Family Law & Divorce Services
Compassionate legal representation for divorce, separation, custody, and family matters. We provide caring support during life's most challenging transitions with dignity and sensitivity.
Uncontested Divorces
Three Grounds for Divorce in Canada
- Separation for one year
- Adultery
- Physical or Mental Cruelty
In Ontario, an Uncontested Divorce is commenced by a Simple or Joint Application. In simple terms, it is a court proceeding whereby both parties are mutually seeking a divorce and have agreed on matters such as division of property or assets, spousal support, child support, custody and access issues and court appearances are usually not required.
Important Requirement
You must be separated for a minimum of 1 year prior to seeking a divorce. Separation does not necessarily mean that one spouse must move out of the matrimonial home - it is very much possible to be living separate lives whilst living in the same home.
Factors Courts Consider for "Living Separate and Apart"
- Physical separation
- Withdrawal by one or both spouses from matrimonial obligations
- Absence of sexual relations (not conclusive, but a factor)
- Lack of communication between spouses about family problems
- Absence of joint social activities
- Meal pattern changes
- Performance of household tasks
- Making plans for assets as a separated person
- Relationship and conduct toward respective families
- Financial arrangements regarding necessaries of life
Our Commitment
At UL Law we are committed to providing our clients with genuine, fierce, aggressive, thorough and caring representation. We are big enough to produce results and small enough to care for our clients.
Divorce Process & Timeline
Required Documentation
You will need to provide an original copy of your Marriage Certificate to proceed with your divorce application.
Getting Your Marriage Certificate
- If married in Ontario: Request a copy from Service Ontario
- If married outside Ontario: Original certificate required
- If certificate is not in English: Translation required (we can arrange this)
File Application
Application for Divorce filed with nearest courthouse
Serve Spouse
Application served upon your spouse
Response Period
30 days (Canada) or 60 days (outside Canada) to respond
Completion
If no response or agreement, divorce remains uncontested
Additional Documentation for Support/Property Claims
- Copies of Notices of Assessment for the last three years
- Income and Deductions printout from CRA
- Daycare receipts and other expense receipts for child support
Timeline
3 to 4 months depending on various factors and court processing times
Cost
$2,450.00 plus HST for simple uncontested divorce (includes all court disbursements)
Payment
Fees are up front and include all court disbursements
Separation Agreements
Why You Need a Separation Agreement
If separation from your partner is inevitable, it is imperative that you seek legal guidance and ensure that you have a Separation Agreement in place to protect your future. This document will be the foundation for a smooth transition to the next phase of your life.
Divorces can be quite bitter and prevent you from moving on with your life if there is no Separation Agreement in place. A Separation Agreement is a binding contract entered into by both spouses that addresses the arrangements between them upon parting ways.
What a Separation Agreement Covers
- Spousal support arrangements
- Child support obligations
- Duration of support payments
- Custody of children
- Access to children
- Holiday arrangements
Additional Provisions
- Where children will live
- Future financial disclosure
- Sale of matrimonial home
- Property division
- Debt allocation
- Insurance beneficiaries
Our Approach
At UL Lawyers, we are committed to passionately and fiercely advocating for your needs with sensitivity, dignity and compassion. Pain caused from a divorce can be equivalent to losing a loved one, and we understand you may be vulnerable during this time. Our firm cares for our clients and will be there for you in your hour of need.
What We Include in Separation Agreements
Parenting Arrangements
- Where children will reside
- Holiday custody arrangements
- School and religion decisions
- Extracurricular activities
- Relocation provisions
- Day-to-day decision making
Child Support
- Payment obligations
- Ontario Child Support Guidelines compliance
- Income-based calculations
- Age limits for support
- Additional expenses (daycare, private school)
Spousal Support
- Payment obligations
- Financial disclosure requirements
- Duration of payments
- Waiver provisions
- Modification conditions
Medical and Dental Benefits
- Extended health care benefit maintenance
- Premium payment responsibilities if benefits discontinued
- Payment arrangements for uncovered benefits
Property Division
- Matrimonial home arrangements (who lives there, sale proceeds)
- Other asset and property division
- Income distribution from additional properties
- Mortgage payment responsibilities
- Line of credit payment obligations
Life Insurance Provisions
Section 34 (1)(i) of The Family Law Act allows courts to require life insurance beneficiary designations.
- Beneficiary designations
- Coverage for surviving children and former partners
- Premium payment responsibilities
- Duration of insurance obligations
Additional Provisions We Include
- Dispute Resolution: Mediation or arbitration agreements
- Debt Division: Post-separation debt responsibilities
- Pension Valuation: Proper evaluation of RESPs, RRSPs, and work pensions
- Full Financial Disclosure: Complete transparency requirements
- Future Changes: Provisions for changing circumstances
Professional vs DIY Agreements
Why You Need Professional Help
While Part IV of the Family Law Act allows partners to draft their own Separation Agreements outside the courts, it is not recommended that individuals attempt to draft their own agreement without legal advice.
Do You Need a Separation Agreement?
