Family Law FAQ in Ontario

No. It’s considered a conflict of interests to have both spouses represented by the same firm. We run conflict checks when booking appointments to ensure that we haven’t already met with one of the parties involved or that we aren’t already representing them.

Q: “But we are amicable and are getting along, so why can’t we have the same lawyer”?

Often times this is how the process begins however due to the sensitive and emotionally charged nature of family law issues that can change. In family law, spouses typically have competing legal interests, and interests that are at odds with each other, even in the most amicable of situations. While we understand that you want to get things done as simply as possible, our policy to only represent one individual involved is for your protection and is in accordance with the Rules of Professional Conduct.

Q: We just need a simple divorce.

we do have an option of an uncontested divorce, where neither party is bringing forward any claims other than the divorce itself. This process has a flat rate fee*

An uncontested divorce is suited for spouses who have already reached an agreement on all issues, and neither party is required to appear in court. In order for this to be successful as spouses you will have to ensure that all property, custody and access issues are resolved through some sort of legal agreement (court order or separation agreement). You must be separated for one year before a divorce will be granted.

This is the exact reason we offer a free 30-minute consultation. Retaining the best Toronto divorce lawyer is an important decision – it’s so important for you to feel a connection with the lawyer you are choosing. Every person is different; for some people, it’s based on personality, for others its experience; overall you want to choose someone who is knowledgeable and honest. Be wary of guarantees in the initial meeting as it’s just a synopsis of your situation and it’s impossible to predict what will happen. Your lawyer should be available to connect with you and be able to competently guide you through the legal process. We do our best to match you with a family lawyer who will be suited to your needs based on the information you have provided to us in your intake form.

Q: Will I be contacted after my appointment?

If you choose to not retain us we will not contact you after your free consultation unless you have specifically asked us to connect with you to proceed with retaining. You are welcome to contact us at any time after the consultation should you wish to choose us to assist you with your matter.

Q: What if I retain a lawyer at Kain and Ball but I’m not sure they were the right person for me?

You can request to change lawyers within the firm if you would still like us to represent you. Or you can request to close your file.

Q: How are Fees Calculated? How much is this going to cost?

Legal fees are calculated based on the time spent on the matter, there are more details listed in retainer. The cost of your matter will depend on its overall complexity. Family law issues can be complex and emotionally charged. The cost of your matter can vary greatly based on the conduct of you or the other party involved. If you are involved in a high conflict matter, and you cannot agree or want to ‘fight’ every issue raised then the process can become quite expensive.

We do our utmost to assist our clients in resolving their family law issue(s) in the process that they choose. Some alternatives to court are negotiation, or more formal Mediation/Arbitration. Sometimes, however, it is necessary to proceed to court, either because the other side has brought an Application, there are child protection issues, or urgent relief is required. If you choose Kain & Ball to represent you, you can rest assured that our skilled team of legal professionals will provide you with excellent legal advice and representation. Whether your matter proceeds by way of litigation, negotiation, or by some other form of ADR.

The intake form is designed to help give us an understanding of your current family law situation so that you can make the most of your initial consultation. The information is used to match you with an associate that best suits your needs. Our team of lawyers have varying strengths, years of experience and expertise in specific areas of family law. The more information you provide us, the more effectively we will be able to match you with the right associate for you and your situation.

We ask for both parties full legal names and information because we run conflict checks to ensure have not already consulted or already representing the other party involved in your legal matter. We require their information in order to ensure this process is completed accurately. We will never contact your partner without your express permission and instructions to do so.

Yes. The more information you provide, the greater our understanding of your situation. It will help you make the most out of your 30-minute consultation since the lawyer you’re meeting with will be able to review it ahead of time.

First impressions mean a lot. But they shouldn’t cost a lot. That’s why the first time we meet a potential client, the meeting is free. During this initial 30-minute consultation, the goal is to establish a working relationship. That’s why we encourage you to come prepared to ask questions, because by doing your own due diligence, you will better understand our process and our philosophy and whether our firm is right for you. You should also expect us to ask questions – tough ones that will help us to establish your needs and how we can serve these needs. Reflecting our client-centered approach, we will provide you with a clear, written description of our services and fees for service in the form of a retainer agreement should we decide to work together.

No. The consultation is meant to: inform you of what your legal rights and options are, the procedural steps involved in a separation, and a potential plan of action.

