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“Matrimonial Home” Rules Apply to “Spouses” Only: Spouses as defined by the Family Law Act have a right to equally divide the value of the Matrimonial home, but please note that special rules apply to this asset. When domestic partners are not “spouses” under the…

Unless parties can agree on these issues, this area of often presents one of the greatest challenges to settlement of a case. In addition, the needs of children change as they mature and this means that the optimal plan for their care can change over…

Sheard Law is a family law firm in Toronto and has professional and experienced family lawyers. Where the parties cannot agree on the rights and obligations that follow the breakdown of their relationship, proceedings are commenced by filing an Application with the court. The complexity…

Generally, the Child Support Guidelines (the “CSG”) establish an amount of Child Support based on the income of the paying parent. For this reason, income disclosure is a critical component of calculating support obligations. Click here to determine potential child support obligations. In the case…

Spousal support awards are designed to share the effects of a relationship (whether married or common law) on the income generating capacity of the partners. The basis of spousal support can be: Compensatory – to ensure that a party is adequately compensated for the career…

Whether you are married or in a common-law relationship, there is no such thing as “filing” for legal separation in Ontario. Rather, "separation" describes the point in time when spouses begin to live separate and apart. If the parties don't agree when separation took place,…

When it comes to property division, common law couples do not have the same rights as married couples. At the end of a common law relationship, one party often holds more property than the other. In appropriate circumstances, the courts will order that the economic…

The division of property can be simple or complex, depending on the individual facts of each case. This section provides an overview of the general principles that govern this process. To divide property, the parties must establish their assets and debts on the date of…

Whether a client comes out of a marriage, or a common-law relationship, a separation agreement allows a great deal of flexibility in customizing the details of any future dealings with the other party, and can settle things such as ongoing support obligations, parental relationships, and…

This article explains divorce procedure. If you are looking for information about your legal rights and obligations after relationship breakdown, please click on any of the links below, or select the appropriate topic from our "Services" menu. In Ontario, the simplest way to get a…