The first thought that will come to your mind is, obviously this lawyer is going to recommend a Separation Agreement - they're going to get paid for this. While you will pay your lawyer to draft a Separation Agreement, the protection you receive in return will give you peace of mind and a much smoother transition to your next phase of life.
Risks of DIY Agreements
- Missing crucial legal protections
- Unenforceable clauses
- Inadequate future provisions
- Lack of legal compliance
- Vulnerable to being set aside
Benefits of Professional Drafting
- Precise and thorough language
- Realistic and rational terms
- Legal compliance assurance
- Comprehensive future planning
- Court enforceability
Peace of Mind
At the onset of divorce or separation, spouses are usually bitter and may want to seek revenge. A professionally drafted Separation Agreement prevents constant back-and-forth arguments and gives you peace of mind. There is no price that can be attached to peace of mind.
When You'll Need Your Agreement
- Courts may not grant divorce without clear separation terms
- Mortgage applications often require separation agreement copies
- Future disputes and disagreements
- Financial planning and disclosure
When Agreements Can Be Set Aside
The Family Law Act s. 56(4) states that a court may set aside a Separation Agreement in three scenarios:
Failed Disclosure
If a party failed to disclose significant assets, debts, or other liabilities existing when the contract was made
Lack of Understanding
If a party did not understand the nature or consequences of the domestic contract
Contract Law Violations
Other violations in accordance with general contract law principles
Additional Factors That May Set Aside Agreements
- Improper Financial Disclosure: If one spouse was unaware of important financial information
- Coercion or Exploitation: If the contract was negotiated in bad faith
- Best Interest of Child: If provisions don't align with child welfare standards
Leading Case: Miglin v. Miglin [2003]
The Supreme Court established a two-stage analysis test to determine whether a Separation Agreement should be set aside, examining both the circumstances of execution and the substance of the agreement.
Recent Case Example: Doucet v Doucet (2016)
The Ontario Superior Court found a separation agreement unenforceable due to rushed negotiations, inadequate financial disclosure, emotional vulnerability, and failure to meet spousal and child support objectives under the Divorce Act.
Enforcing Separation Agreements
Court Enforcement
Domestic contracts can be enforced by the courts in the same way court orders are enforced. If your ex is not abiding by a signed domestic contract, we can help you enforce it in court.
Most of the time, courts will enforce what is in a domestic contract. We highly recommend that you obtain legal advice prior to executing a domestic contract. Making a hasty decision can always be costly in the long run, especially if you have a vindictive ex-partner who continues to make your life difficult.
When You Need Enforcement
- Stopped child support payments
- Missed spousal support payments
- Property division violations
- Custody agreement breaches
- Asset hiding or non-disclosure
How We Can Help
- Court enforcement proceedings
- Asset recovery actions
- Contempt of court applications
- Wage garnishment orders
- Property seizure orders
Don't Delay
If your partner has stopped paying child or spousal support, you can challenge this and be awarded the money you are rightfully owed under the domestic contract. The sooner you act, the better your chances of recovery.
Cohabitation Agreements
A cohabitation agreement is a written contract between two individuals who plan on living together or already live together but are not legally married.
Purpose and Protection
The purpose of a cohabitation agreement is to protect your assets. Without such an agreement, should your relationship end, your ex-partner can make a claim on your assets, property and income.
What You Can Protect Through a Cohabitation Agreement
- Property ownership and/or division
- Spousal support obligations
- Bank accounts, investments and earnings
- Personal property
Flexibility
If you plan on getting married in the future, we can draft your cohabitation agreement to become a marriage contract from the date of marriage
Limitations
You cannot address custody of children, child support, or access to children in a cohabitation agreement
Pre-nuptial / Marriage Agreements
A marriage agreement is a written contract between two people who are already married, or getting married in the near future. A marriage contract is the Canadian equivalent of a prenuptial agreement.
Understanding Equalization
Without a marriage agreement, should your relationship end in divorce, your ex-partner can make a claim on your assets through "Equalization" - which calculates both partners' net family property and entitles the lesser party to half the difference.
What You Can Protect
- Property ownership and/or division
- Spousal support obligations
- Bank accounts, investments and earnings
- Personal property
Legal Limitations
You cannot address limitations to matrimonial home possession rights, custody of children, child support, or access to children in a marriage agreement.
Independent Legal Advice
Independent legal advice is where a lawyer advises you about any and all potential rights and obligations you may be binding yourself with by signing a domestic agreement.
What Your Lawyer Will Do
- Look out for your best interests
- Advise on possible changes and amendments
- Explain legal jargon and implications
- Ensure you understand all rights
- Review financial disclosure adequacy
Why It's Essential
- Required for binding agreements
- Prevents future challenges
- Protects against coercion claims
- Ensures informed consent
- Certificate of advice required
Legal Protection
Each party should obtain independent legal advice about any domestic contract prior to signing, as it is your protection should your partner later claim they did not understand what they were signing and what rights and obligations they had pursuant to the agreement.
Common Reasons Contracts Are Set Aside (Section 56 Family Law Act)
- Failed to disclose significant assets or debts
- Failed to understand nature and consequences of agreement
- Other grounds under ordinary contract law principles
Quick Consultation
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