Please bring government issued ID, and a method of payment if you plan on retaining a lawyer that day.

If you decide to retain Kain and Ball please ensure that you leave yourself enough time to complete that process after your 30-minute consultation is over. Set aside up to a half an hour in case you have questions during that part of the process.

You can request a specific lawyer and we will do our best to accommodate your preference. Or if you are unsure as to who will be best suited to your family law matter we can pair you with an associate. If you would like to learn more about each of our lawyers please visit about us.

It’s difficult to estimate the total cost of a divorce in Ontario. The cost of a divorce can vary significantly on a case-by-case basis, and depends upon the specific circumstances surrounding the divorce and separation. Generally speaking, an uncontested amicable divorce is the most cost-effective option; unfortunately, this isn’t always possible.

Legal fees are often driven by factors such as the level of conflict between the parties, the complexity of the issues. Divorce which proceeds by way of litigation is generally more expensive than a divorce which proceeds by way of negotiated settlement. There are also other private Alternative Dispute Resolution processes such as Mediation, Arbitration, or a combination of the two which allow the parties to hire an experienced family law professional to help them along with their lawyers to resolve the issues between them. While this does involve the added expense of hiring a Mediator or Arbitrator, it can still be more cost-effective than litigation as it can allow parties to streamline the process by which they reach a final settlement.

Often, when people think of the cost of a divorce they think of lawyer’s fees, which are certainly a significant part of the costs, however they are not the only costs associated with divorce: there are also court filing fees, and in some cases accounting fees, valuation fees, and other experts’ fees. While it may seem more cost effective to proceed with a divorce as a self-represented party to avoid paying legal fees, there is a risk associated with doing so. Family law in Ontario can be complicated and difficult to navigate- particularly for someone who is unfamiliar with its nuances. This can lead to reaching a settlement which does not reflect your true entitlement under the law or making procedural mistakes which will need to be corrected with the help of a family law lawyer later on. Often it is more costly (and time consuming) to correct errors than it is to seek advice in the first place.

If you are considering divorce, it’s important to seek advice from a qualified family law lawyer in Ontario to ensure that you begin the process properly in order to avoid costly procedural or strategic mistakes which can cause delay and increased legal fees.

The time it takes to finalize a divorce in Ontario varies on a case by case basis. Factors such as the complexity of the issues or the level of acrimony between the parties can influence the time it takes to get a divorce in Ontario. Litigation is a long process where parties have little to no control over the timing, which can often be subject to delays. Negotiation and other forms of Alternative Dispute Resolution such as Mediation or Mediation/Arbitration allow parties more control over the timeline as these are private processes which do not rely on the availability of the courts. It’s important to remember, however, that even in instances where parties opt out of litigation, one party cannot dictate the timeline without the cooperation of the other.

The best way to ensure a speedy divorce in Ontario is to try to cooperate with the opposing party and reach a negotiated settlement of the substantive issues, and then file for an uncontested divorce. However, it is important to remember that a divorce will not be granted by the courts until the parties have been separated for one year. It is very important to obtain advice from a qualified family law lawyer about any negotiated settlement of the issues before you sign or agree to anything. This ensures that your rights are protected, and that you understand your rights and obligations under the agreement. For more information, and to speak with a qualified Ontario divorce lawyer about your specific situation, you should contact us to book a free 30 minute consultation.

Often, one of the biggest concerns for those going through the divorce process is not only what the cost will be, but also, who will be expected to pay for the divorce. Who ultimately bears the financial responsibility for divorce varies on a case by case basis. In some

cases, parties may agree that one person will cover the costs, or that the costs will be shared equally, or on some other percentage basis. In other cases, if the parties have been involved in litigation, the court may order how the costs of the divorce are to be distributed between the parties depending on the circumstances.

Generally speaking, in Ontario, if parties are engaged in litigation and proceed to a trial the unsuccessful party may be ordered to pay the successful party’s legal costs. However, this risk can be mitigated by making an offer to settle. If you are engaged in family law litigation, you should speak to your lawyer about the potential cost consequences and about making an offer to settle. If a divorce is proceeding on an uncontested basis, generally speaking, the cost of the divorce itself and the court filing fees are shared equally between the parties. With that said, there is no hard and fast rule about who will bear the costs of a divorce in Canada. To get accurate information about your particular situation, you should speak to a qualified family law lawyer who can answer your questions.

