What Are Your Rights After a Common-Law Breakup?
Every few months, a client or potential client comes to our Firm to ask some version of the same question: “We were never married. Can’t we just split up and walk away?” It’s a reasonable assumption. But under Ontario law, it’s an incorrect one. Ontario doesn’t recognize “common-law marriage” – only common-law relationships, with specific definitions in play. So, if you and your partner...
Can Spousal Support Be Changed After Separation?
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 circumstances may have changed in the years that followed. You or your Ex may...
In Ontario, Can You Date Someone New, While Separated?
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 Ontario, the short answer is generally: Yes. There is no rule requiring...
Coercive Control: It Doesn’t Stop at Separation
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 – a persistent pattern of behaviour designed to dominate, isolate,...
Why Your Separation Date Matters in Your Divorce
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...
Why the Separation Date Matters
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 periods As McBennett v. Danis...
Can You Be Separated While Still Living Together in Ontario?
In Canada, living together before marriage is common. Living together after separation, on the way to divorce? Not as common. Or maybe it’s becoming more so. With tough economic times, an unstable job climate, and high housing costs, many struggling couples have opted to stay living together, even though they have decided to end their marriage. If this describes you, then it’s important to...
Creating a Parenting Plan After Separation
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 right, the plan: Provides structure for your children...
Can I Legally Record My Spouse in Canada? What You Need to Know During Separation and Divorce
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 in court? Let’s break down the law in Canada when it comes to recording conversations —...