Family Law Services in Ontario

A domestic contract allows couples to define the financial terms of their relationship in advance. A cohabitation agreement is entered into by couples who live together without marrying. A prenuptial agreement, also called a marriage contract in Ontario, is entered into before marriage. A postnuptial or marriage agreement is entered into by couples who are already married. These agreements are particularly important for individuals entering a relationship with significant pre-existing assets, a business interest, children from a prior relationship, or complex estate planning considerations.

Obtaining a divorce in Ontario requires satisfying the requirements of the federal Divorce Act — in the vast majority of cases, demonstrating marriage breakdown through one year of separation. We guide clients through the full divorce process, including the resolution of parenting arrangements, support, and property division. We also advise common law spouses on property claims grounded in the equitable principles of unjust enrichment and constructive trust, and represent clients in resolving common law property and support disputes.

Ontario’s Family Law Act provides for the equalization of net family property on marriage breakdown. The process requires calculating each spouse’s net worth at the date of marriage and at the date of separation, identifying excluded property such as inheritances and pre-marriage assets, and determining the equalization payment owed. The process is technically demanding, particularly where assets include a business, professional practice, pension, or real estate. We advise on the full equalization process, assist in financial disclosure, work with valuators where necessary, and represent clients through negotiation and litigation.

A separation agreement governs the terms of a separation, including property division, support arrangements, and parenting plans. Under Ontario’s Children’s Law Reform Act and the amended federal Divorce Act, parenting matters are addressed through the framework of parenting time and decision-making responsibility, with the best interests of the child as the governing standard. We assist clients in negotiating and documenting parenting arrangements and, where necessary, representing them in contested proceedings. We also act for grandparents seeking access to grandchildren in appropriate circumstances.