Divorce in Canada – The Importance of Retaining A Lawyer

Canadian divorce law is governed by the Divorce Act and sets forth the process for filing for and being granted a divorce by the court.

Finding an Experienced Family Lawyer

When a couple decides to divorce, one of the first steps each person needs to take is to find and retain an attorney with experience in family law. Personal referrals are one route to finding a family lawyer. Another source of referral in Ontario is the Law Society of Upper Canada Lawyer Referral Service. This organization refers individuals to qualified divorce attorneys in Toronto who will provide 30 minutes of free counseling.

The Separation Agreement

Separating does not automatically end a marriage. Under Canadian divorce law a couple must be separated for a minimum of one year before a divorce can be granted. It is important that a couple filing for divorce each retain legal counsel to assist them in crafting a separation agreement that resolves all of the issues related to the divorce.

The Divorce Act specifies that marriage is an “equal economic partnership.” Accordingly, property from the marriage is divided in half at divorce. Negotiations through attorneys provides an opportunity for the divorcing couple to agree on how property will be divided. The separation agreement also determines financial support for a dependent spouse and children.  The court can issue a temporary order to allow the parties to resolve an unsettled matter.

It is often helpful to bring in a mediator or arbitrator to assist the couple in finalizing the settlement agreement. Most family law attorneys can arrange for this service. Both spouses must also attend a Mandatory Information Session (MIP). The MIP provides information about adjusting to a divorce and different ways to resolve disputes.

Filing for the Divorce

Once a tentative separation agreement has been reached, the court schedules a case settlement conference to discuss and unresolved issues with a judge. The judge may offer advice and does not make any decisions. Statistics reveal that 90% of divorces are settled before they go to trial.

While a couple can file for a divorce prior to the end of the one year separation period, the divorce will not be granted or final until a divorce court judge rules. In Canada a divorce can be sought on three grounds:

• The couple has lived “separate and apart” for one year.
• Adultery
• Mental or physical cruelty

Divorces can be uncontested or contested; messy or simple. Once the judge rules and grants a divorce, the order is finalized after 30 days from the ruling date. At that point the persons involved can file for a Certificate of Divorce.

Coping with divorce law issues is stressful enough. Let one of our experienced Toronto Family Lawyers be your helping hand.