When a marriage ends, the spouse with the higher income may need to pay spousal support. This payment helps to address financial disparities for the spouse with lower income. Spousal support obligations also exist when a common-law relationship ends.
Spousal support is not automatic. The person seeking support must demonstrate entitlement based on factors like: Compensation for economic disadvantages caused by the relationship, such as one spouse sacrificing career opportunities to raise children or support the other’s career. Addressing financial need or dependency, especially if one spouse cannot support themselves post-separation due to the lifestyle established during the relationship. Pre-existing agreements (e.g., marriage contracts) may also dictate support obligations.
When determining Spousal Support Courts assess several factors including: a) Length of the relationship; b) Roles and contributions during the relationship (e.g., homemaker vs. breadwinner); c) Income disparity between spouses; d) Age and health of both parties; e) The financial needs and ability to pay of each spouse.
The Spousal Support Advisory Guidelines (SSAG), though not legally binding, are widely used by Ontario courts to determine the amount and duration of Spousal Support. These guidelines consider income, length of relationship, and whether there are children. For short marriages, support might be time-limited. For long marriages (e.g., over 20 years), it could be indefinite, especially if one spouse cannot become self-sufficient. Support can be paid as a lump sum or periodically (e.g., monthly).
Spousal support can be agreed upon through negotiation or a separation agreement. It can also be ordered by a court if the parties cannot agree. If disputed, a court application is filed, and a judge decides based on evidence like financial statements, affidavits, and testimony.
How much spousal support is payable and for how long depends also on a number of other factors. This can be best explained by your family lawyer after discussing your specific circumstances . Mysupportcalculator.ca is a website which may help you get more details about spousal support payable in your particular situation.
SEPARATION AGREEMENTS
A SEPARATION AGREEMENT is a contract between two people who are ending a marriage or a common-law relationship. It is used to settle all or some of the issues arising from their relationship's breakdown. Such an agreement can contain almost anything relevant to ending your relationship, including who will have child custody decisions, spousal support obligations, and decisions regarding how property will be divided. It is important to remember that entering into separation agreement has a serious and lasting impact on your rights and obligations. Consulting a lawyer is advisable for assistance in preparing and negotiating this agreement.
By agreeing on terms privately, through the negotiation or mediation the separation agreement reduces the need for court intervention, saving time, money, and emotional stress. While not mandatory, courts typically respect these agreements if they are fair, negotiated in good faith, and meet legal requirements. However, in order to reach an agreement, both parties have to want to negotiate and voluntarily enter into the agreement.
Once signed and witnessed the agreement becomes enforceable like a contract. If one party breaches it (e.g., fails to pay support), the other can seek enforcement through the courts.
When negotiating a separation agreement, financial disclousure is extremely important. When parties are negotiating support and property based issues, they have to fully disclose their financial circumstances to each other. Mutual exchange of financial information dispels the potential for the other party to claim ignorance of your financial circumstances. This could give them grounds for challenging final agreement later on in the future.
Both parties increase the integrity of a separation agreement by obtaining independent legal advice. As you can imagine - a separation agreement is a very complex document, and drafting it is best left to a lawyer.
RESTRAINING ORDER
RESTRAINING ORDER
Domestic violence is a serious issue that impacts numerous families, involving physical or emotional abuse within a household and may necessitate a RESTRAINING ORDER. We understand the toll domestic violence takes on victims and their loved ones. Our goal is to provide expert and compassionate legal support so you don’t have to face it alone. If you were assaulted or threatened by your spouse/partner - you can ask the court for a restraining order. Such order may require your spouse or partner to stay away from you. It can also be more specific, stating that your spouse or partner must not come to your home, workplace, or children's school. It may also include other frequent locations, such as your place of worship or your parent's home.
If your spouse/partner disobeys the restraining order, you have to call the police. The police will want to see a copy of the order so you should keep it with you at all time. Your spouse or partner can be arrested if the police believe they have disobeyed the court issued order. They may also be charged with a crime.
Usually one applies for restraining order as part of a larger court proceeding, but it is possible to apply for such an order alone. The process can take many months. It will require a formal submission, evidence, and a hearing at which both sides can make their claims.
In some circumstances, a person who fears for her/his immediate safety can ask the court for an “ex parte restraining order”. In such a case, your ex-partner is not notified of the application, and the judge can issue the order immediately. This type of order typically is typically short lived. It is intended to keep you safe while your ex-partner is notified. Your ex-partner will then have the opportunity to tell his or her side of the story.
OPINIONS REGARDING VALIDITY OF FOREIGN DIVORCES
OPINIONS REGARDING VALIDITY OF FOREIGN DIVORCES
If you plan on getting married in Ontario, and you were previously divorced abroad, you must obtain a letter form an Ontario lawyer stating that your divorce should be recognised in Ontario in order to get a marriage licence.
For such a letter to be issued, you will need:
1. Your divorce order or decree.
2. A certified translation of your divorce order or decree if it is not in English.
3. A copy of your marriage licence application.
4. A statement written and signed by you about where you lived prior to your divorce.
The price for writing an opinion letter regarding validity of a foreign divorce is usually a fixed price.
