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Two stoneware mugs and a pen on a sheet of paper on a kitchen table in morning light, a school bag on a chair and moving boxes behind

Know what comes next.

In Oakville and Halton, separating is hard enough without guessing at the process. Answer two questions and see the usual order of things in Ontario, with the rule behind each step.

Ask for a consultationSee what happens next

What usually happens next

Were you married?
Do you have children together?

6 steps, in the usual order

  1. You separate

    Most people start by working out where everyone lives for now and how the bills get paid while the rest is worked out.

  2. Try to agree, with lawyers or a mediator

    Mediation is one way to settle things without going to court. An agreement between spouses only holds if it is in writing, signed by both of you and witnessed.

    Family Law Act, s. 55(1)

  3. Parenting time and child support

    Child support amounts come from the Child Support Guidelines tables: the federal tables when there is a divorce, Ontario’s otherwise.

    Child Support Guidelines

  4. Dividing property: equalization

    Married spouses can claim an equalization of net family property once they separate with no reasonable prospect of getting back together.

    Family Law Act, s. 5(1)

  5. Divorce, after a year apart

    A divorce based on separation needs the two of you to have lived separate and apart for at least one year.

    Divorce Act, s. 8(2)(a)

  6. Court, only if you cannot agree

    In many family cases that do go to court, each person attends a Mandatory Information Program within 45 days of the case starting.

    Family Law Rules, r. 8.1

General information about Ontario law, not legal advice. Your own situation can change the order.

How a first meeting goes

  1. What has to be settled soon. Where the children live this month, who pays which bills, what is urgent and what is not.
  2. What the law says about your situation. Married or common-law, children or none: the rules differ, and we show you which ones apply.
  3. A written plan. The next three things to do, who does them, and what each one is likely to involve.
A front hall with two coats on pegs, a duffel bag, a pair of rain boots and a pair of shoes by a frosted-glass door
things to leave with: your next steps, in writing

What we help with

A wooden desk by a window with a closed folder, a ring of keys, a notepad and pen, and a mug beside a small plant

Questions people ask first

Do common-law partners divide property the same way?

No. The Family Law Act’s equalization rules apply to married spouses. Common-law partners are covered by its support rules, not by equalization.

Family Law Act, ss. 1(1) and 29

How long do we have to be apart before a divorce?

A divorce based on separation needs at least one year of living separate and apart.

Divorce Act, s. 8(2)(a)

How is child support worked out?

The amount comes from the Child Support Guidelines tables: the federal tables in a divorce, Ontario’s tables otherwise.

Child Support Guidelines

Do we have to go to court?

Not necessarily. Mediation is one alternative. An agreement only holds if it is in writing, signed by both of you and witnessed.

Family Law Act, s. 55(1)

Tell us where things stand.

A first conversation is about what you need to decide soon and what can wait. Leave a number or an email and say when is safe to reach you.

Or call 905-555-0137 · hello@larchmere.example

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