Ontario Divorce Information Network
Le Réseau d'information sur le divorce de l'Ontario
Divorce In Ontario
If you are researching a divorce or separation in Ontario, the Ontario Dispute Resolution Platform offers a suite of educational tools and resources that will clarify your legal rights, help you to make smart decisions, create a personalized separation plan, and provide you with continued support.
Resources
Frequently Asked
WHAT IS FINANCIAL DISCLOSURE?
WILL FAILURE TO COMPLETE FINANCIAL DISCLOSURE AFFECT MY SEPARATION AGREEMENT?
THE PARENTING PLAN?
FORMAL VALUATION OF PENSIONS
RESEARCHING SEPARATION OR DIVORCE IN ONTARIO?
LITIGATION?
- UNCONTESTED DIVORCE?
Useful Links
STEPS FOR A DIVORCE IN ONTARIO
1. Decision To Separate
In Ontario, you must first clearly tell your spouse that it is your intention to separate. This date will become your Date of Separation. Your divorce will not be granted before one year from your Date of Separation.
During this time, you and your spouse will create a Separation Agreement that address everything regarding your children, finances, property and support.
2. Negotiation Process
You do not need to go to court to negotiate your personal matters. In fact, in most cases it will be faster and less expensive if you and your spouse can negotiate without involving of the court.
There are many options available to you and your partner. These options include self-guided negotiations, engaging professionals to assist you in your negotiations (mediation or collaboration) or hiring a professional to lead your negotiations on your behalf (litigation). The cost of your separation process will vary based on the process that you choose. Generally, the mediation process will be less expensive than the collaboration process, which itself is less expensive than the litigation process. Be aware that you are not confined to a single process once you have begun your separation, and you may decide you wish to try a different process if you are initially unsuccessful. Many people initially begin the litigation process, but eventually decide to try mediation in order to take control of their negotiation and reduce expenses.
3. Separation Of Assets
“Fair and equitable” separation of your family’s assets begins with you and your partner properly disclosing all of your financial information. This is called Financial Disclosure and it allows for the financially smart separation of all of the marriage’s assets; cash, accounts, investments, property and pensions. Financial disclosure is required to create a binding and enforceable separation agreement. If a separation agreement is signed without proper financial disclosure, a court, if petitioned, may declare the agreement to be invalid.
It is really important to note that not all assets are the same. Even assets of similar face value may have completely differing cash values or tax implications.
4. Support Calculations
Child and Spousal Support calculations must be addressed in every Separation Agreement.
Child Support is calculated according to Ontario Provincial Guidelines and is non-negotiable. Spousal Support on the other hand, is also calculated according to provincial guidelines, but leaves room for creative financial and strategic tax negotiations.
5. Separation Agreement
The terms of all of your negotiations are written down into a legal contract called the Separation Agreement. It is important that your Separation Agreement is not only legal in Ontario, but also enforceable and binding.
Wisdom dictates that you and your partner each receive independent legal advice (ILA) before you sign any Separation Agreement.
6. Divorce Application
One year after your date of separation and once all of the marriage’s parenting, financial, property, and support matters have been properly dealt with, then you can apply for an Uncontested Divorce.
This is the final step in the divorce process. After your Uncontested Divorce applications have been filed with the courts, you will be granted your Divorce Decree.
Resources learn more
The Ontario Divorce Information Network
IMPORTANT learn more
Articles to read for filing a divorce
CAN MY SPOUSE AND I LIVE IN THE SAME HOUSE AND BE CONSIDERED “SEPARATED” BY CRA?
HOW WILL A CHANGE IN MY MARITAL STATUS AFFECT MY DIVORCE AND TAXES?
CANADA CHILD BENEFIT:
WORKING INCOME TAX BENEFIT (WITB) ADVANCE PAYMENTS:
ARE YOU RESEARCHING SEPARATION OR DIVORCE IN ONTARIO?
THE SEPARATION AGREEMENT