FAMILY MEDIATION IS CONFIDENTIAL
FAMILY MEDIATION IS CONFIDENTIAL
Most clients want their family mediation to be confidential. It means that the things said in mediation and the offers made cannot later be used in court or arbitration if mediation fails.
Nothing said or done during the mediation process can be brought to the court. The mediator cannot be summoned to court to talk about the process or what happened during sessions. However, documents that are provided (other than settlement offers) which are relevant to the legal process are not confidential. The mediation process is confidential. However, this does not mean that clients are not permitted to tell their lawyers, counsellors, friends, etc. what happened.
Family law mediation is a voluntary, confidential process that helps separating or divorcing couples resolve disputes without going to court. In Ontario, mediation is commonly used for issues such as child custody and access, child and spousal support, and property division. The goal is to reach a fair agreement that meets both parties’ needs while minimizing conflict.
A trained, neutral mediator facilitates discussions, helping couples communicate effectively and explore solutions. Unlike a judge, the mediator does not impose decisions but guides both parties toward mutually acceptable resolutions. Mediation can be done privately or through court-connected services, depending on the couple’s circumstances.
One of the key benefits of mediation is that it is typically faster, less expensive, and less stressful than litigation. It also allows couples to maintain greater control over the outcome rather than leaving decisions to a judge. Mediation is particularly beneficial for co-parenting arrangements, as it promotes cooperation and reduces hostility.
While mediation is not legally binding, agreements reached can be formalized in a separation agreement or court order if both parties agree. Lawyers can review the terms to ensure fairness and legal compliance. However, mediation may not be suitable in cases involving domestic violence or extreme power imbalances.
Overall, family law mediation in Ontario provides a constructive and cost-effective way to resolve disputes, helping families transition more smoothly after separation or divorce.
MATRIMONIAL HOME
MATRIMONIAL HOME
The family home is a special place and the law treats it as such. If you are married, both you and your spouse have an equal right to stay in your home, even if only one of you is a legal owner. Neither spouse can rent it, sell it, or mortgage it without the other spouse’s consent. This is true even if only one of the spouses owns the matrimonial home.
A matrimonial home brought into marriage will be subject to equalization. So will a matrimonial home received as an inheritance or gift from a third party during a marriage.
The definition of a matrimonial home is broad. Married couples can own more than one matrimonial home. Often properties such as cottages, trailers, and second homes are considered matrimonial homes.
FAMILY LAW LITIGATION
FAMILY LAW LITIGATION
Litigation in a family matter is best to be avoided, but not always possible. I am a great believer in negotiated settlements resolving all the issues arising from the parties’ separation or divorce. Settlements create less stress in the lives of the parties and their children. They do not escalate conflict, tend to be better tailored to parties’ needs, are confidential, can be reached much faster than court decisions, and are less expensive. Unfortunately, they are not always possible. When one of the parties displays bad faith by not being entirely forthcoming about his or her financial situation, trying to hide income or dissipate assets, or simply taking unreasonable positions unjustified by the law, litigation can be the only option. No matter how unwelcome it is, litigation may become necessary.
The steps and length of litigation depend on the number of issues to be resolved. It also depends on how complicated the issues are, the level of hostility between the parties, and the level of the court that decides these issues. It is fair to say that litigation almost always takes much longer than the parties would wish it to take. Wait times and delays are built into the court process; court appearances are never scheduled soon enough, and adjournments of scheduled appearances are not uncommon.
Trial is the final step in the family law litigation process. At the trial, the Judge decides any unresolved issues for the parties. The Judge’s decision is final and binding.
For most couples who have children, the parenting arrangements are the most important areas of both the mediation and the written agreement. Even though they are separating, the parties will be parents together forever. It is time to reshape their relationship so they can live separate lives, and at the same time effectively co-parent their children, attend their children's birthdays, graduations, weddings and other family celebrations together. The list of family law mediation issues to be addressed is endless: from custody and residence to access and child support, from parental communication to not discussing the financial settlement in front of the children, from how to exchange children’s possessions for access visits to consent to travel out of the country, from moving the children’s residence to the relationships with parents’ new partners.
Since parties who have children have no option to end their relationship once and for all, avoiding escalation of conflict and ensuring the ongoing communication to address the parenting issues is of particular importance, which is why mediation is especially well suited for separating parents.
Financial mediation
Financial issues in family mediation involve property equalization, child support and spousal support. In some situations they can be very complicated. As a lawyer practicing family law, I work closely with lawyers and parties to successfully settle challenging financial disputes. It is not unusual that both parties and their lawyers attend mediation sessions. At the very least, we encourage the parties to consult with their lawyers both during the mediation, and before reaching the final settlement.
Full financial disclosure must be provided by both parties when mediating financial issues. The law in Ontario requires full disclosure of financial information in order to enter into a binding separation agreement.
In mediation, parties have an opportunity to prioritize their issues. The mediator may explain the law applicable to their issues and help them focus on the things a judge would take into consideration before making a decision. It is usually useful, as it helps the parties see things within the legal framework. The mediator cannot give legal advice to any of the parties.
