Top Toronto Divorce Lawyers Near You

By: Lorne J. Fine, B.A.. LL.B., Q. Arb. Fine & Associates Professional Corporation  Digital communications are everywhere: Text messages, emails, social media posts, and recorded conversations. They are an entrenched part of modern daily life. They are also routinely introduced in Canadian courtrooms, especially in Family Law disputes including parenting time and support.   But their…

It’s one of the questions I hear most often from separated parents: “I want to move…. Can I take my child with me?”   The honest answer is:  It depends.  And the rules are more nuanced than most people expect.  In Ontario, the relocation of a child after the parents separate is governed primarily by the…

If you’ve been divorced for a while and are either paying or receiving spousal support, then you’ll know that the determination as to the amount was the result of a complex process.  The primary factor was your and your Ex’s financial circumstances at the time of your separation.   But as you will also know, those…

For many separating couples, the family home is both their largest asset, and also the property to which they are most emotionally attached.   Not surprisingly, at our firm one of the first questions we get from our newly-separated clients is: “Who gets to keep the house?”  In Ontario, there is no automatic rule that the…

If you’re going through a separation or divorce, your first real appearance before a family court judge will often be a Case Conference. It’s not a trial:  There are no witnesses, and the judge isn’t there to make findings of fact.   Instead, a Case Conference is meant to identify the issues, encourage settlement, confirm that…

When domestic violence (often called Intimate Partner Violence (IPV) or just “family violence”) occurs within a family, the protection of the abused partner is naturally a key concern. But when there are children in the mix, the impact can be profound – even when the children have not been physically assaulted themselves.  Canadian Family Law…

For many couples, separation only marks the “beginning of the end” of their marriage.  The divorce itself may still be months (or sometimes years) away.   But many people are emotionally ready to move on much sooner.  This in turn raises a common question: Is it okay to start dating before the divorce is final?  In…

In parenting disputes, parents sometimes assume that a child’s stated preference about where they want to live or how parenting time should be arranged will determine the outcome. In practice, Ontario family courts take a much more careful approach. In a new article published by Law360 Canada, Fine & Associates principal Lorne J. Fine examines…

Fine & Associates Professional Corporation is proud to congratulate Daniel Dominitz on being recognized as one of Toronto’s Top Rated Divorce Lawyers for 2026 by FamilyLLB. This recognition highlights Daniel’s growing reputation within the family law community and his commitment to providing thoughtful, strategic representation for clients across the Greater Toronto Area. FamilyLLB’s annual list…

Until recently, if you were a victim of domestic abuse then your sources for a remedy were somewhat limited:  You might look to the criminal law (to formally lay charges against the perpetrator), or you might pursue a civil action against them, for what often turns out to be a relatively modest damages award. But…

When people think about Intimate Partner Violence (IPV), they often picture dramatic confrontations, physical altercations, and injuries that are usually visible. But many abusive relationships leave no physical marks at all. Instead, the abuse takes the form of coercive control, a pattern of behaviour designed to dominate, isolate, and control another person over time. We’ve…

At Fine & Associates, we are committed to helping clients understand how developments in family law can affect their rights and legal options. We are pleased to share that our latest article, “The Coercive Control Lens: A New Framework for Family Law Decision-Making,” by Lorne Fine and Daniel Dominitz, has been published by Law360 Canada.…

We’ve talked a lot in our Blog about the recent Supreme Court of Canada decision in Ahluwahlia v. Ahluwalia, which explored the important concept of Intimate Partner Violence (IPV). One of the most important lessons to emerge from that ruling, is that IPV is not always physical. It can take the form of coercive control…

For a few months now, our Firm has been writing regularly about the Supreme Court of Canada ruing in Ahluwalia v. Ahluwalia.  That groundbreaking decision confirmed an important legal principle: Survivors of intimate partner violence can use existing tort law to seek monetary compensation from their abusers. Since that time, we’ve been tracking how Ontario…

In the past few Blogs, we’ve been covering the landmark decision by the Supreme Court of Canada in a case called Ahluwalia v. Ahluwalia, 2026 SCC 16.  In that ruling the Court recognized a new civil tort of Intimate Partner Violence (IPV), and confirmed that in some cases the victims of such violence could seek…

If you are experiencing Intimate Partner Violence (IPV), it can be difficult to think about protecting yourself, or asserting your rights. Your immediate focus is often on your safety, your children, and simply getting through each day. But as we’ve covered in some recent blogs, “Proving Your Tort Claim for Intimate Partner Violence? Here’s the…

One of our recurring Blog topics recently has been the landmark decision by the Supreme Court of Canada in Ahluwalia v. Ahluwalia.  And it’s for good reason. That case confirmed that under Canadian law, eligible victims of Intimate Partner Violence (or IPV – formerly known as “domestic abuse”) may now have access to a new…

Last month, we wrote about the recent landmark Supreme Court of Canada decision in Ahluwalia v. Ahluwalia, which recognized a new civil tort of Intimate Partner Violence (IPV). That case is groundbreaking because it recognizes that, in the right circumstances, victims of IPV may now be able to pursue monetary damages from an abusive spouse…

In some of our recent Blogs, we’ve discussed the growing legal recognition of Intimate Partner Violence (IPV), including the Supreme Court of Canada’s recent decision in Ahluwalia v. Ahluwalia. One important point emerging from that case is this: Abuse within a relationship is not limited to physical violence. It can also include emotional, psychological, and…

Canadian Family Law has undergone sustained legislative and jurisprudential refinement over the past few decades. As of April 2026, further changes are now being proposed under Bill C-223, titled the Keeping Children Safe Act. According to the preamble of this Private Member’s Bill – which is currently at the second reading stage – it is…

If you are going through a high-conflict divorce, it might feel like the process is taking over every part of your life.  In addition to your job and trying to manage your children’s day-to-day schedules, you might also be managing: constant communication problems or harassment from your Ex court appearances and related scheduling challenges the…

If your marriage has broken down, you may quickly discover that financial disclosure is an important – and perhaps contentious — part of the separation process with your Ex. You might notice that your Ex has suddenly become secretive about their finances.  Or maybe you suspect they are actively hiding income. The good news, is…

If you are the unfortunate victim of Intimate Partner Violence (IPV) in your relationship, you should know about a groundbreaking legal development recently – one aimed squarely at strengthening the Canadian laws designed to protect you. But first, a little bit about the existing law on IPV.  We’ve written about it before, in our Blog…

Artificial Intelligence is rapidly changing the legal landscape, including the practice of family law. As more litigants and even legal professionals rely on AI-generated content, Ontario courts are increasingly facing challenges related to inaccurate information, fabricated case citations, and improperly prepared legal materials. Fine & Associates Professional Corporation is proud to share that Lorne J.…

If you are legally married but in the midst of separating or divorcing, then your family home is likely the most valuable asset you own – and perhaps also the one you feel most emotional about. But the treatment of the matrimonial home in a divorce is one of the most misunderstood aspects of Ontario…

Here in Ontario, summer is just around the corner. For kids, it’s the time of year for endless sunny days, carefree fun, freedom from routines, and plenty of time with friends. But if you are a parent who is separated or divorced, then the summer months can feel like a challenge. That’s because the season…

Fine & Associates is pleased to share that Lorne Fine has been featured in Law360 Canada with a timely article examining the proposed changes under Bill C-223 and what they may mean for family law in Canada. In his article, Lorne explores how Bill C-223, the Keeping Children Safe Act, could reshape the way courts…

People sometimes assume that an annulment is simply a faster or easier alternative to divorce. In reality, the opposite is true: In Ontario, annulments are uncommon, and courts approach them cautiously. The reason lies in what an annulment actually does. We’ve written about the general Canadian law on annulments before, in our Blogs titled Divorce…

When your relationship ends, financial disclosure is not simply a formality; it is a legal obligation. Under Canadian Family law, each of you must provide complete and accurate information about your financial circumstances, including your income.  As one Ontario judge put it, it’s “the most basic obligation in family law and it is immediate, automatic…

Separating or divorcing is already hard enough. When you’ve got kids with your Ex, it adds a level of difficulty.  But when your Ex shows the hallmarks of narcissistic behaviour – such as a pathological need for control, lack of empathy, and a tendency to shift blame – then the whole thing combines into what…

Springtime is finally here, and summer is just around the corner.  It’s the time of year that children most look forward to, but for separated and divorced parents, it can be one of the most challenging times to handle summer custody schedules without conflict. That’s because there are often changes to routine, a greater need…

Fine & Associates principal Lorne J. Fine was recently featured in Law Times, providing insight on a significant change to how family law matters are handled in Toronto. What’s changing in Ontario family courts? Starting April 2, 2026, the Ontario Superior Court of Justice will require most short family law motions in Toronto to be…

Digital evidence is becoming a central issue in family law disputes across Ontario, and the risks are evolving quickly. In a recent article published in Law360 Canada, Lorne J. Fine of Fine & Associates explores how text messages, social media, recordings, and emerging technologies like AI-generated content are reshaping how courts assess evidence in family…

In a recent Article titled Can You Be Separated While Still Living Together in Ontario? https://www.torontodivorcelaw.com/why-the-separation-date-matters/ we talked about how – for economic reasons – it’s becoming more common for divorcing couples to continue living together pending their divorce finalization.  Under Canadian law, it’s fully possible to be separated and still live under the same…

We provided a “how to” on Where spouses continue living together, disputes about the separation date are common — and often consequential. The separation date affects: When the one-year divorce period begins The valuation date for equalization of net family property under the Family Law Act The calculation and duration of spousal support Certain limitation…

Divorce later in life—often called a “gray divorce”—is becoming increasingly common.  Married couples are separating after many decades, after the children are grown or retirement is approaching. While the basic legal framework for divorce in Ontario remains the same regardless of age, couples who divorce after age 50 often face a different set of financial…

If you own a business and are going through a separation or divorce, it’s natural to feel especially concerned.  You may be wondering about what will happen to the venture you’ve spent years – or perhaps decades – building. For many business owners, their company is more than just an asset – it represents their…

If you are going through a divorce, you may be focused on pressing day-to-day matters – like parenting schedules, property division, and how best to move forward.  But for some people, there is undercurrent that also shapes the breakdown of the relationship: Financial abuse. It’s a kind of abusive conduct can develop gradually, and be…

It’s a longstanding pre-conception:  When it comes to parenting arrangements involving kids, the Canadian legal system favours the mother. And perhaps this was the case decades ago.  But unlike many persistent stereotypes, under the modern-day legal system, this is simply not true. In fact, Ontario family law does not grant automatic preference to either parent.…

Separation and divorce are rarely easy, particularly if there are children involved. In some families, conflict can escalate to the point where one parent believes the other is undermining their relationship with the child. This situation is often described as “parental alienation.” The term is frequently used, but it’s not always well-understood. Plus, courts approach…

The start of a new year often brings a period of reflection. For many people, January and February are when unresolved questions about their shaky marriage feel harder to ignore. If you are finding yourself thinking more seriously about separation or divorce, you are not alone. As experienced Ontario Family Lawyers in Ontario, we frequently…

If you’re lucky to have inherited money lately, but unlucky in your relationship, you might be wondering what your rights are.  It’s one of the most common questions we get from people who are in the midst of a separation or divorce: What happens to inherited money in divorce that’s been inherited during the marriage?…

Most people think of divorce as arising from problems inside the relationship itself.  It might look like communication breakdowns, financial strain, or growing apart. But for many couples, the tipping point begins somewhere else entirely: At work. It’s really no surprise: Times are tough everywhere. The economy is faltering. Job losses might be looming. Even…

