Separation and Divorce
The breakdown of a marriage can be overwhelming without the legal issues the break-up may create. It is emotionally exhausting for all parties involved (children too!).Some couples can work together to make compromises and settle matters outside of Court. This can be achieved through alternative dispute resolutions such as settlement meetings, counsel-negotiation or mediation in Toronto. Once an agreement is reached, it is highly advisable for same to be formalized into a Separation Agreement drafted by counsel. Separate lawyers will need to be involved: one to draft the agreement and the other to review and make changes, if any.
Other couples simply cannot meet eye-to-eye or even come to the table to negotiate. These parties can resolve their matters by using separate lawyers in Etobicoke and going through the Court process. The length, cost and strategies involved in finalizing a divorce through this route vary depending on different issues and choices the parties make. No two cases are the same and no two outcomes are the same.
In Canada, there are three main types of divorce you should know about: uncontested, contested, and joint divorce.
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all major issues, such as child custody, spousal support, and property division. It is usually quicker and less expensive since it forgoes the need for a lengthy court battle.
Contested Divorce
A contested divorce happens when spouses cannot agree on one or more key issues and often require court intervention. It can be more complex, time-consuming, and costly. At Noori Law, we have handled complex divorce cases and are here to help you. Schedule a free consultation today.
Joint Divorce
A joint divorce is when both spouses file for divorce together and mutually agree on all terms. It is similar to an uncontested divorce but involves a collaborative approach from the start. They also are more amicable and can be processed more quickly since both parties are working together from the beginning.
If you’re considering separation or divorce and need guidance, our family lawyers in Etobicoke are here to help!
Whichever way you slice it, you will need some assistance in navigating through this process and we would be happy to help you. Whether it be in a boardroom or a Courtroom, we have the knowledge, expertise and skill set to get you through this difficult time. If you have any questions about your particular situation, please contact us.
Commonly Asked Questions About Separation and Divorce
When can spouses skip court and settle privately?
Spouses can settle privately if both parties agree on major issues like property, custody, and support. Both parties must have their own legal representation, and can document the resolutions in a separation agreement. Court is only needed when there’s disagreement, a risk of unfairness, or concerns about safety. Private resolution often saves time, money, and emotional stress.
How is spousal support determined in high-asset cases?
In high-asset divorces, support is still based on need and entitlement, not just wealth. Courts consider the length of the relationship, roles during the marriage, and any financial disadvantages. The Spousal Support Advisory Guidelines offer a range, but judges may deviate when income levels exceed standard thresholds or involve complex holdings.
What qualifies as “irreconcilable differences”?
Canada uses “no-fault” divorce, which means you only need to show that the marriage broke down. Living apart for at least one year counts as irreconcilable difference. You don’t need to prove cheating, abuse, or blame. Family law focuses on whether the relationship can continue, not why it ended.
Can abuse or coercive control affect custody or support?
Yes. If a parent has a history of abuse or coercive control, courts may restrict their parenting time or require supervision. Emotional and psychological abuse are taken seriously in Canada. It may also impact spousal support if the abuse affected the victim’s ability to earn or leave the relationship safely.
What rights do common-law spouses have in Ontario?
Unlike married couples, common-law spouses do not have automatic property rights in Ontario. However, they can still claim spousal support and may seek a share of assets under “unjust enrichment” or “joint family venture” claims. The longer the relationship and the more financially intertwined it was, the stronger the legal case.
How do Ontario courts handle complex financial portfolios?
Courts often appoint financial experts to trace and value investments, real estate, and business interests. Full financial disclosure is required, including tax returns, corporate records, and trust documents. Judges consider the value at separation, tax impacts, and whether the asset was shared or excluded, like inheritances or pre-marital property.