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Divorce in Ontario
Divorce and Separation is a very trying time for everyone involved. It is important to hire a professional divorce lawyer near you who can provide you with logical and important legal advice, as well as be patient as you go through this difficult time in your life.
Divorce in Ontario is regulated by The Divorce Act, R.S.C.1985, c.3 which dictates all the rules and procedures that both the divorcing couples and divorce lawyers throughout Ontario must obey.
Although many couples choose to divorce right away, under ordinary circumstances it is only necessary if you wish to re-marry. If that is the case, you will require a formal divorce judgement.
There are 2 kinds of divorce: Contested and Uncontested. Please see below to read the definition for each one.
There is only one reason to have a divorce in Ontario: The breakdown of a marriage. There are 3 ways in which you can prove it: One-year separation, divorce due to adultery or divorce due to cruelty. Please read below for more information regarding each one.
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Contested Divorce in Ontario
In order for the divorce to be finalized, spouses have to agree on certain subjects. They include children, marital assets, property, spousal support, etc. If they cannot agree, the divorce qualifies as a contested divorce. Note: These divorces can be resolved with or without a trial with the court. In cases like these, it is wise to hire a divorce lawyer who knows what they are doing and has your best interest at heart. They may suggest options like mediation and arbitration. If the divorcing couple still cannot decide and agree on the subject their divorce will be taken to court, and possibly continue to trial should it so require.
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Uncontested Divorce in Ontario
It is common for divorces to be uncontested in Ontario and throughout Canada. Thus, divorcing spouses can resolve their differences without resorting to court. This proves to be a more simple and peaceful way to divorce.
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One year Separation
The most common type of divorce is one-year separation divorce. It is exactly what it sounds like: you have to prove to the court that you and your spouse have been apart and separated for over 12 months. There is a list of requirements, or rather actors, that the court will look over in order to determine that you were, in fact, apart.
If you live in the same house, you can still qualify for this kind of divorce, especially if living under the same roof is due to financial means of either one of the spouses. The court will then make sure to consider other factors, including but not limited to physical separation, communication, presence or absence of joint activities, and filing income taxes.
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Divorce & Adultery
Adultery is defined by Oxford Languages Dictionary as voluntary sexual intercourse between a married person and a person who is not his or her spouse. You cannot use your infidelity as grounds for divorcing your spouse. All this to say, if you can prove that your spouse has indeed cheated on you, the court has the right to waive the one-year waiting period and grant the divorce on the spot.
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Divorce & Cruelty
IF YOU ARE A VICTIM OF ABUSE OR ARE IN DANGER, PLEASE CALL 9-1-1
If your spouse has been cruel to you during your marriage, you may be able to get a divorce right away. The Ontario Court of Appeals' ruling from 1970 stated that if a spouse, by his or her behaviour, causes malicious or unnecessary pain to the physical, emotional or mental state of the spouse, they may be considered guilty of cruelty. They will conduct a subjective test, to see whether or not the health of the affected spouse had been negatively affected. Ironically enough, it seems that deteriorating the spouse's health is a requirement for a cruelty-based divorce to go through.
The court also made sure to heavily underline the fact that the behaviour has to be of dangerous and heavy nature, and not just an argument or repeated silly behaviour. The behaviour has to have made it impossible, or even dangerous to cohabitate with your spouse. Your whole marriage will be considered, especially if the cruel behaviour is constant snarky remarks, complaints, accusations, etc.
Division of Property, Assets and Matrimonial Home: Explained
Division of property usually occurs when a marital relationship ends. In Ontario, such a relationship is considered equal, and as such, both partners are entitled to an equal split in terms of properties and assets. Assets usually include things like your car, your home, pension plan, insurance and others.
Here’s how it works
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Anything that you have owned before getting married, any increase of the value will be split in two.
For example, you owned a toaster. Let's say you bought it for 50$, and during your marriage, its value increased by another 50$. When splitting the assets upon the termination of a marital relationship, that 50$ would be split in half to each spouse, so 25$ to each one.
This same rule applies to the family home. The full amount of home value must be split, even if you have received it as a gift, inherited or owned this home previously to get married.
This money, the owed payment to the spouse, is called an equalization payment, also recognized as equalization of the net family value under the Family Law act.
2. You can agree on how to separate everything in a separation agreement
So, going to court is a long procedure, which usually costs a lot of money. So, it is important to correctly and accurately draft a separation agreement upon terminating a marital relationship with your spouse and make sure to include details about separating assets and properties, so that both spouses can agree and be satisfied with what they receive as a result of the separation.
This agreement must be drafted accurately and precisely because nobody wants unsatisfied people arguing over who gets a shower curtain and who gets the soap. Both spouses must have their lawyer look over the agreement, to make sure that everyone is happy and the separation is as unproblematic as possible
Sutton Law has had extensive experience with drafting separation agreements and knows its way around. Please consult our Separation page to learn more about separation agreements and what Sutton Law can do for you.