Even the best divorces are rife with uncertainty:  Finances, parenting schedules, and the emotional weight of a relationship ending.  But does your former partner seem unusually focused on “winning”?  Or on controlling the narrative, punishing you for leaving, or just getting his or her own way? If so, there may be another dynamic at play.…

Whether you are the one paying spousal support, or the one receiving it from your Ex, you might wonder whether the amount can ever be changed – and under what circumstances. The short answer is:   Yes.  In certain situations, you can get a court to vary – or at least review – your previous spousal…

If you’re already going through a high-conflict separation or divorce, then you may already be feeling overwhelmed, frightened, and downtrodden. But if your relationship with your Ex gives rise to allegations of abuse (also referred to as “Domestic Violence”, “Family Violence” or “Intimate Partner Violence”), then your fear will likely be heightened.  That’s because situations…

If you’re a parent who has separated (or is in the process of separating), then your children’s well-being will be your top priority. Discover how courts respond to family violence concerns and the measures used to safeguard children during separation and divorce. In Ontario, it will be the courts’ priority, too – especially if there…

If you’re a parent whose current relationship situation involves family violence (also referred to as “domestic violence”) then your focus will likely be on your child’s safety and well-being. But even as a concerned parent, you might be unsure as to how Ontario Family Courts respond when violence is alleged.  You may have questions like,…

Family disputes do not always unfold on a predictable schedule.   Especially with the upcoming holidays – and especially if you have kids – there can be many unexpected plot-twists when dealing with your Ex. Sometimes, a dispute will escalate quickly, and will need to be dealt with long before your next scheduled court date. You…

Are you a newcomer to Canada?  If so, the decision to separate or divorce in this country can feel overwhelming – what new Canadians need to know about divorce, especially if you are still just getting used to unfamiliar laws, cultural expectations, and immigration and relocation concerns. Adding a divorce or separation to the mix…

In Canada, it may be that getting married is falling out of fashion, and that simply living together is becoming the “new normal”.  According to the latest Statistics Canada data (from 2021) [ADD hyperlink to:  https://www.statcan.gc.ca/en/subjects-start/families_households_and_marital_status], nearly 1 in 4 Canadian couples were in common-law relationships together, representing about 22.7 percent of all couples in…

Ahh, the holidays. A time of joy, family traditions, and meaningful celebrations. But if you’re a separated or divorced parent, the holiday parenting can be a flashpoint.  There may be disagreements over where the children will spend Christmas morning or Hannukah.  Disputes over how the children’s time will be divided during their winter break from…

As the 2025 calendar year winds down, many people naturally reflect on their goals, finances, and relationships. For some, this period of reflection may include considering a year-end divorce or separation. While there is no “perfect” time to end a relationship, the final months of the year can offer unique advantages. These can be financial,…

Narcissistic behaviour affects parenting decisions and learn strategies to safeguard your child’s best interests today. Co-parenting after separation is rarely easy. But if your child’s other parent consistently displays narcissistic traits, it can be exponentially worse than a typical break-up.  Of course “narcissism” is not a legal term – but it’s used to refer to…

If you and your partner have separated but share a child together, one of the most important things you can jointly do is to create a clear, well-though-out “parenting plan”. Understand the principles of Ontario parenting plan after separation and how to create a clear agreement that supports your child’s stability and routine. When done…

Co-parenting after separation is rarely easy. But if your child’s other parent consistently displays narcissistic traits, it can be exponentially worse than a typical break-up.  Of course “narcissism” is not a legal term – but it’s used to refer to one category of parent who engages in high-conflict behaviour that makes it difficult to resolve…

As the 2025 calendar year winds down, many people naturally reflect on their goals, finances, and relationships.  For some, this period of reflection may include considering a separation or divorce.   While there is no “perfect” time to end a relationship, the final months of the year can offer unique advantages.  These can be financial, emotional,…

Are you separated from or divorcing a narcissistic Ex?  If so, you’ll likely know the entire process has been complicated by their manipulation, grandiosity, need for control and lack of empathy.  And when you have a child together, the process can be especially toxic and emotionally draining. Under Ontario law, any decisions about your child…

For nearly all separated couples, the divorce process is filled with conflict. But in Ontario, there’s one part of that process where cooperation between spouses is strictly mandated by law:  Financial disclosure.  It plays a central role in ensuring fair outcomes on virtually every aspect of a divorce, including property division, spousal support and child…

Understand Ontario’s process for filing emergency motions in family court and what situations justify urgent legal intervention. In Canada, if your divorce or other Family Law proceedings are winding their way through the courts, you’ll now that the process takes time.  Sometimes quite a bit of time. This can be a problem when there are…

Divorce is difficult for any former couple.  But if your spouse shows persistent patterns of behaviour that indicate high-conflict divorce, it can be especially challenging. They may not be formally diagnosed with a Personality Disorder, but even if they just has strong traits that hint at Narcissistic, Borderline, or Histrionic Personality Disorders, it can make…

If you and your and your Ex are in a divorce battle, you’ll know that emotions can run high, especially when it comes to your children.  Sometimes, in the heat of a dispute over parenting time and other issues, you might find yourself the subject of false allegations by your Ex. These can range from…

Even if you’ve been in a bad and toxic relationship, the end can be hard.  If you and your Ex are the parents of children, you have to resolve domestic violence allegations issues around parenting and child support, in addition to the usual property division and spousal support questions.  To get to a resolution, the…

Family law proceedings are not just legal processes and outcomes; they are deeply personal and emotional journeys. Maybe you’re navigating the intricacies of a separation or divorce.  Maybe you are squabbling with your Ex about parenting arrangements or support issues. Whatever the stage you’re at, it’s likely you’re juggling both the legal issues and your…

In any Canadian divorce between parents, disputes over parenting time and decision-making responsibility (formerly “custody” and “access”) are stressful at the best of times.  But if you’ve got an Ex who displays narcissistic traits – such as controlling behaviour, manipulation, refusal to compromise – the process can become even more difficult.   In a recent Article,…

You hear the word “narcissist” or “narcissism” a lot these days, on social media, talks shows and podcasts, and in mainstream popular psychology.  People are accused of being narcissists for being attention-seeking, self-absorbed, or acutely selfish. If you have a spouse with these traits, and are going through a separation or divorce, then it will…

You may have heard the term “restraining order”, but you may not be clear on what it means, how it might help you in your Family Law matter, or how to get one. In Ontario, restraining orders (also known as Family Law Protection Orders) are a powerful legal remedy available through the Family court system,…

10 family law myths that could hurt you. If you’re going through a separation or divorce, you’re likely relying on what friends, relatives, or the Internet is telling you about “how it works.” The problem is, much of this information is wrong – or at least only half right. Believing in myths and misinformation can…

If you are one of two parents who have separated, parenting time decisions, you’ll know that it’s common for emotions to run high.  It’s natural to want as much time with your child as possible – but also normal to feel defensive when your Ex pushes for an arrangement you don’t agree with. But at…

When it comes to Family Law Litigation in Ontario, most people rightly focus on the big issues: Parenting arrangements, child support, spousal support, or property division. But an often-overlooked aspect of litigation is the matter of “costs.” Understanding “Costs” in Family Law Litigation: A Key Aspect of the Process Understanding this concept – and the…

If you’re in a Family Law dispute with your former partner, you’ll know that it can be an overwhelming and stressful experience.  In traditional court process can feel inefficient, slow and costly.  You may feel trapped in a maze of procedures, and stymied by countless delays. In Ontario, the good news is that there are…

If you are involved in any sort of litigation, you’ll hear the words “service of documents” or “serving documents” quite frequently. Understand rule 6 Family Law Rules serving family court documents in Ontario Especially if you’re involved in a Family Law matter like divorce, you probably know that it’s one of the more important steps…

If you’re involved in a family law matter in Ontario – whether it’s a divorce, custody dispute, or child support application – you might already know that the outcome of your case will be governed by statues like the federal Divorce Act, the provincial Family Law Act, or the Children’s Law Reform Act. But did…

When you’re going through a separation or divorce, you might picture your case ending in a dramatic courtroom showdown. But the truth is, most Family Law Case disputes in Ontario – and across Canada – settle before trial, including your Family Law Case. Settlement can take many forms: A signed separation agreement, Consent orders, or…

If you and your ex are involved in a Family Law proceeding in Ontario, you will come across something called a Case Conference. In fact, in almost all cases, it’s mandatory that you attend at least one, and it usually happens very early in your “journey” through the Family court system. Let’s break down what…

What are pleadings? If you’re heading for a divorce or other Family Law proceedings in Ontario, you’ve probably already realized: there’s a lot of paperwork. But one of the most important (and sometimes mystifying) parts of the early process is something called “pleadings”. It may sound like an old-fashioned legal term – and it is.…

Starting a divorce in Ontario can feel overwhelming – but don’t worry, you’re not alone. Many people find the legal side of separation confusing, especially when faced with court forms, deadlines, and unfamiliar terms and processes. The good news? With a little guidance, you can make sense of the paperwork, and take confident steps forward.…

Divorce can be one of the most challenging life transitions you can face, both emotionally and financially. If you’re considering divorce in Ontario, it’s important to understand your rights, particularly when it comes to property division, parenting arrangements, and spousal support. Knowing where you stand legally can help you make informed decisions, avoid costly mistakes,…

When a marriage or common-law relationship ends in Ontario, one of the biggest financial questions is whether one spouse should pay support to the other. It’s referred to as “spousal support” in Ontario and Canada (and “alimony” in the U.S.), and this type of payment is intended to help ensure fairness after a breakup, especially…

“Parental alienation” is a heartbreaking and complex issue. It can arise during high-conflict separations or divorces, and occurs when one parent consciously or unconsciously undermines the relationship between a child and the other parent. This leads the child to reject or fear the alienated parent—often without valid justification. If you are a parent navigating a…

June is Pride Month — a time to celebrate love and families, and the many unique and different forms both can take. For many in the 2SLGBTQ+ community, building a family still involves navigating legal, emotional, and logistical hurdles that heterosexual couples may never have to think about. A recent Ontario case shows just how…

When you’re in the middle of a high-conflict separation or divorce, it can be tempting to record your Ex during a heated conversation — especially if you think what they say might help in your litigation. But is it legal to secretly hit “record” on your phone? And if so, can that recording be used…

Recently, we wrote about what it means to get a “no-fault” divorce in Canada. Most divorces proceed on a no-fault basis because it’s usually the simplest, fastest, and most cost-efficient way to go. But did you know that an “at-fault” divorce is also available? This route applies to situations where misconduct by a spouse is…

Divorce and fatherhood are a challenging journey for any parent.  And if you’re a father, you might be feeling uncertain about what comes next, especially when it comes to your kids. The good news? Canadian family law is built around the idea that children benefit from having both parents in their lives. If you’re a…

If you’re considering ending your marriage in Canada, you’ve likely come across the term “no-fault divorce.” But what does it really mean—and how does it work? Understanding the legal process can help you feel more confident as you take steps toward a new chapter in life. What Is a No-Fault Divorce? Under the Canadian federal…

Divorce vs. annulment: If your marriage is ending, you may be wondering:  Should I get a divorce or an annulment? While both options bring a marriage to an end, they are very different legal processes under Canadian law. Understanding the divorce vs. annulment difference is important to knowing which one might apply to your situation,…

