Wills & Estates
Why Every Ontario Adult Needs a Will and Powers of Attorney
What happens in Ontario if you die without a will or lose capacity without powers of attorney, and how three documents protect you and your family.
4 min read
Practice area
Family Lawyer in Mississauga
The end of a relationship brings legal, financial and emotional questions all at once. We give clear, practical advice so you understand your rights and obligations, and we work towards fair, lasting arrangements for you and your children.
Many family matters can be resolved by agreement. Where that is possible, we help you get there efficiently; where it is not, we explain your options, including court.
How we help
Family Law services
Separation agreements
Written agreements covering parenting, support, property and the family home.
Divorce
Uncontested and joint divorce applications and related advice.
Child support
Calculating, reviewing and changing child support under the federal guidelines.
Spousal support
Advice on entitlement, amount and duration of spousal support.
Division of property
Equalization of net family property and issues involving the matrimonial home.
Cohabitation and marriage contracts
Agreements made before or during a relationship that set out how property and support will be handled.
Separation and separation agreements
Ontario does not require you to register a separation. You are generally considered separated when you and your spouse live separate lives, which can happen even under the same roof. A separation agreement records how you will handle parenting, support and property. To be enforceable it must be in writing, signed by both parties and witnessed.
Each person should receive independent legal advice before signing, which helps make the agreement fair and harder to challenge later.
Divorce
Divorce is governed by the federal Divorce Act. The most common ground is that spouses have lived separate and apart for at least one year. Uncontested divorces are usually dealt with in writing through the Superior Court of Justice, and a divorce generally takes effect 31 days after the order is made.
Child and spousal support
Child support in Ontario is generally calculated using the Federal Child Support Guidelines, based on the paying parent's income and the number of children, with possible contributions to special or extraordinary expenses such as childcare and medical costs.
Spousal support depends first on entitlement, which may be based on need, compensation or contract. Where support is payable, the Spousal Support Advisory Guidelines are commonly used to estimate a range. Unmarried partners may also be entitled to support, for example after living together for at least three years or where they have a child together and a relationship of some permanence.
Dividing property
Married spouses in Ontario do not simply split each asset in half. Instead, each spouse calculates the growth in their net worth during the marriage, and the spouse with the larger increase usually pays half the difference to the other. The matrimonial home is treated differently from other property. Common-law partners do not have the same automatic property rights, and strict deadlines apply to property claims.
If you have safety concerns, call 911 in an emergency. Let us know about any safety issues so we can take them into account.
What to expect
How your matter will proceed
Step 1: Confidential consultation
We listen to your situation, identify the key issues and explain your rights and options.
Step 2: Financial disclosure
Both parties exchange income and property information, which is the foundation of any fair agreement.
Step 3: Negotiation
We negotiate on your behalf, directly or through mediation, towards a written agreement.
Step 4: Finalizing
We finalize and sign the agreement, and advise on next steps such as a divorce application.
Documents to gather for a family law consultation
- Your marriage certificate and the date you separated
- Income tax returns and notices of assessment for the last three years
- Recent pay stubs or other proof of current income
- Statements for bank, investment, pension and RRSP accounts
- Mortgage, loan and credit card statements
- Any existing agreements or court orders
Questions
Family Law FAQ
How long do we need to be separated before we can divorce?
Most divorces are based on living separate and apart for at least one year. You can start the paperwork and resolve parenting, support and property during that year.
Do common-law partners have the same rights as married spouses?
Not for property. In Ontario, the equalization rules apply only to married spouses. Common-law partners may still have support rights and other claims, so it is important to get advice.
How is child support calculated?
In most cases, by using the Federal Child Support Guidelines tables, which are based on the paying parent's income and the number of children, plus a share of certain special expenses.
Do we have to go to court?
Not necessarily. Many families resolve their issues through negotiation or mediation and record the result in a separation agreement. Court may be needed if there is no agreement or an urgent issue arises.
Is a separation agreement legally binding?
A properly prepared, signed and witnessed separation agreement is binding, and it can be filed with the court for enforcement of support. Agreements may be set aside in some circumstances, such as a failure to disclose significant assets.
Learn more
Related resources
Related practice areas
Other ways we can help
Talk to a lawyer about your family law matter
Book a consultation with Baljit Singh Sandhu at our Mississauga office. We will listen, explain your options in plain language, and discuss fees before any work begins.