The parties are free to come up with their own solutions. However, if the mediator believes that the settlement that the parties are seeking is drastically unfair to one or the other party, the mediator will tell the parties. If at any time the mediator feels that either party needs legal advice, the mediator will say so. It is especially applicable in situations where there is more than one settlement option on the table, and the parties need help weighing the pros and cons of all options.
Comprehensive mediation
In many cases, separating couples have to negotiate both parenting and financial issues. The fact that they are often interconnected makes them even more difficult to resolve. My background as a mental health professional, as well as my legal training, place me in a unique and ideal position to help the parties resolve all of their financial and parenting issues, efficiently and without feeling vulnerable, at the same time with the same mediator.
3. What amount of child support is appropriate? What does it cover?
4. What will trigger a change or end to child support?
5. Sharing special expenses.
6. Will there be an education fund?
IV. Medical/dental expenses
If you have insurance through your employer, many expenses could be covered, but you need to think about coverage for the children, and possibly the other parent, and how this coverage will occur. If there is no medical coverage available through either parent, then you have to consider:
1. Who pays for medical/dental expenses for the children or the other parent?
2. What does the coverage include?
V. Life Insurance
Life insurance is usually in place for most people. Be aware of the type of policy/policies you and your partner have.
1. Will the beneficiary stay the same or change?
2. Who will pay the premiums?
3. Is insurance needed to protect support?
This list is a good starting point, but it is not exhaustive. The mediator and the parties may identify other issues as the mediation process unfolds.
INDEPENDENT LEGAL ADVICE
INDEPENDENT LEGAL ADVICE
Independent legal advice is required in many family law matters. It ensures that the interests of all the parties are protected. Independent legal advice is advice from a lawyer who is not acting for, and is not connected to, any other person in the dispute. For example, if the wife has a lawyer, that lawyer may provide independent legal advice to the wife. However, they cannot provide independent legal advice to the husband. Independent legal advice informs an unrepresented party about the nature and consequences of his or her decisions.
Independent legal advice is most commonly sought prior to entering into some agreements, such as marriage or separation agreements, especially in situations when one of the parties is unrepresented. Agreements entered into without independent legal advice are prone to being overturned by the court. It is important to remember that to be valid, all family law agreements have to be negotiated based on full financial disclosure by both parties. A lawyer providing independent legal advice on family law agreements must be aware of the financial situations of both parties. This awareness is crucial to make the advice meaningful.
According to the Family Law Act, independent legal advice is mandatory for family arbitrations. Any award from an arbitration must involve both sides receiving independent legal advice. Without this, the award will not be enforceable in court.
A lawyer acting as a mediator and preparing a draft contract for consideration by the parties in mediation should advise them to seek independent legal advice before signing it.
A lawyer providing Independent Legal Advice needs to perform a detailed review of the parties’ financial disclosure, and carefully read the Draft Agreement. The lawyer also needs to interview the client to find out their priorities, objectives, and expectations. The lawyer must explain the meaning of any agreement the client is about to enter into. In most situations, it is necessary to provide the client with a written document explaining the meaning of the Agreement.
Providing Independent Legal Advice is crucial and time consuming and involves more than just "rubber stamping" as clients might expect. The fee for providing Independent Legal Advice is based on actual time spent which is seldom less than 5 hours. In some situations, the lawyer providing Independent Legal Advice becomes involved in negotiating changes to the Draft Agreement. This results in additional time being spent.
HOW TO START FAMILY MEDIATION?
HOW TO START FAMILY MEDIATION?
1. To start a family mediation process, confirm your spouse's or ex-partner's interest in mediation, as it is a voluntary process requiring mutual agreement.
2. Both parties have to download the Intake Questionnaire, fill it in, and fax or mail to my office (detailed instructions are on the form).
3. When I receive both Intake Questionnaires, I will contact both of you to schedule intake meetings.
4. Each party meets with the mediator individually. The issues for mediation are canvassed during this meeting, and the parties get to meet the mediator and ask questions. The Mediation Agreement is signed, and if any preparation is needed during the first session, it is discussed and explained.
Essential Preparation Checklist
Documentation and Financial Readiness
Compile comprehensive financial documents:
Tax returns
Pay stubs
Bank statements
Asset and debt information
Create a detailed list of income, expenses, and financial obligations
Strategic Mediation Approach
Define clearly your primary mediation objectives
Identify non-negotiable priorities
Determine areas for potential compromise
Consider long-term implications of agreements, especially regarding child custody and financial support
Legal and Communication Considerations
Consult with a family law lawyer to understand your rights and legal options
Have a lawyer review any proposed agreements before finalizing them
Prepare for clear, respectful communication, Avoid emotional arguments
Ensure accuracy of shared information
Child-Focused Planning
Develop a comprehensive co-parenting strategy
Document children's current schedules and needs
Create flexible parenting arrangements
Prioritize children's well-being
Financial Planning
Develop a forward-looking budget
Prepare to discuss:
Child support
Spousal support
Asset division
Bring supporting financial documentation
Key Takeaway
Successful mediation requires thorough preparation, mutual respect, and a commitment to finding collaborative solutions that benefit all parties involved