If you and your spouse have decided to separate, you might assume one of you has to move out right away. But with today’s high housing costs, shared parenting duties, or simply needing more time to sort things out, many couples live in ‘same household separation’ conditions. Discover how the CRA views couples who are…

Divorce is often described as one of life’s most stressful events — and for good reason. It’s not just the end of a relationship; it’s a complex legal, financial, and emotional process. If you’re thinking about separating, or have already taken the first steps, preparation can make the road ahead less bumpy. Here’s a quick-but-comprehensive…

Spousal support is often one of the more complicated parts of a separation or divorce. If you’re paying or receiving support in Ontario, you’re probably wondering: how long will this last? Unfortunately, there’s no one-size-fits-all answer. The end date can vary widely depending on your circumstances, what the court decides, and what you and your…

Going through a separation and divorce can be tough. Emotionally and financially, it’s natural to feel overwhelmed, and concerned for what the future holds. One question that we get asked often by potential child or spousal support recipients, is about the present: Specifically, whether they are entitled to payments from their Exnow – even before…

Do you need a lawyer for your separation? If you’re going through a separation on the way to a divorce, you’ve probably wondered: “Do I actually need a lawyer for this early stage, or can I handle things myself?” It’s a fair question. Lawyers can seem intimidating (and, let’s be honest, expensive), and there’s a…

When a relationship breaks down, one of the biggest worries people have is money – including who might owe spousal support to whom. Many people make incorrect assumptions, such as: Spousal support is automatically awarded by courts It’s always the wife who gets spousal support Spousal support usually goes on indefinitely, long after the divorce…

In a past Blog we talked about the concept of “parental alienation” in the context of a separation or divorce.  It’s the idea that one parent is attempting to manipulate a child to turn against the other parent. This can occur in many ways, such as by making persistent negative comments to the child about…

In last week’s Blog titled “How Do You Prove “Parental Alienation”?, we talked about the concept of “parental alienation”.  It’s the phenomenon where one parent – usually consciously –attempts to keep the child away from the other parent, or else orchestrate the deterioration of their relationship. In the context of an acrimonious divorce or separation,…

In a recent Blog, we covered the process of getting an uncontested divorce in Ontario. As that Blog describes, there are many distinct procedural steps that must be strictly followed.  This ensures that your divorce is legal and finalized, so that you and your former spouse can move on with your lives. One of those…

The process of getting a divorce in Canada may be a little confusing, especially since there are a few different routes you can go.  One of those routes is an uncontested divorce, which is available if you and your spouse agree fully on the terms of your separation. Here is a step-by-step guide to navigating…

Introduction  Many older parents in Ontario are choosing to share their wealth with their adult children while still alive, rather than waiting to have the funds distributed as part of their Estate after death.    This way, the parents can financially benefit their children and grandchildren much sooner, and perhaps even experience the effects of their…

It’s common for couples to live together before marriage—but what about after separation? If you’re newly separated, then there may be financial realities, such as rising house costs and job market instability, that are making it impractical for you to move out into separate residences immediately.  Under Canadian law, having an official separation date is…

Divorce can be one of the most challenging experiences in your life. It can lay bare a lot of your emotions, dashed hopes, and deeply-held fears – not to mention your finances.  Financial disclosure is a mandatory step in the Canadian divorce process. Both spouses must provide a full and honest account of their financial…

Divorce is a life-changing event.  It impacts your finances, your family relationships, and your social connections.  It also derails the careful future plans you may have made with – and for – your spouse.   One area that often gets overlooked in a divorce process, is estate planning.  In this Blog, we’ll explore why post-divorce estate…

The divorce process is stressful and emotionally charged. It can make former spouses – who were formerly committed and in love – behave very badly toward each other, and in ways that are out of character.  This can look like one-upmanship, retribution, vindictiveness, or a scorched-earth approach to divorce litigation. It can involve conduct that…

Dividing assets during a divorce process in Ontario can be a complex process for most couples. This is especially true about their matrimonial home:  It’s not only steeped in memories, but usually represents a couple’s most valuable marital asset. This means the decision on what happens to it is not merely emotional, but also important…

Starting a new business is an exciting venture at any time in life. But if you’re in the midst of a divorce, you might be wondering how it might affect things.  Let’s start with a key point:  There’s nothing to prevent you from starting a business now – in fact, Canadian divorce law is structured…

Divorce can be a difficult and emotionally charged process.  For many, it’s made more challenging by the myths and common misconceptions surrounding it. These can lead to stress and confusion. As a Canadian divorce lawyer, I’ve encountered countless clients who’ve been misled about their rights,  or have misunderstood the law. Let’s set the record straight…

If your marriage has irrevocably broken down, you and your spouse will face a pressing and important decision about how to move forward. Two common paths are: 1) separation; and 2) divorce.  Each of these has distinct legal implications under Ontario law.   This blog will briefly explore these concepts – and highlight the important differences…

Divorce is a complex legal process, and it has many emotional repercussions as well.  Every couple has its own unique relationship history; each spouse has unique strengths, needs, and shortcomings that they bring to the negotiating table. When substance abuse is part of the mix, the process of divorce can become significantly more complicated. In…

That’s a question we get asked often at our law firm.  Of course, the answer is not straightforward since, under Canadian law, it depends on a multitude of factors. But if you have this same question on your mind, here are some key points that will go into the answer – though getting the advice…

Few issues in family law can be as emotionally charged and impactful as relocation. If you are a separated or divorced parent, and you need or want to move with your child to a new location, it can deeply affect everyone involved – especially the child him or herself.   Regardless of whether it’s due to…

Navigating Family law issues in Ontario can be daunting, and potentially expensive. The good news is that the Law Society of Ontario, which is the provincial regulator for legal profession, allows lawyers to offer “unbundled” legal services to the public – also known as “limited scope representation”.  This means that as a client, you pay…

Especially if you are unfamiliar with the legal system, the family court process in Ontario can be daunting. If you have a Family Law matter to resolve – whether it involves parenting time, spousal support, or property division – it’s important to understand the key steps. In this post, we’ll guide you through every stage,…

Divorce is one of life’s most challenging transitions, impacting not only you and your spouse but also your family, friends, and even colleagues. The way you announce your divorce can play a significant role in shaping how others perceive and respond to this change. A poorly handled divorce announcement can strain relationships and create unnecessary…

It may seem odd, but in some divorce scenarios, you and your spouse may not agree on the exact date you officially separated from each other. This uncertainty could arise for many reasons. Financial pressures, a poor real estate market, or job losses may have forced you to continue living under the same roof until…

Divorce is a major life event.  It’s a very rule-heavy, document-laden procedure.  As with many other aspects of life, the divorce process has been streamlined and enhanced through the use of technology.  Divorce records are now online – but that doesn’t mean they are freely accessible.   If you’re in Ontario, here are some of the…

So you’ve found yourself a lifelong partner – someone who you think is “The One”.  It looks like happily-ever-after is well within reach for you.  Now what?  Do you get married?  Or do you choose to live together in a common-law relationship?  It’s an important decision. That’s because in Ontario, each of these options comes…

If you are in the midst of a contentious separation or divorce, it’s easy to get embroiled in a heated exchange of text messages with your spouse. All it takes is to pick up your phone, type out a few words, and … the shots are fired.  It’s one way to vent your frustrations, but…

Early inheritances are becoming more routine lately, and are coming up for discussion in families more often. Perhaps your aging parents have earmarked some Estate funds for you, and are thinking about putting them in your hands now, before their inevitable passing. That way, you can enjoy it sooner rather than later.  This kind of…

Under Canadian Family law, there are two categories of romantic relationships that are recognized:  1) Formal marriages, and 2) Common-law unions.   With common-law relationships in particular, there is often a misconception that the two partners – being unmarried – must simply “walk away” from each other, with no string attached.  But this is not quite…

If you’re separated but not divorced, and your spouse suddenly dies, it can add an unexpected layer of complexity to the process of divorce, which is already an emotional and challenging situation. You may wonder how your spouse’s death will affect the division of your marital assets and liabilities, particularly if things weren’t fully settled…

Divorce can be a harrowing and emotionally-charged experience. In many Ontario divorces, the embattled spouses often scheme about ways to gain tactical advantages over each other.  Although there are many strategies for doing this, a common one is also the simplest: Through falsehood.   In your own divorce, you may have learned that your spouse is…

Most married couples will be familiar with a basic principle of Canadian Family Law:  That any assets they acquired during the marriage are subject to an equalization process upon separation and divorce.  In Ontario, that process is governed by the provincial Family Law Act, R.S.O. 1990, c. F.3 (FLA).  But what about property that one…

If you’re going through a separation or divorce, you might be tempted to track your spouse’s phone.  These days, it’s easier than ever; plenty of apps can be installed surreptitiously with a few clicks of an “install” button.  They run unobtrusively in the background, and can reveal all kinds of information, including: Where your spouse…

Under Ontario Family law, the concept of child support is a key part of ensuring a child’s needs are met when his or her parents separate or divorce.  Most parents in this situation will be familiar with the concept of ongoing child support – which is future-facing. However, the concept of “retroactive” child support is…

We get this question in our office all the time: “How much child support will I have to pay for my kid?” Unfortunately, the question defies an easy answer. There are a lot of “moving parts” to the equation.   With this in mind, we’ll first untangle the legal foundation for answering that query, and then…

Are you gearing up for your first meeting with a divorce lawyer? If so, you might have some concerns about what to expect, and how you should prepare.  After all, it’s a crucial initial step that can significantly impact the outcome of your divorce proceedings.  1. What’s the Objective? The initial consultation with your lawyer…

Divorce is a challenging time. It’s filled with emotional and logistical hurdles. One aspect that can easily be overlooked is online security.  In Canada – as in many parts of the world – people increasingly rely on digital communication, and on online services. This means it’s become crucial to protect your personal information at all…

Child support is a crucial aspect of Family Law in Ontario.  If you are one of the parents of a child, it’s a mutual obligation that each of you has, regardless of your marital status.  And it’s a stringent obligation, since the law makes it clear that your child is entitled to benefit from the…

Divorce is hard at the best of times.  A high-conflict divorce is always extra challenging.  But if one of the spouses has been charged with a criminal offence, then the stakes are higher and the complexities, greater.  Here are some points to consider:  Divorce Act Provisions on Family Violence We will assume that the criminal…

For those of you who are parents and are involved in Family Litigation in Ontario, you may have heard about the Office of the Children’s Lawyer (OCL).   This brief blog will touch upon the basics points you need to know about this provincial government entity.   What is the OCL?   The Office of…

At our firm, there is one common question we routinely field from clients and potential clients going through a separation and divorce:  “At what age can my child decide which parent they are going to live with?”  In Canada, there is no defined age.  Neither the federal nor provincial laws address this specifically.   But that…

Many of you might know that under the Ontario Family Law Act (FLA), your matrimonial home has special status once you decide to separate from and divorce your spouse. At that point, your matrimonial home (defined as every property that “was at the time of separation ordinarily occupied by the person and his or her…

According to the latest reports by Statistics Canada, marriage rates have been on the decline in the past few years, while common-law relationships have been on the rise. This ebb and flow in the popularity of each is due to many factors, of course. But at least some of them relate to the differences between…

We get this question at our Firm all the time:  What are the grounds for getting a divorce from my spouse? What do I have to prove, to be eligible? Is there a waiting period? These are all simple questions, and they do have simple answers – but that still doesn’t mean that establishing you…

