacrificed their career or education to support the other spouse’s career or to care for the family.

Non-compensatory support is paid to a spouse who has a need for financial support after the marriage ends, regardless of whether they have suffered an economic disadvantage as a result of the marriage or its breakdown.

Factors Considered

When determining the amount and duration of spousal support, the court will consider a number of factors, including:

• Length of the marriage: The longer the marriage, the more likely it is that spousal support will be awarded.
• Income and earning capacity of each spouse: The court will consider each spouse’s income and earning potential when determining spousal support.
• Standard of living during the marriage: The court will consider the standard of living enjoyed by the spouses during the marriage and try to maintain that standard of living post-separation.
• Age and health of each spouse: The court will consider the age and health of each spouse when determining spousal support.
• Childcare responsibilities: If one spouse has primary caregiving responsibilities for children, they may be awarded spousal support to help cover the cost of childcare.

Duration of Spousal Support

The duration of spousal support can vary depending on the circumstances of the case. In Ontario, there is no set formula for determining the duration of spousal support. However, the court will consider factors such as the length of the marriage and the age and health of each spouse when making a determination.

Spousal support can be an important consideration in divorce or separation in Ontario. It is intended to help support the lower-earning spouse and ensure that they are not left in financial hardship after the marriage ends. By understanding the types of spousal support, the factors considered, and the duration of support, you can ensure that you are prepared for the spousal support process and are able to protect your financial interests. If you have questions or concerns about spousal support, it is recommended that you speak with a family law lawyer who can provide guidance and advice specific to your situation.

When parents separate or divorce, one of the most important considerations is the parenting arrangement for their children. In Ontario, there are several options for parenting arrangements.

Decision-making responsibility

Most couples can agree on joint decision making responsibility, which means that both parents share decision-making responsibilities for the child, including major decisions about the child’s education, healthcare, and religion. Joint custody does not necessarily mean that the child spends an equal amount of time with each parent.

Sole decision making responsibility means that one parent has decision-making responsibilities for the child. The other parent may have the right to spend time with the child, but does not have decision-making responsibilities.

Sole decision-making responsibility is usually awarded when one parent is deemed unfit to have decision-making responsibilities or when the parents are unable to agree on joint decision making.

Parenting time

Parenting time in Ontario refers to the time a child spends in your care. This also includes the time that the child may be in school or daycare. It is important to note that you have the right to parenting time unless the court decides it is not in the child’s best interest. You also have the right to information about your children’s health, education and general situation.

Once you have decided to pursue divorce, the first step is to complete a divorce application. The application is available from the courthouse or online through the Ontario Ministry of the Attorney General’s website.

The application must be accompanied by a court fee and a copy of the marriage certificate. The application will also ask for information about the grounds for divorce and any other legal issues that need to be addressed, such as child custody, access, and support.

If you are filing a sole divorce in Ontario, you will need to serve the application on your spouse by mail, in-person or through the Hague Convention process. Once your spouse is served, you will need to wait 30 days in order for them to file an Answer to your application. If no answer if filed, you can move forward to second filing. These documents include your Affidavit of divorce, Affidavit of service, draft divorce Order and any other previously signed domestic contracts or court Orders.

If you are filing for joint divorce in Ontario and you have already lived separate and apart for at least 12 months, you can file all of the divorce documents at once and there is no need to “serve” the divorce documents on each other.

The court will review all of the divorce documents and make a decision to either grand your divorce Order or provide you with a request for additional information.

In Ontario, when a married couple separates or divorces, their property is divided equally between them. This process is known as equalization of net family property. The equalization payment is intended to ensure that both spouses share in the value of the property accumulated during the marriage.

Net Family Property

To determine the equalization payment, the net family property (NFP) of each spouse must be calculated. The NFP is the value of each spouse’s property, minus their debts and liabilities, on the date of separation. Property that is excluded from the calculation of NFP includes gifts, inheritances, and property owned before the marriage.

The spouse with the higher NFP is required to make an equalization payment to the other spouse in order to equalize their NFPs. The payment is generally made within six months of the divorce or separation.

Calculating Equalization

To calculate the equalization payment, the NFP of each spouse is first determined. This is done by subtracting their debts and liabilities from the value of their assets on the date of separation. The value of the assets is determined based on their fair market value on the date of separation.

The spouse with the lower NFP is entitled to half of the difference between their NFP and the higher NFP. For example, if one spouse has a NFP of $500,000 and the other spouse has a NFP of $300,000, the equalization payment would be $100,000 (half of the difference between their NFPs).

Issues to Consider

There are some issues that may arise during the equalization process, such as:

• Valuation of assets: Some assets, such as businesses or real estate, may require a professional appraisal to determine their value.
• Excluded property: It is important to ensure that all property is properly classified as either included or excluded from the calculation of NFP.
• Debt and liabilities: It is important to ensure that all debts and liabilities are properly accounted for and deducted from the value of assets.

Equalization of net family property is an important aspect of divorce in Ontario. It is intended to ensure that both spouses share in the value of the property accumulated during the marriage. By understanding the process and seeking professional advice if necessary, you can ensure that your property is divided fairly and equitably.

Child support is a payment made by one parent to the other parent to help cover the costs of raising a child after separation or divorce. In Ontario, child support is governed by the Child Support Guidelines.

Calculation of Child Support

Child support in Ontario is calculated based on the paying parent’s income and the number of children being supported. The Child Support Guidelines provide a table that sets out the amount of child support to be paid based on the paying parent’s income and the number of children.

The table is updated annually and takes into account the cost of living and changes in the economy. The table is also adjusted for parents with shared custody or access to the child.

In addition to the table amount, the paying parent may be required to contribute to special or extraordinary expenses related to the child’s healthcare, education, or extracurricular activities.

Enforcement of Child Support

In Ontario, child support is enforced by the Family Responsibility Office (FRO). The FRO is responsible for collecting and distributing child support payments.

If a paying parent fails to make their child support payments, the FRO can take a number of enforcement measures, including:

• Garnishing the paying parent’s wages, bank accounts, or other assets.
• Reporting the paying parent to a credit bureau.
• Suspending the paying parent’s driver’s license or passport.
• Taking legal action to enforce the child support order.

Modification of Child Support

Child support orders can be modified if there is a change in circumstances that affects the amount of child support payable. For example, if the paying parent experiences a significant change in income or if the child’s living arrangements change, the child support order can be modified.