Frequently asked questions

A simple uncontested divorce takes 4-6 months. If the divorce is contested (disagreements on assets, children, or support), it can take 1-3 years depending on complexity.

Common-law partners do not automatically have rights to property division like married spouses, but they may claim:

• Spousal support (if they meet the criteria).
• A share of property, if they contributed financially to the improvement or value.

Yes. A prenuptial agreement (marriage contract) must meet legal requirements, including:

• Full and frank financial disclosure.
• Independent legal advice for both parties
• Fair and enforceable terms

Without legal guidance, the agreement may very likely not be valid in court.

Ontario courts decide parenting time and decision-making responsibilities based on the best interests of the children. Key factors include:

• Family history
• How the children have been taken care of to date
• Parental ability and the relationship between parent and child
• Practical limitations, (e.g., work schedules, travel, etc.)
• The child’s wishes (if mature enough).

A parent who wants to move with their child must give 60 days’ notice to the other parent. If the other parent objects, the court will decide based on:

• The impact on the child’s well-being
• Whether the move enhances the child’s life
• The ability to maintain a relationship with the non-moving parent

Child support is determined using the Ontario Child Support Guidelines (OCSG), based on:

• The income of the parents
• The number of children
• The parenting time arrangement

No. Parenting time and child support are separate legal issues. A parent cannot deny the other parent access to their child due to unpaid child support.

Spousal support is determined by factors such as:

• Length of marriage.
• Age of the receiving party.
• Each Spouse’s income and financial need.
• Whether one spouse sacrificed career opportunities for marriage or family.

Debt facilities are the responsibility of the individual debtors named. However, debts taken on during the marriage are equalized through the equalization calculation. Debts accumulated after separation are usually the responsibility of the individual.

Child support is determined using the Ontario Child Support Guidelines (OCSG), based on:

• The income of the parents
• The number of children
• The parenting time arrangement

No. Parenting time and child support are separate legal issues. A parent cannot deny the other parent access to their child due to unpaid child support.