Whether it’s on Facebook, Instagram, Twitter (now rebranded as “X”), or any other popular platform, most Canadians use social media to interact with others. Usually it’s to share glimpses of their lives through images and short text updates. If you’re going through a divorce and want “dirt” on your spouse, it might have occurred to…

In these tough economic times, many married couples may want to separate – but find they simply can’t afford to. That’s because they may not have the financial means to set up two separate homes, and officially start down the road toward getting a formal divorce from each other. A question we often get asked…

If you are separating or divorcing from your spouse, you’ll know that a key step in the process is to determine how much annual income each of you earns. Accurately setting those income amounts is important, because it factors into the legal determination of how much spousal or child support must be paid, and by…

Has your spouse been unfaithful? Are you considering a divorce? If so, you might be wondering how your spouse’s adultery affects your own legal rights. Here are some of the key points you should know. Adultery is one of the grounds for getting a divorce in Canada. Under the federal Divorce Act, you are only eligible…

One of the most common legal inquiries we get from the clients of our firm is “how long do I have to pay support for my child?” Here are some of the frequently-asked questions on this topic: Q: How long does child support last? A: Usually, until the age of 18. In Ontario, you typically must pay…

Most Ontario parents are already aware that they have a legal obligation to financially support their children until the age of 18 (which is the age of majority in the province). This applies whether the parents are married, never-married, living together common-law, divorced, or separated. But what many parents may not know, is that in…

If you are a high-income earner in the process of divorcing your spouse, you might be wondering about how your support obligations to him or her will be calculated. (This presumes that you and your spouse have not already settled this, through a separation agreement or other domestic contract). There are special principles under Canadian…

Child support ensures children receive financial support from both parents after separation or divorce. Ontario follows the Federal Child Support Guidelines (FCSG) to determine fair and consistent child support amounts. This article by Fine & Associates Law demystifies child support calculations and explains how to request modifications. Related: Online Child Support Calculator Ontario Understanding Child…

In the lives of some members of Canadian society, domestic violence is an unfortunate reality. These days, the more modern term is “Intimate Partner Violence” (IPV) or “Family Violence”, but the concept remains the same: It describes a prevalent form of gender-based violence, usually perpetrated by men against women. If you’re a victim of Family…

Spring brings fresh starts, and for co-parents, it’s a prime time to re-evaluate and refine your child custody arrangements. With warmer weather and potentially more activities on the calendar, clear communication and a well-defined schedule become even more crucial. We offer these practical strategies to help you navigate the season with a cohesive co-parenting plan,…

Divorce proceedings often bring out the worst in couples, with some resorting to deceitful tactics to avoid their financial obligations. A recent case in Ontario sheds light on the severe consequences of such “bad faith” actions, highlighting the importance of honesty and integrity in legal matters. The Case: A Tale of Fraudulent Transfers and Deception…

Divorce, a significant legal step in the lives of many, is governed by strict laws and guidelines. In Canada, the federal Divorce Act outlines the grounds for a legally acceptable divorce, which includes separation for at least one year, adultery, or physical or mental cruelty. However, what happens when couples attempt to subvert these legal…

The holiday season is meant to be a time of joy, togetherness, and making cherished memories with your loved ones. However, navigating co-parenting during the holidays can be challenging for divorced or separated parents. Balancing your children’s needs, expectations, and your own traditions can often lead to stress and conflict. But fear not; with thoughtful…

In the realm of family law, child custody disputes often come with their fair share of complexities and challenges. One significant factor that can heavily influence custody decisions is substance abuse. In this blog post, we’ll delve into a recent case study that sheds light on the impact of substance abuse on child custody arrangements…

Do NOT punish your Spouse The Divorce process can be very emotional. You may be very angry at your spouse. You may want to punish your spouse. Don’t make that mistake! If you make the divorce process more difficult, it will only increase your legal costs and increase your stress. It may make a resolution…

Marriage is not only a union of hearts but also a union of assets, responsibilities, and commitments. This union can be particularly complex for business owners, as it can involve substantial financial interests and assets built over years of hard work. While no one enters into marriage thinking about divorce, it’s prudent for business owners…

Grandparents play an important role in the child’s upbringing. They provide love, comfort, guidance, and companionship to a Child. When parents separate, grandparents access to their grandchildren may be frustrated due to family conflict. No loving grandparent wants to be estranged from their grandchild. We have dealt with a number of cases wherein grandparents cared…

When parents divorce or separate, one of the most crucial considerations is ensuring that their child’s financial needs are met. Child support covers the basic costs of raising a child, including housing, food, and clothing. However, as children grow, additional expenses, such as school-related costs and extracurricular activities, become essential for their development and well-being.…

Facing the reality that your spouse wants a divorce while you do not can be an emotionally overwhelming and confusing experience. It’s a situation that can leave you feeling powerless and uncertain about your future. However, it’s essential to remember that you still have options and can take steps to navigate this challenging situation while…

Co-parenting with a difficult ex-spouse can be one of the most challenging aspects of a divorce. Dealing with hostility, uncooperativeness, and communication barriers can create tension and negatively impact the children involved. However, it is crucial to prioritize the well-being of the children and find effective strategies for successful co-parenting despite the difficulties. In this…

In today’s digital age, social media has become an integral part of our lives, influencing how we connect, communicate, and share information. However, when it comes to divorce cases, the impact of social media can be significant and far-reaching. This blog post aims to explore the role of social media in divorce cases, shedding light…

Going through a divorce can be emotionally and financially challenging, especially when substantial assets are at stake. In this blog post, we will provide valuable advice to individuals who are navigating a high-asset divorce. From identifying and valuing assets to implementing effective strategies, we will guide you in protecting your financial interests during the divorce…

Divorce can be a significant life event that comes with its unique set of challenges. When couples decide to part ways later in life, commonly referred to as “grey divorce,” there are specific considerations that need to be addressed. From managing the emotional impact to planning for financial security, navigating divorce at an older age…

Many divorcing parents expect that their divorce will have an impact on their younger children. However, many people do not realize that there is still a chance of negative impact on the  couple’s adult children too. Read on to find ways to minimize a divorce’s negative effects on adult children. How to help older children…

A guide by Fine & Associates, the Family And Divorce Attorneys of Toronto One tricky part of divorce proceedings that you may have yet to think about is informing others about your divorce. Telling friends and family members about your divorce could be one of the trickiest parts of your divorce yet, but with the…

Child custody agreements address parents’ visitation rights during holidays. Courts know the value in extended child custody with children when school isn’t in session. If your ex is constantly violating your holiday child custody agreement, or you would wish to modify the agreement, now is the time to discuss with an Ontario attorney to see…

Property division is often the most contentious and complicated part of a divorce. Owning foreign assets can further exacerbate the toughness involved in valuing the marital estate and fairly dividing assets due to any of the following: Foreign countries may not enforce Canadian court orders. Foreign assets are subject to the taxes and laws of…

For couples who are starting the divorce process, they may believe that the division of assets and all property is always going to be 50/50. In some cases, this 50/50 division could greatly benefit one spouse but that doesn’t mean that same spouse contributed equal amounts to get the couple to their total assets and…

The breakdown of a relationship is never easy, and if one partner doesn’t want it to happen, it can make things even more difficult to finalize the separation or divorce. There are many reasons for wanting to end a marriage and just as many reasons not to. If your partner has filed for divorce, but…

  One of the most complex parts of going through a divorce is trying to co-parent positively with your ex-spouse. Divorces and separations are emotionally draining, so knowing that you need to make decisions with a person whom you’ve broken up and with whom you may find difficult to be around can be challenging. Here…

Going through a divorce means your romantic relationship with a partner is ending, but if you have children, it is not ending the relationship you have with them. It can be really difficult, emotionally and financially, to go through a divorce but you want to make sure you still get to spend time with your…

When a marriage isn’t working out, and a couple is ready to move on from the relationship, many people automatically assume that divorce is the next step in ending the marriage. There is a law in Ontario that states couples must be legally separated for at least one year before they can file for divorce.…

Going through a divorce is an experience that is going to be different for everyone, so there’s going to be lots of stories that circulate from people’s experiences going through this. From those stories, there may be some myths created that just aren’t true about going through a divorce. Here’s are 5 myths about divorce…

Living together without getting married doesn’t make a relationship any less valid, and those relationships experience the same issues and roadblocks that legally married couples do. Those relationships can also come to an end – even after years together. The process for ending a common-law relationship is not exactly the same as going through a…

Even when things are good, co-parenting can be one of the hardest things parents will ever do. In addition to negotiating child-support payments and parenting arrangements, there are a lot of emotions involved in co-parenting a child. But all of this can become even more challenging when you’re co-parenting a child with special needs. If…

Going through a divorce can be really difficult – emotionally and financially. As you’re going through this time in your life, you probably don’t even know where to start or what to do. It’s not like a divorce is something you do every day. If you are going through a separation or divorce, here is…

Going through a separation or divorce can be very difficult, especially when it comes to working through child support agreements. When you haven’t been through this before you may be wondering exactly what to expect and what your child support is meant for. Here are a few things you need to know about paying child…

Even if you share custody of your children, the holidays can be difficult to navigate as to who gets to spend time with which parent. And now, when you throw the COVID-19 pandemic into the mix, it gets all the more challenging. Since there aren’t two of each holiday, someone is going to have to…

When you’re going through a separation or divorce, it can be extremely emotional and stressful: there may be lots of fighting and turmoil between you and your partner – and even if the break up is amicable, it is going to be a time of uncertainty. Coming to terms with the end of a serious…

Regardless of the custody agreement you had before COVID-19 hit, this new reality everyone is facing can make the schedule to see your children difficult. Divorced parents face unique challenges that almost no one has seen before, so many are learning as they go and trying to make the best of the situation. If you’re…

Co-parenting can be difficult during the summertime when there isn’t a lot of routine or structure. But when it comes to going back to school and establishing routines and new schedules, those who co-parent may find they are facing a whole different set of challenges. For children, going back to school means seeing their friends…

The added stress and anxiety caused by the COVID-19 pandemic has taken its toll on many Canadian marriages, and we have certainly seen an increase in the number of separations and divorces. But separating during a pandemic brings its own challenges. The following are a few things that you should consider if you are going…

Prenuptial agreements or marriage contracts are something that most Canadians are only familiar with because they have seen them used as part of a plot on a television show or movie. And it is no surprise. According to a 2017 Ipsos survey, only about 8% of Canadians have one. In the US, the number is…

Going through a divorce or separation is really difficult for everyone involved. Sometimes the hardest part is splitting up the assets accumulated during the relationship, but there are some things you can’t split evenly. That situation often occurs when a family has a pet, and both sides are attached to the pet, so they want…

While the COVID-19 vaccine has been approved for children over the age of 12, it is still the individual choice of families as to whether or not to have their kids vaccinated. But what happens when divorced or separated parents have different views on the matter? Many co-parenting decisions are made through compromise, but this…

The COVID-19 has put stress on all parents in ways that many could not expect. For parents already dealing with the stress associated with being separated and having to come to agreements with their ex over co-parenting issues, there are some unique challenges. Children may find that their routine is disrupted, and expectations may have…

The COVID-19 pandemic has taken its toll not only on people’s health and businesses, but in many cases, also on their marriages. Over the past year, we have seen a surge in divorce filings. The challenge however is that during the pandemic, the courts have been largely closed other than for emergency hearings. This has…

As vaccines roll out across the province, Ontarians are becoming eligible for the COVID vaccines at younger and younger ages. Currently, the major manufacturers of these vaccines have either undergone or are undergoing studies on their vaccines’ efficacy and safety for children. And many health experts are already forecasting that COVID vaccines for children will…

