Separation & Divorce Legal Services

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For most couples, separation and divorce are often very stressful, and each person may deal with this upheaval at different times and in different ways. We promise to help make the legal process easier for you and will guide you through each step of your separation, property division, and divorce.

We help by:

Gaining as complete a picture as possible at the earliest stage and advising you on your rights, obligations and options
Guiding you through the necessary forms and procedures
Anticipating and proactively responding to potential legal hurdles
Providing referrals to professionals with expertise in various aspects of separation and divorce, such as counsellors and parenting coordinators
Comparing settlement vs. litigation

It is usually in your best interest to settle rather than deal with matters in court. We prefer to recommend a reasonable out-of-court settlement since litigation is generally costly and can be emotionally charged.

Jacqueline and the team will work with you to reach a fair settlement and recommend resolution tactics that best suit you. If a settlement is not possible or if it is in your best interests to go to court, Jacqueline has done many trials and is comfortable representing you in a courtroom setting.

Separation Family Law Services

In Ontario, there is no such thing as a legal separation. A separation is a matter of fact: you are either living together, or you are not.

While some couples may choose to live in the same home while considering themselves separated, the courts consider many factors to decide if this is true. Factors include:

Doing household chores such as laundry, cooking.
Cleaning for each other.
Spending time together with family and friends.
Celebrating special occasions together.
Sleeping in the same bed or having a sexual relationship.

Perhaps the best way to gauge if you are separated is to ask your partner and those people closest to you whether or not they clearly understand that you have separated. If this is unclear to your partner or those closest to you, it may not be apparent to the courts.

Noting your separation date is very important, as this will mark the date when your property rights come into effect.

Divorce Family Law Services

You must be separated before being divorced. A divorce will be granted if you have been separated for a year. The divorce process can start during the year-long period. However, the divorce judgment will not be granted until at least the year has passed.

You can also be divorced based on cruelty or adultery by the other partner. However, very few divorces proceed on this basis because it is relatively easy to divorce after being separated for a year.

Divorce is not automatic. You must apply for it through the court. Considerations of a divorce may impact your entitlements, such as extended health care coverage and will not invalidate an existing will.

Once divorced, you have the right to remarry.

Spousal Support Family Law Services

Spousal support is not automatic. Entitlement, amount, and duration of spousal support are discretionary issues.

While there are Spousal Support Advisory Guidelines, they are not law. However, the Guidelines are accorded considerable weight by our courts and frequently followed.

No general statement applies to spousal support except that it will likely be paid at a level and for a period that reflects the marriage duration, number of children, and disparity between both partners’ incomes.

We will provide calculations and evaluate your obligation to pay or your entitlement to receive spousal support. Assets and property division, as well as the matrimonial home, will factor into the equation.

Asset and Property Division

The Family Law Act of Ontario governs the property rights of married spouses. The philosophy of the Family Law Act is that, subject to certain exceptions, any financial growth during the marriage is to be shared equally by both spouses.

Accordingly, upon separation or death, a calculation is done separately for each spouse to determine the growth in the value of that spouse’s assets during the marriage (called “net family property”), and payment is then made by one party to the other (called “an equalization payment”).

Under the Family Law Act, there is no actual sharing of property and each party is entitled to retain whatever property they own, subject to the requirement that one spouse may have to buy out the other.

To do the calculation, each party prepares a statement of their assets and debts at the date of marriage, separation or death. The value of the net assets at the date of marriage is deducted.

Separation & Divorce F.A.Q.

What do I need to disclose in a separation?

Disclosure is a critical factor in any separation where a complete financial statement must be prepared. The financial statement is a prescribed form that must be completed whether the goal is a negotiated settlement or court application.

The separation and divorce process will be speedier and less expensive if a complete financial statement with supporting documents is prepared at the start of an action. Full financial disclosure also enhances your credibility and results in fewer questions throughout the process.

Your disclosure will include such information as:

Your current income
Attachments of income tax returns and notices of assessments for the past three years
Bank account numbers and records
Credit card numbers and statements
Details of life insurance policies
Receipts for expenses

You may also be required to obtain real estate valuations for all properties.

If you run a business, financial statements, bank and credit card statements, general ledgers, and other documents will need to be produced. It may be beneficial to hire a professional business valuator to assess the value of your business. If your partner owns a business, a business valuator hired on your behalf may be helpful to test the value placed on a company by your partner’s business valuator.

In most situations, assets and debts at the date of marriage, the date of separation (referred to as the valuation date), and the date of the statement must be shown. Usually, all available reports and records to support these figures are attached to the financial information when it is prepared.

Who will own the matrimonial home?

It is common to think that the matrimonial home is jointly owned regardless of how the title is registered. Another misconception is that you can have only one matrimonial home.

A matrimonial home is defined as:

“Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home.”

You can have multiple matrimonial homes. Matrimonial homes can include:

An island cottage, used only in summer.
A ski chalet, used only in winter.
A time-share unit.

This fact is contrary to the Income Tax Act that provides you can have only one principal residence for capital gains purposes.

A principal residence and a matrimonial home are not necessarily the same thing.

The standard rule in a separation is that you retain what you own. If the house is registered in your name, it belongs to you. However, if your spouse has invested money or time into the home, he or she may have a constructive trust claim concerning it. This would include paying for it, paying the mortgage and other bills, paying for renovations. It can also mean the physical labour of doing renovations or other work on the property.

In some cases, if you look after the household and your partner’s children while your partner works to pay off the mortgage, you may also have a constructive trust interest in the house commensurate with your contribution. A constructive trust interest may entitle you to a payment of money or percentage interest in usually 50 percent or less of the home.

Can you refer me to other professionals to help with my separation?

A multidisciplinary approach is helpful and often needed during a separation. For example, a real estate appraiser may be required to value property or a business valuator to determine the value of your interest in a business or company. A client may need a social worker, psychologist, or psychiatrist to assess the children’s issues and the family dynamic to help determine how to address any concerns.

We work alongside many trusted professionals, including: