Separation in Ontario

You do not need a court order or formal document to become separated in Ontario. Spouses may be considered separated when they begin living separate and apart as a result of the breakdown of their relationship.

The date of separation can have important legal consequences, particularly for property division, equalization and support. In some cases, spouses may disagree about when the relationship actually ended.

Separation also does not automatically resolve the legal issues between spouses. Depending on the circumstances, decisions may still need to be made about parenting, child support, spousal support, the matrimonial home, property and debts.

Divorce in Ontario

A divorce legally ends a marriage. Separation and divorce are therefore related but distinct legal concepts.

Many spouses resolve their family law issues through a separation agreement or court order before obtaining their divorce. Others have no outstanding parenting, support or property issues and simply require a divorce order.

We assist clients with both uncontested and contested divorce proceedings in Ontario and advise on the appropriate process based on their circumstances.

Uncontested Divorce Applications

Where the spouses are not asking the court to decide other disputed family law issues, an uncontested divorce can provide a relatively straightforward way to legally end the marriage.
We prepare the required divorce application and court documents, manage the filing process and guide clients through the procedural steps required to obtain a divorce order.
Kassa Family Law offers uncontested divorce applications for a fixed fee of $1,299 + HST.

Separation Agreements

A separation agreement allows spouses to resolve some or all of the issues arising from their separation without asking a judge to determine those issues.

Depending on the circumstances, a separation agreement can address:
 

• parenting time and decision-making responsibility;

• child support and section 7 special or extraordinary expenses;

• spousal support;

• property division and equalization;

• the matrimonial home;

• pensions, investments, businesses and debts; and

• other financial or parenting arrangements.
   

A carefully drafted separation agreement can provide certainty, establish clear obligations and reduce the likelihood of future disputes.

Parenting After Separation

Where children are involved, separation often requires parents to establish new arrangements for their care.
Parenting issues may include parenting time, decision-making responsibility, holidays, exchanges, travel, extracurricular activities and communication between parents. The best interests of the child remain the central consideration when parenting arrangements are determined.
We help parents negotiate practical arrangements and provide representation in family court when parenting issues cannot be resolved by agreement.

Child & Spousal Support

Separation may create obligations relating to child support and spousal support.

Support is not always a simple calculation. Issues can arise concerning income determination, entitlement to spousal support, retroactive support, arrears, section 7 expenses and changes in financial circumstances.
We advise both support payors and recipients on their rights and obligations and assist in negotiating or litigating support claims.

Property Division & Equalization

For married spouses, separation can trigger significant property rights under Ontario's family law legislation.
Determining an equalization claim may require identifying and valuing assets and debts at relevant dates, determining whether property is excluded and addressing issues involving the matrimonial home, businesses, investments, pensions and other assets.

Property issues can become particularly complex where financial disclosure is incomplete or the spouses disagree about ownership, value or exclusions.

Negotiating a Separation

Court is not the only way to resolve a separation.

Many family law matters can be resolved through lawyer-assisted negotiation, mediation or a negotiated separation agreement. The appropriate approach depends on the issues, the relationship between the spouses and whether meaningful compromise is possible.

Our objective is not to create litigation where it is unnecessary. We identify the issues that require attention and pursue a resolution strategy appropriate to the circumstances.

When Family Court Is Necessary

Sometimes negotiation does not produce a workable resolution or urgent issues require judicial intervention.
Family court proceedings may involve case conferences, settlement conferences, motions and, where necessary, trial. Interim court orders may also be required while the broader case continues.
When litigation is necessary, we approach it strategically. The decisions made during a family law case, the evidence presented and the conduct of the parties throughout the proceeding can all affect how the matter develops.

Fixed-Fee Divorce & Separation Services

Kassa Family Law offers fixed-fee options for certain divorce and separation services.

Divorce Application — $1,299 + HST
We prepare and file the required documents for an uncontested divorce in Ontario and guide you through the court process.

Separation Agreement — $2,599 + HST
We prepare comprehensive separation agreements tailored to the legal and financial issues arising from your separation.
Depending on the circumstances and the stage of the court process, fixed-fee pricing may also be available for certain family law litigation services.

Speak With a Divorce & Separation Lawyer

The end of a relationship does not always require a complicated legal battle, but it does require an understanding of your rights and the consequences of the decisions you make.
Kassa Family Law helps clients identify the issues that matter, understand their options and develop a clear strategy for moving forward.

Contact Kassa Family Law to discuss divorce, separation or an uncontested divorce application in Ontario.