If you and your partner have finally decided to break off your marriage through a divorce, you need to hire an experienced divorce lawyer to represent you. You can choose the best divorce lawyer for your case based on client reviews and the first free consultation. If you go in prepared, the free consultation with…

Divorce – even if it is mutual and reasonably amicable – can be a stressful and painful process. In fact, some say that going through a divorce is similar to experiencing a death in the family. There is a time of grief and transition. And if you are going into the holiday season after a…

In this transcribed interview at Zoomer Radio AM740 in Toronto, family and divorce lawyer Lorne Fine of Fine & Associates Professional Corporation shares his experience and advice on “grey divorce”, the separation of married couples over 50.  Read the interview below, or listen to the podcast at the top of the page. Podcast on Grey…

In this transcribed interview with Jamie Busson of The Tonic Talk Show, family and divorce lawyer Daniel Dominitz of Fine & Associates Professional Corporation offers advice on spousal support, child support and family law and how the pandemic challenegd the divorce process. Read the interview below, or listen to the podcast at the top of…

Well known and experienced, Toronto-based divorce lawyer,  Lorne J. Fine went live in social media to answer frequently asked questions on family law matters, such as divorce, custody, child and spousal support and property division. What is and how to prepare a separation agreement? What to do if you are afraid to tell your spouse…

The cost of divorce in Ontario depends primarily on the Toronto family lawyers’ charges and whether it is a contested or uncontested divorce. It’s difficult to predict the attorney’s legal fees and court fees because you cannot tell when the divorce will be finalized. Here’s a brief overview of the cost of a family lawyer…

Roses are Red… Our Marriage is Through When a relationship ends, cutting the cord can be the quickest and easiest way to move on. Valentine’s Day – Not Just For Flowers Anymore February 14 is often the most anticipated and dreaded date on the calendar — Valentine’s Day. The final holiday of the winter season,…

The laws around child custody in Ontario surrounding a father’s visitation rights to be with his children are one of the most misunderstood areas of divorce. They’re complex and fraught with emotional baggage and long-term consequences for the father and most importantly – to the children. You know your place is standing with your children.…

You might be in for a rude shock if your credit rating is destroyed as the result of a divorce, but it can happen. It sometimes happens that a court will order one partner in a marriage to keep up with payments to creditors until the divorce decree is finally granted. But if your relationship…

Property Rights and Common Law Marriage in Ontario Common-law standing for couples in Ontario stipulates that the couple must have been living together in a “conjugal relationship” for no less than three years. But that timeline changes to just one year if the couple serves a parental role or is birth parents of a child.…

Parental alienation describes a behaviour in which one parent acts to undermine an otherwise solid parent-child relationship. It consists of turning a child or children against their other parent via manipulation causing a child to reject one parent. What is Parental Alienation in Custody Disputes? Parental alienation is a common negative factor in many custody…

Common law in Ontario means the couple must have been living together in a “conjugal relationship” for at least three years. That duration changes to one year if the couple are the parents of a child. There are some misconceptions about the legal implications of the common law marriage in Ontario. As a legal matter,…

Separation and divorce can be a brutally painful and ongoing source of disruption to your life – and the lives of your children and to the lives of many Canadian families. What does divorce do to a child? The body of research is clear: common reactions to divorce can be limited over the short term…

As it is with all human endeavors, the ways a situation appears to proceed – and how it actually does proceed – can be radically different experiences. The same dichotomy holds true of divorce. There are the things we believe are true, and there are times those assumptions fall flat. When it comes to divorce,…

Divorce may sometimes be complicated by geographic location. Divorces are Possible in Any Canadian Province or Territory When a marriage ends, many years and kilometers may have passed. Sometimes couples find themselves on the other side of the country in a new home. A last road trip together to return to the site of the…

All Children Are Not Equal Under First Family Practices Subsequent marriages may often lead to new siblings. Blended Families: The New Norm A previous marriage or relationship leaves a lasting impression on the future, especially when a child may be involved as a product of the former marriage. Beyond parental duties, there are financial obligations…

Hard earned pension plans may be subject to division during a divorce. Dividing Assets is Tedious Building a life with another person is both rewarding and beneficial. However, when a relationship turns sour, it can also spoil years of combined progress and efforts towards a common goal. Couples frequently fight and argue over assets and…

Spousal Support: A Debt that Cannot be Erased Following a divorce, many debtor spouses find themselves pinching pennies to make support payments. When Divorce Costs as Much as the Marriage Ceremony Divorce is expensive. It can often leave long-lasting financial problems for one or both parties. After a court grants a divorce and dissolves the…

We live in a world that has been transformed by advances in electronics within living memory. In many ways, we are still adjusting to the differences that social media sites and text messaging have made to the way we socialize and communicate. Although these changes may feel so new that it’s hard to believe that…

What’s Mine is Yours… Or, Is It? Dividing up gifts during divorce proceedings is not always an easy task. Amicable Settlements are Best for Both Parties Divorce is much more than a simple break up. After years of living together and building one life from two, splitting up can come down to splitting hairs over…

Legal Orders Close Gaps in Parenting and Protect Children’s Rights In most custody instances, parents have a legal right to spend quality time nurturing their child. A Parent’s Right is a Child’s Right After a separation or divorce where children are involved, custody and visitation typically play an important role in legal proceedings. There are…

Children Benefit When Parents Learn to Cooperate When parents split, successful shared parenting skills teach children that they do not have to choose sides. Post-Divorce Parenting Presents Obstacles for Moms and Dads Parenting in the modern era presents a wide-range of challenges. For divorced or separated parents, the complications increase ten-fold and parenting can be…

The basic guidelines for dissolution of marriage are subject to the Divorce Act. Additionally, Canada’s Constitution mandates that the federal and provincial governments establish jurisdiction over family law. This creates a complex tangle of laws that make it confusing to ascertain your specific rights and obligations when seeking or responding to a divorce. Divorce Law…

The average Canadian receives just under $100,000 from inheritances. That’s a good chunk of money that can go towards renovating the marital home or paying off debts. Depending on how the inheritance was used during the marriage, couples may disagree on how the asset should be divided during the divorce. Those who inherited money or…

Not All Couples Live Happily Ever After Despite the best of intentions, not all couples live happily ever after.  When couples drift apart, they often think they have two options: stay married and stay miserable; or divorce.   In fact, couples have a third option – a legal separation.   Couples can remain legally married for an…

Divorce is frequently difficult and costly. When it comes time to split, couples often argue over blame, assets, and hurt feelings. If the decision is painful for the adults, imagine how children may struggle with the news that mom and dad are getting a divorce. Many parents don’t know when to broach the subject with…

Unfortunately, not all marriages have a happy ending. Divorces are not uncommon in Canada, and are granted to couples that have separated for over a year. There are two types of divorces: contested and uncontested. About 80% of divorces are uncontested; however, if the marriage didn’t end on happy terms, a partner can lengthen and…

Of the many consequences of divorce, the changes to the family’s financial affairs can create tension in an already strained situation. The costs associated with operating separate households—often on reduced income—could result in the children experiencing certain hardships. It is key for parents to remember, under Canadian Family Law, they are both legally responsible for…

Divorce cases can be horrible, especially if both parents want full custody of their children. When children are involved, their rights and best interests must be considered in addition to the rights of each divorcing spouse. While the law may favour the mother when the child is very young, more fathers are being granted full…

While divorce can be a difficult process, couples who have children need to put a priority on their children’s best interests. Under Ontario’s Family Law, parents are required to provide care for their children regardless of marital status. So when a marriage breaks down, parents must make important decisions about custody, access, and support for…

It’s a fearsome situation when you find yourself facing violence directed at you – or your children. You’ll need to know how to proceed and where to go for help to protect yourself and your family. What is the Purpose of a Restraining Order? A restraining order protects you and/or your family members from other…

Did you know that trying to get your child to hate your ex will cause them to hate you? As the parent, you can have a big influence on how your child custody agreement will affect your children. You can help set the tone for how your children should interact with your ex. Like a…

You might have said, “’Til death do us part” at the altar, but if you’re in your 50s or beyond and contemplating divorce, you’re not alone. Read on to learn more about the increasing divorce rate among seniors, as well as the emotional and financial effects of divorce. Why Is Divorce Among Seniors More Common?…

Every part of your relationship with this man has been a struggle… so why should this be any different? You know he’s the father of your baby, but he’s refusing a paternity test, and any of the parental obligations that would go with a positive result. Is there a set of legal paternity test guidelines?…

Pregnancy is supposed to be a joyful time. You and your partner are bringing new life into this world. But what if instead of painting your baby’s room and picking out names, you’re moving out and selecting a divorce lawyer? It’s an awful situation that creates stress and anxiety. What do you do and what…

If you’re a divorced parent, one of the biggest issues you and your ex fight about most is probably raising your children. And if you’re the custodial parent, your ex might give you a hard time about being involved in your kid’s life. While it may seem only an annoyance, this situation can actually be…

You can’t bear to think about starting over without the help of your furry best friend. During this divorce, you’re going to need everything they’ve got. Their unflappable loyalty, their silent understanding, and their unlimited affection. But should pets be treated like kids under Canada visitation rights law? You feel like your ex-spouse is going…

Can your ex-spouse’s constantly missing support payments cost them their joint custody visitation rights? A lot of people wish this was the case. But in Canada, you can’t withhold child access for missed child support payments, nor can you refuse to pay child support because the other parent will not let you see your children.…

Did you know that divorced men are 39 percent more likely to commit suicide and engage in risky behaviour than married men? This startling fact is not talked about enough. divorced men are 39 percent more likely to commit suicide and engage in risky behaviour than married men? This startling fact is not talked about…

After a lot of soul-searching, you’ve made the very tough decision to divorce. Now you need to find a lawyer, which means going through divorce consultations. But what does that entail and what is covered in a consult? A divorce consultation is all about you. This is your chance to ask questions and expect to…

You planned the perfect proposal, and the love of your life said yes. You’re elated – you can’t wait to spend the rest of your life together. That is, until your best friend says, “Have you considered a prenup?” Now, you’re confused and wondering if this legal document is a prerequisite to marriage. Read on…

Imagine this: you and your fiancee have just sat down over coffee (or something stronger, depending on how the process is going) to work on wedding planning. Between discussing the merits of deejays versus live bands, she blurts out, “I want a prenup.” The conversation comes to a halt. There are so many preconceptions about…

You live in a great home, in a neighbourhood you love. The only problem is that one neighbour. His or her behaviour goes beyond just being a jerk – this person has threatened you and/or your family members repeatedly. You’re becoming afraid for yourself and/or your family as well as your property. What can you…

To annul or to divorce – that is the question. What’s the difference between the two, and which process is faster? Annulment vs. Divorce The short answer is: the divorce process is faster. While both processes exist to terminate an existing marriage, divorce ends a marriage at the date of the judgment, where annulment legally…

Does the thought of a do-it-yourself divorce give you a headache? It should. There are countless issues that must be negotiated and resolved. Matters such as new living arrangements, the division of money and property, and child custody and support are just a few of the most complex and divisive points. For such a complicated…

Which option is more expensive? Alimony or child support? If you are asking yourself these questions, we salute you for analyzing your options before making a decision. Read on to learn more information regarding both options, so you are able to offer an informed opinion that will hopefully benefit all parties. Alimony (Spousal Support) There are…

