Ontario Divorce Information Network
Centre d'information sur le divorce en Ontario
The Ontario Divorce Information Network
The Ontario Divorce Information Network (ODIN) is a Free Divorce Resource service for Ontario residents researching separation and divorce in the Province of Ontario.
The Ontario Divorce Information Network is committed to alternative dispute resolution processes and is specifically mediation and collaborative processes with the sole goal of assisting individuals to keep their divorce process out of the Ontario Family Court System.
The ODIN 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 research support.
Mediation and Collaborative Solutions
Do You Know Someone Facing Separation or Divorce?
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
The Steps For Separation and Divorce in Ontario learn more
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).
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.
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.
Negotiation Options learn more
THE MEDIATION PROCESS
Mediation is a more amicable divorce process where you and your spouse can together seek the assistance of a neutral family professional who will help you to create a Separation Agreement without going to court.
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THE COLLABORATIVE PROCESS
The Collaborative Process is similar to the mediation process but different from a traditional litigated divorce in that you and your spouse agree to work together and work with a team of trained dispute resolution professionals to reach a balanced Separation Agreement without going to court.
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THE LITIGATION PROCESS
Litigation is the traditional divorce process used to create a Separation Agreement between spouses. In the Litigation process you do not deal directly with your spouse yourself but instead hire a litigation lawyer to work on your behalf to negotiate your separation agreement.
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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