Separation, one decision at a time.
Most of what follows a separation can be agreed without a judge. Here is how each part works in Ontario, and the rule it comes from.
Agreeing without court
Mediation is an alternative to going to court: a neutral mediator helps the two of you reach decisions together. Whatever you agree is usually written up as a domestic contract, such as a separation agreement.
A domestic contract only holds if it is in writing, signed by both of you and witnessed.
Family Law Act, s. 55(1)
Children and support
Child support amounts come from the Child Support Guidelines tables. When there is a divorce, the federal Guidelines apply; otherwise Ontario’s Guidelines do.
Child Support Guidelines
Property
Married spouses can claim an equalization of net family property when they separate with no reasonable prospect of getting back together, or when a divorce is granted.
Family Law Act, s. 5(1)
Those equalization rules apply to married spouses only. For common-law partners, the Family Law Act’s wider definition of spouse applies to support, not to property equalization.
Family Law Act, ss. 1(1) and 29
Divorce
A divorce based on separation needs the two of you to have lived separate and apart for at least one year before it is decided, and to be living apart when the case starts.
Divorce Act, s. 8(2)(a)
If it goes to court
In many Ontario family cases about parenting, property or support, each person attends a Mandatory Information Program within 45 days of the case starting. Cases that go ahead on consent, divorce-only cases, and people who have already attended are exempt.
Family Law Rules, r. 8.1
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