When it comes to fathers’ rights, there are many myths circulating, and they’re generally quite harmful. There are a number of misapprehensions regarding unmarried fathers, too. Many of them don’t understand their rights under Ontario’s laws. Read on to get the facts on unmarried fathers’ rights in Ontario. Myth: You Have No Right to Custody…

Did you know your ex opening a new bank account during the divorce could cost you thousands of dollars in support?  With emotions running high and the inevitability of hurt feelings, it is easy to turn a blind eye to the finances. For many, it is inconceivable that the one they once loved and trusted…

If you’ve never visited a divorce lawyer’s office before, you might feel intimidated and nervous. You’ve probably heard lots of stories about divorce attorneys, none of them good. However, going to a divorce lawyer for the first time doesn’t have to be an awful experience if you’re prepared. And remember, the lawyer is there to…

After years of hard work, your company is laying you off. You’re upset and frustrated, but at least you’ll be getting severance pay. What if you’re going through a divorce around the same time – does your ex get to keep any part of your Ontario severance package? Read on to learn about laws in…

For many parents (mothers and fathers), paying child support is a fact of life. They understand that they were responsible for contributing 50% of a child’s DNA, so they must also provide the basics of life for their offspring, even if they’re not married to the child’s mother or father. Sadly, there are some parents…

“If I have been separated for a long time, am I automatically divorced in Canada?” Some spouses are confused about the difference between separation and divorce, believing one to be similar to the other, and that they’ll simply be automatically divorced after a long separation. This incorrect assumption can lead to serious complications, especially for…

At first, the terms that were agreed upon for your divorce had been sufficient to cover your situation. However, as time passes, certain aspects of your agreement can become inadequate. In some cases, you may need to challenge the settlement by presenting evidence or data that would change the mind of the court. Certain parts of…

While it’s rare for a divorce to take place without any sort of acrimony, some people end up getting stuck in a situation where a partner refuses to participate in the legal dissolution of the marriage. Regardless of why only one partner might want a divorce, this lack of cooperation makes divorce more complicated and…

They say love conquers all… until it comes to divorce proceedings and the distribution of property. Then, all bets are off. Things can become especially heated when the soon-to-be exes discuss what happens to their home. Tempers can rise and you might find yourself saying things you’ll later regret. All that can be avoided, though.…

Divorce can destroy a family. The relationship between children and parents, especially between fathers and their kids, can suffer enormously. In many cases, children wind up living with their mothers, and their fathers sometimes have to go to court to see them more frequently. Dads have legal rights too, though. Read on to learn what…

Divorce breaks a family apart, but it’s even worse when your ex-spouse interferes with your rights to visit or access your children. It’s a frustrating, heartbreaking situation, especially because you might not know what your rights are, and you aren’t sure if your spouse is violating the law. Read on to learn how you can…

Are you worried your soon-to-be-ex is unfit to take care of your child with special needs? You may even be considering talking to a divorce lawyer about sole custody. Divorce is always heart-wrenching for parents, but it can be even more so when children with special needs are involved. They might not understand what’s going…

As divorce lawyers, we’re often asked about criminal records and child custody. People are worried their past mistake(s) will cost them access to their child. Or they’re worried their ex-spouse is dangerous, and want the family courts to consider all past convictions for drugs, violence, or other charges. Everyone makes mistakes, but some errors can have a long-lasting…

While some may cringe at the term “conscious uncoupling” used by star divorce couple Gwyneth Paltrow and Chris Martin, the idea of collaboration during a divorce can be valuable to a couple that’s ready to battle in court. Divorce is rarely a pleasant experience for either side of the marriage, but the damage that a…

Are you afraid that your partner or former partner will hurt you or your children? If so, you can request the court to make a restraining order. A restraining order is a document issued by the court which instructs an individual to stay away from another person. The Family Law Act allows you to get…

Canadian families who have dealt with divorce often experience additional complications with shared custody. In addition to scheduling visits and distributing parental duties, divorced couples have to determine the numbers in terms of child benefits and child support. New programs implemented for families by the government usually results in some sort of change to the…

You can’t bear to lose your kid. They are the best thing to come out of your former partnership. But you don’t know how to fight to keep them in your life. Luckily, while the risk that you might not get custody is real, Ontario custody law doesn’t allow your ex-spouse to simply take away…

In Ontario, one of the most complex parts of a divorce involves the division of property. Equalization payments are designed to allow spouses to keep their personal property and split joint financial assets evenly. While this may seem like a simple fifty-fifty proposition, family law equalization calculations, when not performed properly and legally, can leave…

There’s no arguing that the majority of divorces are unhappy events. Rare is the divorce that’s completely mutual and pain-free. Due to the traumatic nature of the dissolution of marriage, it’s always advisable to try to salvage your relationship if you’re not experiencing emotional or physical abuse from your partner. However, when divorce is the option that…

Divorce law in Canada and the United States is similar in terms of the dissolution of marriage and the division of wealth and child custody. How the law is enforced, however, differs greatly. Canada has a federal divorce act while the United States leaves the specifics up to each individual state. Canadian provinces can make only…

Staying together for the sake of the kids is a noble idea. Divorce is never a pleasant situation, and your kids will have to deal with the dissolution of your marriage in spite of your best efforts to shield them from it. Depending on the circumstances, it may indeed be a good idea to remain…

Prenups can be difficult to negotiate. When you’re about to get married, you want to be thinking about all the good times you’ll have, not the potential for the relationship to end. But a prenup isn’t a forecast of failure; rather, it is a sensible precaution that sets out how assets and support will be…

Many people turn to online spousal support calculators, in hopes of making sense of their situation. The anxiety of not knowing what support they can hope for will lead them to try anything. But you can’t trust an online calculator to give you the whole picture. These tools are not complex enough to be able to…

While you don’t need to hire a lawyer for child support, having an expert ally when facing this difficult legal scenario ensures that you cover all the angles. Ontario’s family law system considers both parents responsible for raising and supporting a child. Often, disputes arise because of tension between partners, although there are unfortunate cases…

Parenting after divorce can be one of the most difficult aspects of splitting from your spouse. Depending on the circumstances, co-parenting may force you to deal with complications that place obstacles between children and parents. In other cases, when couples divorce, one or both partners may end up becoming better parents because they no longer…

Whether the answer to this question is “yes” or “no” depends on the role you expect your divorce lawyer to take in the pursuit of child support. While a divorce lawyer cannot be the one to directly make your ex pay child support, they can be instrumental in establishing required payments. What can a divorce…

Whether they’re good or bad, our experiences can teach us a lot. Luckily, we don’t have to have already gone through something to learn from it. Other people’s advice and discoveries are often available to us, even more so now that we have the internet and can reach out to each other across the globe.…

It’s likely that they are. To understand how, let’s look at some of the facts around common-law relationships. How common is common law? According to the CBC, as of the 2011 census, 11% of Canadian women were living with a common-law partner. And people of all ages are changing the way they approach relationships. Historica…

While both these issues are serious and can impact both your psychological and physical health, the distress caused by a bad marriage is ultimately worse. A job is important in terms of our social status and finances; marriage affects these areas and our overall sense of emotional security. Emotional and Physical Harm A bad job…

Do you know what’s likely to cost you BIG in a divorce? While big assets like your home or cottage are obvious focus points for discussion, and lawyer’s fees and child support could be big costs, the small stuff can add up—especially when the situation becomes emotional. Here are a few seemingly small arguments that…

Divorce isn’t just about the end of a relationship; it also represents a new start for you. Leaving an unhealthy relationship opens up new possibilities. Here are some ways to make the most of this time: 1. Adjust your attitude toward yourself While WebMD admits that this “may sound cheesy and New Age-y” learning “to…

Are you facing your first post-divorce Christmas? While it may seem like your split has taken the joy out of the holidays, this doesn’t have to be the case. You may find that this new arrangement highlights what’s most important about Christmas. Why This Might Be Your Best Christmas 1. A more relaxed holiday season…

Are you a father who has just been ordered to pay child support? You’re in an unfamiliar and confusing situation. It can also be a frustrating state of affairs if you believe you are paying more than you should, or if your ex-spouse isn’t spending the money according to the agreement. Read on to learn…

Are you considering a trial separation because you believe that you and your spouse need some time apart? Do you think it might make your marriage stronger in the end? Read on to learn more about the research regarding trial separations and their effectiveness. The Cold, Hard Numbers Researchers focusing on relationships have studied how…

It’s no surprise that talking to kids about divorce is hard. You have to manage your own emotions, anticipate theirs, and try to reassure them that you’ll both still be there for them (or, in some cases, face the reality that one of you may not be willing to take on full responsibility). To help…

If you’re a parent going through a divorce, you’re already aware of how your kids can be a source of contention. The situation can be even worse if you haven’t signed a custody agreement yet. However, this doesn’t have to lead to arguments. Read on to learn how to divide time with your children before…

If you’re going through a divorce and are worried about never being able to see your beloved pet again, you’re not alone. For many people, pets are like children to them. The thought of losing “custody” of Fido or Fluffy keeps them awake at night. Read on to learn how Ontario courts determine who gets…

How many times in your marriage have you told a white lie? These harmless untruths don’t have any consequences, or so we think. We engage in white lies to protect our spouses’ feelings. However, white lies are actually quite destructive – if the other partner finds out about the deceit, the marriage could be over.…

Are you about to go through a divorce and are worried you’re going to lose your life savings? It’s a common fear. Who hasn’t heard stories about how their friend lost everything to his ex-wife during their divorce? No one wants to go through that. But, who wants to be stuck in a loveless marriage?…

How many people do you know getting divorced in their late 50s? The chances are that there are quite a few people. The stereotype of people in their 50s leading quieter, slower lives has been shattered by this phenomenon. Read on to learn why common life changes are causing people in their 50s to reassess…

Once upon a time, January was informally known as “divorce month.” Even though marital strife and divorce can happen at any time of the year, the majority of filings usually seemed to come in with the new year. But change is in the air. A recent study by Findlaw.com recently reported that divorce filings are…

Are some of your fondest memories from the summers you spent at your family’s cottage? If you’re going through a divorce, you might be worried you’ll lose access to it forever. Read on to learn about how Ontario’s divorce laws treat cottages and recreational properties and what that means to you. The Matrimonial Home Ontario…

A divorce can be many things. Painful, messy, long. People talk about the downsides, the loss of stability, the costs, trying to divide everything between spouses, but there are upsides to divorce that are rarely discussed. You’re more confident in relationships Lori Bizzoco believes that: “After divorce, you’re more confident about the type of partner…

There’s a classic commercial that aired in the 1990s about the back-to-school season. A father dances through an office supplies store to the tune of “It’s the Most Wonderful Time of the Year” while his children trudge behind him glumly. Many parents believe that when their children go back to school, their lives will be…

In Canada, an estimated 5% of military personnel are divorced or separated. A normal divorce can be a difficult thing for most people to deal with. A military divorce can be substantially harder to deal with. Child Custody In most divorce cases, the main point of contention is children and custody. For those serving the…

[qzzr quiz=”110819″ width=”100%” height=”auto” redirect=”true” offset=”0″]

For divorced couples, time spent with their children can be fleeting, usually following rigid times set by the courts. This can be made substantially worse if the parent with custody elects to move out of the province, either for work or through a desire for a fresh start. If your ex-spouse is planning on moving…

Divorce is stressful regardless of your particular situation, and the legal requirements of divorce can be confusing. However, keeping up with the paperwork can save you a lot of headaches and heartache. Here are the top three reasons you need to let CRA know that you’re getting divorced: 1. You’re required to Divorce is difficult…