In Ontario, unless there is a domestic contract which limits or alters right and obligations under family law, spouses are entitled to property division in what is known as “a deferred community of property”, as well as potentially child support and/or spousal support depending upon the circumstances.

In terms of equalization of family property, this means that ownership of the individual assets is determined by who holds title to a particular asset, however spouses share in the value of all assets accumulated during the marriage, subject to certain deductions or exclusions. To calculate the equalization of net family property, the total value of all assets and liabilities in each spouse’s name are added up at date of marriage and date of separation; the liabilities are then subtracted from the assets and the date of marriage net total is subtracted from the date of separation net total to come up with each spouse’s Net Family Property. The difference between the two spouse’s net family properties is then calculated by subtracting the lesser net family property from the greater net family property, and the spouse with the greater net family property then owes a payment to the spouse with the lesser net family property in the amount of half that number. This payment is known as the equalization payment.

You may be entitled to receive child support if you are the parent with whom the children reside primarily. The Federal Child Support Guidelines sets out the basic the amount of support payable depending on the income of the payor parent; in general, the income of the recipient parent is not considered when determining the basic table child support amount. Adjustments may be made to the table child support amount in certain situations where there are shared parenting arrangements. You may also be entitled to receive an additional payment on account of special or extraordinary expenses of the children, which are set out in section 7 of the Child Support Guidelines and may include such expenses as uninsured medical and dental expenses, daycare, extra-curricular activities, and post-secondary education expenses. Usually, children are entitled to child support for as long as they are under the age of majority, or until they have obtained their first post-secondary degree.

Depending on several factors, including your need for financial support and your spouse’s ability to pay spousal support, you may also be entitled to spousal support. If you are entitled to spousal support, the amount and duration of support is discretionary and varies on a case-by-case basis depending on the circumstances of your relationship surrounding your ability to generate an income for yourself.

The financial aspects of divorce can be complex and confusing, which is why it’s very important to have the advice and guidance of a qualified family law lawyer who understands the nuances of the support and property regime in Ontario. To discuss your particular situation with one of our expert divorce lawyers, contact us to book an initial consultation at no cost to you.

In Canada, the only way to get a divorce is to have one granted by a court. While many people choose not to complete the divorce process by applying to the court for a formal civil divorce once they have settled the issues between them, this is an important step to take if you intend to remarry in the future as it is against the law to marry someone in Canada if one of your is already married. Even if you are no longer together, and have a separation agreement, you will have to provide proof of your divorce (in the form of a divorce certificate issued by the court) in order to remarry.

Either spouse may apply for a divorce in Canada, and there is no way to prevent your spouse from applying for a divorce from you, even if you do not want the relationship to end. In order to obtain a divorce, all that must be established for the court is that there has been a breakdown of the marriage, and that financial support for any children of the marriage has been arranged. It does not matter where your marriage took place, and you do not have to be a Canadian Citizen in order to obtain a divorce in Canada as long as you or your spouse has been a resident in Canada for at least one year immediately prior to filing for divorce.

It’s important to remember that no matter how long you have been separated for, divorce never automatically occurs in Canada- even if you have been separated for years, you are still married until you have completed the legal process and applied to the court for a divorce. Once a divorce has been granted, there is a 31 day period during which you can appeal the Divorce Order made by the court; once the 31 days has passed, the divorce cannot be undone even if you and your spouse reconcile: if you wish to be married again, you will have to get married.

What are grounds for divorce in Ontario?

In Ontario, as in the rest of Canada, there is only one ground for Divorce: breakdown of the marriage. According to The Divorce Act a breakdown of the marriage is established only if:

(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or

(b) the spouse against whom the divorce proceeding is brought has, since celebration of the marriage,

(i) committed adultery, or

(ii) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.

While any of these options may be used to establish a breakdown of a marriage and grounds for divorce in Ontario, most of the time, people apply for a Divorce and establish grounds for divorce based on living separate and apart for a period of one year. This is the only “no fault” means by which to establish a marriage breakdown and is often the simplest and most cost effective means for doing so as it provides for “no-fault” divorce and does not require spouses to bring any conduct related evidence forward.

