A Guide to Family & Divorce Law

Common Legal Challenges for Families & Couples in Ontario

Life happens, and with it come changes to relationships, living situations, and responsibilities. Family law covers more than just divorce – it includes all legal matters related to family relationships. This can involve parenting arrangements, financial support, property division, and agreements before or during a relationship.

But with so many moving parts and emotions involved, knowing where to start can feel overwhelming.

Some common reasons people seek help with family law include:

• They’re separating or getting divorced and want to understand their rights.
• They need to set up a fair plan for parenting time and child support.
• They want to create a cohabitation or marriage agreement.
• They’re dealing with a cross-border or international custody situation.
• They want to resolve family disputes without going to court.

If you’re facing one of these situations—or something similar—you’re not alone. Ontario’s family law system provides different ways to work through these challenges, depending on your situation. Whether through negotiation, mediation, or court, the goal is to find a resolution that supports you and your family’s future.

How Family & Divorce Law Works: A Strategic Breakdown

Here’s a closer look at some of the most important family law services offered by Boardwalk Law—and how they help Ontario residents move forward.

1. Divorce and Separation in Ontario

In Canada, you don’t need to prove fault to get a divorce. The most common reason cited is living separate and apart for at least one year. Other accepted grounds include adultery or cruelty, though these are less common and can complicate the process.

If you’re not ready or eligible for divorce, a separation agreement can help divide responsibilities and finances in the meantime. It’s a legally binding contract that outlines terms for parenting, support, and property division—without going to court.

Key points:

• A divorce application must be filed with the court.
• You can still resolve issues through negotiation or mediation before court becomes necessary.
• Legal advice is important to ensure your rights are protected.

2. Spousal Support

Spousal support (sometimes called alimony) is money paid by one spouse to another after a separation or divorce. It helps one partner maintain a reasonable standard of living when there’s a financial imbalance.

There are two types of spousal support:

1. Compensatory
2. Non-compensatory

Compensatory support aims to address economic disadvantages arising from the marriage, such as career sacrifices made for childcare and the marital roles taken on by the parties.

Non-compensatory support focuses on the recipient spouse’s needs and the payor’s ability to pay, based on the parties’ standard of living during the marriage and the economic hardship resulting from the divorce.

3. Child Support and Parenting Time

In Ontario, child support is a legal obligation. It’s calculated using the federal Child Support Guidelines, based on income and the number of children. Child support is separate from parenting time (formerly called “custody” or “access”).

There are two major concepts here:

• Decision-making responsibility: Who makes major decisions about a child’s life (e.g., education, health care).
• Parenting time: When the child is with each parent.

Whether you co-parent equally or one parent has more time with the child, your arrangement should focus on the child’s best interests.

If you go to court over a parenting time or decision-making dispute, the court’s primary consideration is the best interest of the child, though a child’s best interest will be examined on a case-by-case basis

4. Property Division

When a couple separates, each spouse is entitled to an equal share of the value of family property acquired during the relationship. This is called equalization of net family property and applies to married couples under Ontario law.

Key considerations:

• You must calculate your net worth at the beginning and end of the relationship.
• The matrimonial home receives special treatment—it can’t be excluded even if owned by one spouse before the marriage.
• Common-law partners are not automatically entitled to property division but may have other legal claims (e.g., unjust enrichment).

Assets brought into the marriage can be classified as a date of marriage deduction, meaning the spouse does not have to include its in their Net Family Property – for example if you contributed to a pension prior to marriage it would be protected up to its value on the date of marriage, the increase after marriage would be an asset increasing your Net Family Property.

5. Alternative Dispute Resolution (ADR) and Mediation

Not every family law matter needs to go to court. In fact, many people prefer to resolve disputes through Alternative Dispute Resolution (ADR), which can include:

• Mediation: A neutral third party helps both sides reach an agreement.
• Arbitration: A neutral professional makes a binding decision.
• Collaborative family law: Each person hires a lawyer, and everyone works together to resolve issues out of court.

ADR is often faster, less expensive, and more private than traditional litigation. It allows families to stay in control of the outcome and preserve relationships where possible.

BUT – Arbitration, in specific is faster, but it is similar to going to court (less stringent rules), however parties are paying for arbitrators time as well as their lawyers – it can be more expensive in some cases than traditional court.

Family Law Services in Detail

What does Family and Divorce Law entail? Let’s explore some of the services nested under this practice area and how they support different stages of a relationship.

Marriage and Cohabitation Agreements

These agreements help protect each partner’s financial interests in case the relationship ends.

• Marriage contracts (prenups or postnups): Signed by couples who are married or planning to marry.
• Cohabitation agreements: For couples who live together but aren’t married.

These contracts can cover property ownership, spousal support, and estate planning—but not child custody or child support.

Post-nups can be risky as parties are already married, usually best to do this prior to marriage

International and Multi-Jurisdictional Matters

Global families may face complex issues when separating or divorcing. Our lawyers help clients navigate:

• Cross-border parenting plans
• Enforcement of foreign divorce or custody orders
• International child abduction under the Hague Convention

Having a legal team with experience in multi-jurisdictional matters is essential in these cases.

Child Protection Matters

In Ontario, child protection involves investigations or interventions by Children’s Aid Societies. If you’ve been contacted by a caseworker or involved in a court process, having legal representation is critical to ensure your voice is heard and your rights are protected.

Litigation and Representation

Sometimes court is unavoidable. Whether you’re defending your rights or seeking enforcement of an agreement, Boardwalk Law offers experienced representation in Ontario’s family courts. Our lawyers help you prepare, present your case, and navigate each step of the process.

Family & Divorce Law: Frequently Asked Questions

1. How long does a divorce take in Ontario?
   It varies. A simple, uncontested divorce may take a few months. If there are disagreements over support, parenting, or property, it could take a year or more.

2. Can we separate without going to court?
   Yes. Many couples create a separation agreement through mediation or negotiation without going to court.

3. What happens to our house during a divorce?
   If it’s the matrimonial home, both spouses have equal rights to live there, regardless of whose name is on the title. Property value may be divided through the equalization process.

4. Do common-law partners have the same rights as married couples?
   Not always. Common-law partners don’t have automatic property rights, but they may have claims for support or financial contributions.

5. What if my ex lives in another country?
   Boardwalk Law can help with international parenting and support matters. There are legal tools in place to enforce family law decisions across borders.