Divorce can sometimes feel like a step back, especially if you have to move back in with your parents; however, you can use this as an opportunity to strengthen the significant relationships that remain in your life as you reorient yourself. Here are some tips for how to manage your new situation to make things…

Ashley Madison has become the household name for unfaithfulness, with the site proudly proclaiming that it is “the most famous name in infidelity and married dating.” And as you may have heard, is the cause of some recent divorces. So it is understandable to be concerned if you find out that your spouse has a…

The division of property during a divorce is a complex issue. While you’re potentially worried about where you are going to live, property used primarily for recreation like your cottage is also going to be important to your future happiness. Here are some tips for protecting your cottage when you’re in the process of getting…

While divorce is largely about dividing assets, the post-divorce period often involves some continued contact, particularly in the management of any remaining shared property or social connections. These aspects come together when resolving how to handle continued shared space like a cottage. Here are a few ways to make sharing your cottage easier on you…

One of the many tasks that you have to take care of when getting a divorce involves dividing all the property that the both of you have accumulated over the period of your marriage. There are various rules and regulations that make up the law regarding property division, most of which involve the recognition that…

One of the few constants of life is change. As you and your partner grow old together, the person that you married all those years ago has become someone different – something that happens to everybody as time passes. One of the biggest changes that a married couple experiences is when they’ve successfully raised their…

Having cold feed is only natural for anyone tying the knot. Getting married is one of – if not – the biggest – life altering experience you’ll go through. Now it’s not just you waking up in the morning, you’ll have your significant other right next to you. And if you have kids, you may…

Divorce is never a pleasant experience, regardless of how old you are when you face the possibility that your marriage might not be working. Typically speaking, the longer you stay married the more likely you are to stay married. However, recent trends have shown a marked increase in divorce among people who are 50 years…

Maintaining an excellent marriage requires a lot of time and effort in order to make sure that both parties are happy and fulfilled with their nuptial life. When issues rear their head during a marriage, both parties must commit to a lot of work in order to heal the rift created by the problem. The…

One of the most devastating consequences of divorce is the financial impact it has on your ability to take care of your children. Child support law in Canada is set up to ensure that kids, who already suffer negative effects from the end of their parents’ marriage, receive financial support from the husband, especially when…

QUESTION – If I own a small interest in a property or business on the date of separation, do I get any discount from the value of my property when it is valued? ANSWER How the courts determine whether to allow a discount for a minority interest, or marketability restrictions, or both, and how much…

No matter what the situation in your marriage is, divorce is always a scary word.  Countless relationships outlast their expiration date due to fear – fear of being alone, fear of disappointing you family, fear of hurting your children. Fear should never be a reason to stay in a relationship that is no longer serving you…

Differences in habits can cause problems for couples, and even lead to divorce. While most people don’t want a partner exactly like them, having some similarities helps create harmony; conversely, some lifestyle choices can destroy a relationship when both partners don’t see eye-to-eye. When the members of a couple have different drinking habits, issues can…

Honestly, there’s really no reason to get involved in any kind of confrontation with your ex at your child’s graduation. Regardless of how bad the situation may seem, it’s not the place to argue. Doing so will only upset your child and everyone else in attendance. It’s your responsibility to be an adult and set an…

Kids and divorce rarely make up a pleasant combination. As you might guess, everyone reacts to the situation differently. What these children think, at the time of the divorce, typically helps to shape them into the adults they eventually become. Read further to learn more about some of the things that kids REALLY think about their…

When you’re a divorced parent with a child, it seems as though everything becomes more complicated. Weekend plans are no longer simple and straightforward – you need to coordinate with your ex. Things can become even more problematic if you suddenly need to travel outside of Canada, and you need to take your kids with…

Being a divorced parent can be difficult. You can’t control what happens at your ex-spouse’s home when the kids visit him or her. The situation becomes even more challenging when your ex-spouse announces he or she is moving. Your ex-spouse’s move can change your current custody arrangement. Read on to learn more about what this means…

Divorce is a time when emotions run high. This is especially true when children are involved in a relationship. Sometimes, their parents treat them as pawns rather than human beings. Child custody battles can erupt, which can be painful for everyone involved. However, that situation doesn’t have to take place. Read on to learn about…

The word “divorce” brings a number of unpleasant images to mind: people crying, court rooms with lawyers and screaming former spouses. However, it doesn’t have to be that way. Divorce mediation is a process that can help couples handle their separation in a calm and rational manner. What is Mediation? Mediation is what’s known as a cooperative…

Divorce represents the dissolution of a marriage. For children, especially if they are young, it can seem as though their world is ending. Children do understand that when their parents fight, they’re unhappy. They might not understand the deeper issues at play, and the announcement of divorce can still come as a shock. Children can respond with…

Going through a divorce is an emotionally painful and stressful time. It can be even worse if there are children involved. The Canadian Paediatric Society has come up with some tips to help children whose parents are going through a separation or a divorce. Read on to learn the best steps to take for your child right now.…

When a marriage ends, it’s hard on both the partners. Your dreams of spending the rest of your lives together have disappeared. Divorce can be especially difficult for children. Younger children and teens might not understand what’s happening. Their world has changed drastically, and they’re not sure how to proceed. Your children will be taking their…

If a person has an interest in a Trust does it form part of their NFP? To recap, 1n 1994, John White did an estate freeze. The result of the freeze was that he held $300,001 Class A preferred shares, with a fixed value of $1.00 each, in John White Family Holdings Ltd., and the John and…

Does a payor have an obligation to retain an expert to determine his income for support purposes? There is little case law on expert determination of income. There is more case law on whether a spouse is required to obtain an expert valuation of property. That case law can be applied by analogy. The onus…

Are you entitled to an unequal division of net family properties because of the short duration of a marriage? The parties began living together in their jointly owned home in October, 2011; married in June, 2012; and separated in August, 2014. They were married for 25 or 26 months and cohabited for a total of about 34 months. Section…

Can a temporary Order be varied prior to trial (if not change in circumstances)? Your client had a lawyer and agreed to “set off” support, when the Wife should be paying support to him. Varying a temporary order prior to trial with no change in circumstances I don’t see any real possibility of varying Justice…

If a person makes a greater contribution to the purchase of a Matrimonial Home, does this mean they are entitled to a greater interest in the home?  In the summer of 2011, the parties each sold their respective homes. In October, 2011, they purchased a home and began residing together in it. This home became…

Is a person entitled to credit for overpayment of past spousal support and to termination of spousal support when the property issues between the parties have been determined? (1) Should the entire date-of-separation value of White Holdings (“the Corporation”), a corporation of which your client, Mr. White, holds the preferred shares, be included in your client’s NFP;…

If a person owns preferred shares in a holding company, which owns a trust, does the entire value of the Trust form part of that person’s NFP? (1) Should the entire date-of-separation value of White Holdings (“the Corporation”), a corporation of which your client, Mr. White, holds the preferred shares, be included in your client’s…

If a spouse receives a large equalization payment is she still entitled to spousal support? You informed me that your client is a stock trader who left his employment during the marriage to manage his own stocks. The value of his stocks exceeds $10 million. The stocks are the sole source of his income, by…

What is the meaning of a “temporary without prejudice” Order? Temporary order An interim order (“temporary” order in the language of the Family Law Rules) was described by Zuber J.A. in Sypher v. Sypher, 1986 CarswellOnt 282, [1986] O.J. No. 536, 2 R.F.L. (3d) 413, dismissing an appeal from an interim spousal support order: At…

I believe that I am not being treated fairly by an Arbitrator.  Can I get him/her removed? Relevant Statutes Under Arbitration Act, S.O. 1991 s.6  No court shall intervene in matters governed by this Act, except for the following purposes, in accordance with this Act: To assist the conducting of arbitrations. To ensure that arbitrations…

How do you determine overnight access for a non-custodial parent to a minor or a baby?  In Sheppard v. Sheppard, the Newfoundland court considered an application for overnight access for a breastfeeding young child.  The Court noted the following governing considerations at paragraphs 10-11: My duty at this juncture is to determine what is in…

Does a monetary deposit with a promise to transfer a property in the future, confirmed by a Promissory Note, constitute an interest in the property under the Family Law Act? This is indeed an unusual situation in that there are a number of ways that the issue can be approached.  Frankly, I do not see any…

Divorcing fathers always wonder whether they will be able to keep up a good relationship with their children going forward. While it’s still rare for a father to gain sole custody of his children unless the mother is proven unfit, the courts have come to see the importance of both parents’ presence in their children’s…

Your marriage isn’t working anymore, and you’ve finally worked up the courage to do something about it. You’d like nothing better than to punish your ex for breaking your heart, wasting your time and turning your life upside down. But overwhelming research suggests that children who are used as pawns during separation and divorce can…

You’re standing in front of a judge, a sheaf of papers in your hand. At the table behind you is your soon-to-be-ex and her family lawyer. You open your mouth to speak. What could possibly go wrong? According to Jennifer Brandt, family lawyer with the firm of Cozen O’Connor, just about anything. The clients she…

You knew it was good for showing you how to get wine out of the carpet, but don’t kid yourself: YouTube can also be an unexpected resource when you’re going through a troublesome divorce. The popular video streaming site has innumerable videos to aid you in moving past the trauma, grief and uncertainty of separation.…

Simple math dictates that two households cost more to run than one. Expecting to maintain your current standard of living based solely on Child support and Spousal support payments will prove to be difficult, because the court knows your ex now also has a household to maintain. Of course, anything can happen in the future…

Social media has changed every aspect of our lives. We can connect with old friends and distant relatives. Thanks to the recent ruling of a Manhattan Supreme Court judge, social media can now be a way to serve legal documents. His ruling may usher in a new era in family law. The Background  In 2009,…

Are you aware of the signs of an abusive relationship? The most telling piece of evidence is that you’re afraid of your husband. He uses fear to control you and those in your family. You don’t have to live in fear of your husband any longer. If you’re a survivor of domestic abuse, you have options…

Divorce makes children face the fearful prospect that their mom and dad aren’t happy anymore. Even when love is lavished on the children, they feel anxiety around the breakup and resulting changes.  Older kids bear the burden of increased understanding, while remaining helpless to change the situation. What research has shown is that the effects…

Going through a divorce is a stressful and emotionally overwhelming time. Both parties can get caught up in name-calling or verbal attacks. However, amidst all the turbulent emotions, mothers going through a divorce need to keep certain things in mind. One of those things is their right to spousal support. Canadian Laws on Spousal Support Until…

Have you ever heard the saying, “Ignorance is bliss”? That doesn’t hold true when it comes to a prenuptial agreements. You want to know as much as possible. A prenuptial agreement is a contract between a couple. In this contract, they outline what will happen to jointly held assets in the event of a divorce. There…

Going through a divorce is an emotionally painful and scary time, especially when kids are involved. You’re most likely on the receiving end of a great deal of advice from well-intentioned family members, friends, and colleagues. One of the tips will almost definitely be about visitation rights, especially for fathers. There are big myths that…

You’ve been through it all: the looks of shock, the sympathetic stares, the denial (“But you two were always so happy!”). As soon as you announced your breakup and hired a Toronto divorce lawyer, it seemed like open season for people to let you know what they thought of your marriage in the first place, and…

Anyone who has even a passing familiarity with Canadian law knows that technically, you don’t need a lawyer for virtually anything; you can go ‘pro se’, or represent yourself, in most legal matters. But as anyone who has ever been in a courtroom for family matters knows, that doesn’t generally go very well. This is…