Conversely, if a person is attempting to prove breakdown of the marriage on the basis of adultery or cruelty, then the court will require that they provide proof of their claims in order to substantiate that the grounds for divorce have been met. It is important to note that while this evidence will need to be brought forth in order to obtain the Divorce Order, any conduct related evidence regarding the cause of the breakdown of the marriage will generally not have an impact on the court’s decisions regarding the substantive issues of the separation such as custody of and access to children, child support, spousal support, or the division of property. With that said, it is important to get proper independent legal advice about your specific circumstances before determining how best to proceed. To speak to a qualified Ontario divorce lawyer about your situation, contact us and book a free 30 minute consultation.

For most married couples, the parties shared home is their most significant asset- both in terms of value and in terms of sentimental importance- so understandably, many people wonder who would be entitled to keep that asset in the event of divorce. Under Canadian Family Law, property division is governed by provincial legislation and the property division regimes vary province to province. With that having been said, a general principle of property division is that the value of property accrued during the marriage should be divided and shared between spouses. In Ontario, property division is governed by the Family Law Act. Under the Family Law Act, and the property regime in Ontario, spouses are not entitled to specific individual assets that they personally do not own- they are entitled to share in the value of those assets.

In the case of the question above related to who keeps the house in a divorce in Canada, in Ontario, if the house is in one spouse’s name, then that spouse would be entitled to keep the house but the value of the property would be taken into account in the equalization calculation. It is also important to remember that a matrimonial home, which is defined in the Family Law Act, is treated a bit differently than other assets under Ontario family law. The matrimonial home is defined by use, and is the place where the parties were ordinarily resident at the time of separation. If the house is in joint names, however, then one spouse can buy out the other spouse’s interest in the home, or the parties can decide to sell the property and split the proceeds. It should be noted, however, that the court cannot prefer one joint owner of a property over another, which is to say that the court cannot force one party to sell his or her interest in the property to the other. This means that if joint owners cannot agree as to who will retain the asset, the property will have to be sold.

It’s also important to make the distinction between the possession of the home, and who ultimately ends up with the asset once the property division is finalized. Both parties have equal right to possession of the matrimonial home, regardless of whose name the property is in. In some instances, if, at the time of separation the parties cannot agree who will remain in the property one party may bring a motion for exclusive possession of the matrimonial home and if they are successful, they will be granted the right to stay in the home and the other party will have to vacate the premises.

The question of who remains in the home and who ultimately ends up owning the property can be a complicated one depending on the circumstances, and it is for this reason that it is very important to seek legal advice from a qualified family lawyer on this issue. Contact us to book a free 30 minute consultation with one of our qualified divorce lawyers in Toronto to discuss your situation and understand your rights related to your home.

According to the Divorce Act, in order to properly establish grounds for divorce in Canada, parties must be separated for a period of one year prior to a divorce being granted. While many people do physically separate by having one spouse move out and maintaining separate dwellings, it should be noted that you can be separated while still living under the same roof. For the purposes of establishing grounds for divorce, being “separated” from your spouse has more to do with living separate lives than living in separate homes.

Once one you feel that the relationship is over without the prospect of reconciliation and you communicate that to your spouse, you can be considered separated. Once this happens, it is important that you and your spouse act as though you are separated, meaning that you do not behave as a couple, no longer hold yourselves out to be a couple in public, and stop living as a couple within the home. While it is certainly more economical to remain living separate and apart under the same roof, it can also have some undesirable complications. Separation and divorce can be a very emotional time, and with tension and emotions running high this can be a recipe for conflict in the home. There are also certain instances where it is simply not possible to remain living with your spouse under the same roof- such as in situations where there has been domestic violence or abuse. In these circumstances, it is most important to prioritize your safety and find a secure and comfortable living situation.

If you and your spouse reconcile during the period of separation, but you are reconciled for less than 90 days you do not have to restart the clock on the one year separation period. In this way, you may still be able to attempt to work on your marriage without the worry of delaying the Divorce in the event you are not able to overcome your differences.

The date of separation becomes a very important one, not only for the purpose of establishing grounds for divorce but also from the perspective of determining some of the financial issues. It is for this reason that you should seek independent legal advice as soon as possible with respect to your separation. Contact us for a free 30 minute consultation with a qualified divorce lawyer to discuss your situation.