WISDOM

How To Divorce In Ontario

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Ontario's Financially-Smart Divorce Solution

How Do I Start A Divorce In Ontario

When you’re going through a divorce, here’s the smart wisdom you rule:

DO IT RIGHT THE FIRST TIME!!

The people who don’t do it right the first time are the people that end up spending the really crazy money.

There are things you must tackle to make sure you’re not left picking up the pieces later on.

Let’s break it down in plain English:

What is the difference between separation and divorce?

Separation is the process of negotiating and resolving all financial and parenting issues. Divorce is the final legal step to end the marriage. The Separation Agreement is negotiated first and and then a divorce may be issued after one year has passed.

Why is the date of separation important?

The date of separation sets the legal starting point for everything else. It is used to determine how assets and debts are divided and how support payments are calculated. You need to be clear and consistent about this date.

What is financial disclosure and why does it matter?

Both spouses must provide full financial disclosure. That means listing all assets, debts, income, and providing supporting documents. This is required under Ontario law before a fair and legal separation agreement can be created.

What makes a separation agreement legally solid?

A proper separation agreement is drafted with legal and financial insight. It is more than just writing something on paper. This agreement must be legally enforceable and cover support, parenting, and the division of assets according to the Province of Ontario. If not done properly, it can be rejected in court or lead to future legal battles.

What should a parenting plan include?

A parenting plan should clearly outline decision-making responsibilities, parenting time, and how the children’s needs will be met. The clearer the plan, the fewer opportunities there are for conflict.

How is child support handled in Ontario?

Child support must be calculated according to provincial guidelines. It depends on income, the number of children, and living arrangements. You cannot negotiate below the legal minimum.

How is spousal support determined?

Spousal support is based on factors such as income difference, length of the relationship, and financial need. It can have serious tax implications and must be carefully considered.

How are assets and debts divided?

All property, savings, pensions, credit cards, and loans will be divided equally. Leaving anything out can cause major issues later.

What tax issues should I think about during divorce?

Divorce affects taxes. Real estate, spousal support, and RRSP transfers can all have tax consequences. Smart financial advice helps avoid costly surprises.

What happens to the matrimonial home?

You need to decide if one of you will stay or if the matrimonial home will be sold. Mortgage qualifications and potential taxes must also be considered. This is often the biggest financial decision in a divorce.

Do I need independent legal advice?

Before signing a separation agreement, each person should receive their own legal advice. This ensures the agreement is understood and enforceable.

How do I apply for a divorce in Ontario?

Once your separation agreement is negotiated, signed and in place and you have lived apart for at least one year, you can apply to the court for a divorce decree (uncontested divorce). This legally ends your marriage.

Why do I need to update estate planning documents after divorce?

Once divorced, update your will, powers of attorney, and beneficiary forms. This ensures your ex does not receive benefits if something happens to you.

Can I get remarried if I’m only separated?

No. Separation means you are still legally married. You must have a divorce decree before remarrying.

Do common law couples need a divorce?

No. Common law couples are not legally married, so they do not need a divorce. However, they may still need a separation agreement to divide finances and manage parenting.

How much does it cost to divorce in Ontario?

The money is typically spent on creating the Separation Agreement. The cost will depend on the legal process chosen by you and your spouse. Court battles and lawyers will cost over ten thousand dollars. Mediation is the most cost effective option. Investing in a proper agreement can save you thousands later. Once your Separation Agreement is signed you may apply for a divorce decree which will cost less than $1000.

Do I need a lawyer to divorce in Ontario?

You are not required to use a lawyer, but it is highly recommended to seek legal and financial guidance. Family Mediation is a wise option for those who want to avoid court.

What happens if I draft my own separation agreement?

Homemade agreements, also known as kitchen table agreements, are often flawed and may be rejected by the court. Without full financial disclosure and legal review, they can create expensive problems.

Do I need a reason to divorce?

You do not need to prove wrongdoing. In Ontario, you can divorce if you have been separated for at least one year.

Can I divorce if my spouse does not agree?

Yes. Only one person needs to apply. As long as you have lived apart for one year, you can apply for divorce.

Will I pay land transfer tax if I buy out my spouse?

Yes. Unless your separation agreement clearly qualifies under the land transfer tax exemption, you may owe tax on the transfer amount.

Can we be considered separated if we still live in the same home?

Yes. If both of you have agreed to separate and no longer act as a couple, you can be legally separated even if you live under the same roof.

If we try to reconcile but it fails, do we need a new separation period?

No, as long as the attempt to reconcile was less than ninety days. You do not have to restart the separation period.

Can non-citizens divorce in Ontario?

Yes. You can apply for a divorce in Ontario if either you or your spouse has lived in the province for at least one year, regardless of citizenship

Will I be taxed because of my divorce?

Maybe. Property transfers and support payments can have tax consequences. A well prepared separation agreement can reduce or eliminate these issues.

Do we split Canada Pension Plan credits?

Yes. The credits earned during the marriage are combined and divided evenly. This is called a division of unadjusted pensionable earnings. Your legal and financial team will help you apply.

BEFORE YOU HIRE A LAWYER, MEDIATOR, OR GO TO COURT

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Feeling lost in the maze of separation? Our 90-minute Divorce Discovery Zoom Session cuts through the confusion and will help you make a decision, make a plan and understand your first steps.

SOLO

Solo Discovery Session
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For individuals who have not yet made a decision or need to equip themselves with the right information. The SOLO Discovery Session will answer your questions, explain Ontario Law in simple English and give you the information you need to make your next decisions.

JOINT

Joint Discovery Session
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For couples seeking a legally smart and financially-savvy divorce. Addressing misconceptions and understanding options together is invaluable. The JOINT Discovery Session will align you and your spouse with facts—not opinions— the first step towards a smarter separation.

CHOOSE WISDOM
Whether attending solo or jointly as a couple, keep your separation straight-forward, amicable and cost effective.

Get straight talk about the legal and financial realities of divorce in Ontario.

It’s the information you need to make informed decisions.

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CONSIDER MEDIATION – Before Lawyer Litigation
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