The stigma of divorce on children has decreased in direct proportion to the increase in divorce rates over the last fifty years. No longer are they taunted as products of ‘broken homes.’ In some places, they are the majority. Yet we know that divorce remains a traumatic event in the lives of children. Research suggests…

The Matrimonial Home is, in many cases, the separating parties most valuable asset.  The parties wish to obtain their equity from the house and move on with their lives.    How does this work?   Either the parties agree to list the house for sale or one party can purchase the other party’s interest the…

If you are the one who wants a divorce, you may feel calm, in control, and sure of your decision. Going through a divorce is different from what you experienced breaking up with past romantic partners. A divorce formally ends your marriage. It can be a complicated, lengthy and a harrowing procedure. There will be…

You love your children, and would do anything for them. After the divorce, you paid not only the minimum support according to the separation agreement, but also for a lot of extras, knowing that kids grow up so fast…and when they do, they’ll be responsible for making their own way in the world. Or will…

After the first ten years of marriage, you felt that you’d made it – gotten through all there was to get through with your spouse. After twenty years of building a life together, you probably noticed how special your relationship was in terms of longevity alone. But at 30 years of marriage, you’re considering getting…

Talking to children about your divorce may seem so painful that you begin to question whether it’s even necessary to have such a difficult conversation. Yet you know the time will come when something must be said. The question is what to say, and how to say it. Here is what to keep in mind…

Getting divorced after years of marriage is hard on you emotionally, mentally, and let’s face it, financially. Everything you accumulated together as a couple during your married life must now be catalogued, valuated and divided. It’s hard to put a price tag on assets that have so much sentimental value, such as the family home and…

Your relationship with your spouse may have failed, but you are both determined to handle it like adults. After the separation and the dealings with your divorce lawyer, you want the children to have the exact same feelings of safety and well-being around mum and dad that they do now. The unfortunate fact is, no…

Cheating of some kind (sexual, emotional, facebook) is common in relationships. Even if the person who has been cheated on saw it coming, knows the relationship is troubled, or has suspected infidelity in the past, there is still no way to emotionally prepare for the fact that your partner has, in whatever way, chosen someone else…

According to a 2011 General Social Survey on Families, around five million Canadians either divorced or separated sometime within the last 20 years. Clinical counselor Bill Wagg said: “We are the first and second generation to have such a high divorce rate. In the last 10 years, there’s been a real effort to have children spend equal time with…

This article was written by Teresa Virani, Co-Founder of coparently – a scheduling and communication tool for divorced and separated parents to organize & manage shared parenting. Divorce is difficult for children of all ages. It’s a sad, confusing time for kids and causes a lot of stress, hurt and anger. Why are you splitting…

Under the federal statute, divorce is granted in Canada on one ground; marriage breakdown. You can prove marriage breakdown in court if you and your spouse have been separated for a year or if there have been cases of adultery or cruelty. It is difficult to get a divorce based on adultery because your spouse…

There is ample case law confirming that the beneficiary of a trust has a property interest for FLA purposes. Black v. Black, [1988] O.J. No. 1975, 18 R.F.L. (3d) 303 (H.C.J.); Brinkos v. Brinkos, [1989] O.J. No. 1140, 20 R.F.L. (3d) 445; and many others. I have never seen a case where a non-beneficiary of…

In Canada, the federal government handles marriage and divorce and is legislated under the Divorce Act. It also has jurisdiction over custodial and access matters, and spousal and child support during and after divorce. Many people going through divorce are unsure and worry about the whole process. Whether you are having trouble with child custody,…

Family law is important to most Canadians as it regulates relationship between spouses, parents and their children. According to the Canadian family law, marriage and divorce are governed by federal jurisdiction. Other issues including adoption, division of matrimonial property and child support fall under provincial laws which vary across different jurisdictions. The average cost of…

Finding the right divorce and annulment lawyers in Toronto is of the utmost importance, not just for your wallet, but also for your family’s future and your own sanity. With that in mind, we’re going to talk you through some of the traits and things you can expect from a good lawyer, along with some…

Under the federal Divorce Act, divorce is granted if the marriage has broken down. A marriage is said to have broken down if the spouses have lived separately for a year or more, if adultery has occurred or there is evidence of mental or physical cruelty. Keep in mind when filing for divorce in Ontario,…

Most affairs begin when a spouse starts to have a connection with someone else. Infidelity causes emotional and financial difficulties; this is especially so when a spouse showers the third party with lavish gifts. If you are suspicious that your spouse has an extra marital affair, you may be wondering what the signs of infidelity…

You have a deep feeling that something is not right but you cannot point at something specific. Your husband has become distant and you have reasons to suspect he is cheating. Although you may have suspicions, having proof could help. Suspicions of infidelity cause insecurity, fear, anger anxiety and even depression. Here are warning signs…

Having a cheating spouse is a concern that haunts many couples in marriage. Just the thought of your husband or wife kissing another person makes you cringe. Some will overlook obvious signs of a cheating spouse only to be surprised later with divorce papers dumped in their laps and sitting in front of a family…

Making the decision to file for divorce or being served with divorce papers is a frightening and confusing event in any person’s life. Amid the worry and confusion, hiring a divorce lawyer could make the divorce process much easier. However, you have to choose the right divorce lawyer because within family law, there are several…

Most spouses are often aware through intuition that something is not right with their relationship. Before you decide to investigate, spend some time thinking what step you’ll take if your worst suspicions are eventually confirmed. If your spouse has committed adultery and you no longer want to stay, you can file for divorce with our…

Whether it’s by choice or the result of an ugly divorce, single motherhood comes with its own sets of joy and challenges. Single mothers are tasked with managing their homes and bringing up their children all alone. Despite these challenges, you can still keep it together and become a successful single mother. So, what are…

Break ups are hard, but losing the friendship of your ex-boyfriend or ex-girlfriend is what makes it so difficult. The reason behind the break up determines whether you will remain friends with your ex or not. It’s easier to continue being friends with your ex if you had a solid friendship before you started dating.…

Research has proven that couples in a second marriage are less likely to divorce because they benefit from the experiences they had with the first marriage. Couples in a second marriage are older, more mature and ready to commit. However, this does not mean that a second marriage will definitely last. This is because it’s…

Divorce is more difficult when children are involved, but there is a lot you can do to help children cope with divorce. If you are a parent going through divorce and have been dealing with a divorce lawyer, you are probably worried about the effects it could have on your children. Children’s emotions could go through…

Marital problems should be dealt with as soon as they emerge. Failure to deal with these problems will lead to buildup of anger and resentment towards each other. Every marriage is different, but when your wife is not ready to put effort to solve your problems, then your marriage may be headed for divorce. Some…

People who have gone through divorce can tell you that the process is never easy. Emotions run high and most couples make regrettable mistakes. Given the amount of financial, emotional and practical details that have to be addressed, it’s often common for most couples to make mistakes during divorce. Before the divorce has been finalized,…

In this transcribed interview with Dale Goldhawk of Zoomer Radio AM740 in Toronto, family and divorce lawyer Lorne Fine of Fine & Associates Professional Corporation discusses what you need to know about divorce for seniors.  Read the interview below, or listen to the podcast at the bottom of the page. Goldhawk Fights Back Podcast:  Recorded August 26,…

Everyone has heard horror stories of long and nasty divorces that get drawn out, while there are just as many stories of quick and simple cases that open and close without any hassle. Why are some divorces quick and easy and others such a messy disaster? While it is possible to file some of the paperwork yourself,…

Can A Woman Divorce Her Husband While Pregnant? Divorce is a stressful experience and pregnancy could make the divorce process more complicated. The only way you can be granted divorce in Canada is if you prove to the court that your marriage has broken down and cannot be repaired. Divorce lawyers can help with this.…

Divorce is not easy and it’s often not as amicable as you can hope. Our Toronto family lawyers can help you in this process. During divorce, either party could experience the loss of their home, comfort, finances or security. Navigating through divorce is a tricky process; the emotions that you experience can make it difficult…

What are the telltale signs that your marriage is on the rocks? There are different signs of impending divorce with each unique to certain situations. Some people think that their marriages would never end in divorce only to get surprised later in life when sitting in a family law court. If your marriage is falling…

Divorce papers can come as a shock especially if one spouse is caught off guard. Failure to deal with marital problems once they emerge leads to resentment and contempt. Experts have concluded that marriages do not break, they erode with time. Most couples will end up divorcing because they did not address certain issues once…

Before you file for divorce, you need to assess how it would affect your life. There are various issues that emerge when you file for divorce; they include child custody and support, equitable property settlement or prenuptial agreements. Most people file for divorce not knowing the consequences it could have on their lives. A free…

One of the most common mistakes made by individuals going through a divorce process is failure to hire a divorce lawyer. Most people will opt to represent themselves (pro se representation) legally in an attempt to save money. There are many disadvantages to pro se representation and it may be more expensive than hiring a…

Children are a major concern for any couple during the divorce process. Divorce can be quite stressful and a sad part of life especially for young children. Young children cannot understand why their parents would not get along and live together. Most parents find it hard or don’t know how they’ll break the news to…

Child support in Canada depends on the income of the individual who is bound to pay child support and the number of children the individual will support. Choosing the best child support lawyer can be difficult, especially because of the intense emotional issues that arise during the divorce process. While choosing a good child support…

In order to qualify to get a divorce in Ontario, you must: Have been legally married in Canada or another country Intend to permanently separate from your spouse (or have done so already), with no chance of getting back together Have lived in Ontario, as must your spouse, for at least 12 months before you…

Under the Canadian family law legislation, you can get a restraining order against your former partner or a family member. Note that you cannot apply for a restraining order against a person you have never lived with; however, the court could grant you a peace bond. A restraining order bars the individual from making contact with…

If your ex-boyfriend is harassing you, you can request the court for a restraining order. A restraining order is a legal document that tells one person to stay away from another person. It specifies the distance the individual must keep from the other person and forbids the individual from making any forms of contact. The…

We live in a world that has been transformed by advances in electronics within living memory. In many ways, we are still adjusting to the differences that social media sites and text messaging have made to the way we socialize and communicate. Although these changes may feel so new that it’s hard to believe that…

Getting a divorce may never be easy emotionally. But the process is a great deal easier if it is consensual. A consensual divorce is one in which you and your spouse both want a divorce. If you can also agree on how to settle all of your family matters, you have an “uncontested divorce,” which…

Splitting properties when you get a divorce can be a harrowing process. When a marriage ends, the combination of emotional and financial stress can be devastating. It can also lead to decisions that leave the ex-spouses permanently embittered. However, it does not have to be this way. Splitting properties may not be easy, but some…

Often, the greatest challenges of a divorce start when the divorce is over. From ex-etiquette to serious conflict, figuring out how to deal with your ex’s family can be a bewildering and emotional experience. However, there are rewards for getting it right, whereas getting it wrong can be a source of ongoing stress. For some,…

When a marriage ends, spouses have certain financial rights and obligations. These include both child support and spousal support. You are obligated to pay child support if the other parent has physical custody of the child or children, meaning that they live with him or her the majority of the time. This makes you the “payor” and the…

Child Support Guide & Rules For Ontario from Fine & Associates Professional Corporation   Child Support before May 1997 How support was calculated: child budget/children expenses proportionate between parties; Result: – decisions unpredictable – varying across Canada – no hard and set rules – no guidelines Tax: – child support was taxable to the recipient…