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Family Law
Insights and guidance on divorce, custody, support, and property division in Ontario
Date of Separation: Why Family Court and the CRA May Not Agree
One Separation, Two Different Dates When a couple separates in Ontario, one of the first questions that arises is: what is the date of separation? The answer matters enormously. It affects property division, support obligations, tax filing status, and government benefits. But here is something that catches many people off guard — the date of separation for family law purposes and the date of separation for tax purposes are not necessarily the same. Ontario family law and the
Ken Wise
Apr 34 min read
How Property Is Divided in an Ontario Divorce: Equalization Explained
One of the biggest concerns for anyone going through a divorce in Ontario is what will happen to their property. How are assets divided? Will you have to sell the family home? What about pensions and investments? Ontario has a specific legal framework for dividing property on marriage breakdown, and understanding it is crucial to protecting your financial future. Ontario Uses Equalization, Not Equal Division A common misconception is that everything gets split 50/50 in a divo
Ken Wise
Mar 213 min read
Do You Need a Lawyer for a Separation Agreement in Ontario?
When a relationship ends, one of the first legal questions many people ask is whether they need a lawyer for a separation agreement. The short answer is: you are not legally required to have a lawyer, but getting one is strongly recommended. Here is why, and what you need to know about separation agreements in Ontario. What Is a Separation Agreement? A separation agreement is a legally binding contract between two people who have decided to live apart. It sets out how you wil
Ken Wise
Mar 213 min read
5 Things You Need to Know About Child Custody in Ontario
Child custody disputes are among the most emotionally charged aspects of family law. If you are a parent in Ontario facing a separation or divorce, understanding how custody works is essential to protecting your relationship with your children. Here are five critical things every Ontario parent should know. 1. Ontario Law Uses the "Best Interests of the Child" Standard The single most important principle in Ontario custody law is the best interests of the child. Under the Chi
Ken Wise
Mar 213 min read
What to Expect During a Divorce in Ontario: A Step-by-Step Guide
Going through a divorce is one of the most stressful experiences anyone can face. If you are considering or beginning the divorce process in Ontario, understanding what lies ahead can help reduce anxiety and empower you to make informed decisions. This guide walks you through what to expect at each stage. Grounds for Divorce in Ontario In Canada, there is only one ground for divorce under the Divorce Act: breakdown of the marriage. This can be established in three ways. The m
Ken Wise
Mar 213 min read
Court of Appeal Upholds Trial Judge's Finding on Date of Separation in Family Law Dispute
Alsous v. Shahin, 2024 ONCA 358 (Court of Appeal for Ontario) When the Date of Separation Determines Everything In family law, the date of separation can have enormous financial consequences. It determines the valuation date for the division of property, the duration of spousal support obligations, and the scope of assets that fall within the equalization calculation. In this case, the parties fundamentally disagreed about when their marriage had ended — the wife argued it wa
Ken Wise
Mar 182 min read
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