Separation and Divorce in Ontario

The 6 Steps of The Common Sense Divorce


Orientation and Prep Session

All clients begin with a one-on-one Orientation and Prep Session. We meet with each spouse individually so that you both have the opportunity to freely discuss your personal story and ask all of your questions in a safe and private environment.

We will assess your overall situation and make sure you have a clear plan in place before you start spending money. We will initiate your financial plan, get you started gathering your documents and immediately put in place a credit protection plan. Before taking your next steps, we want to ensure that you understand the divorce process in Ontario. This includes understanding your rights, responsibilities and obligations and most importantly helping you to move forward with the correct negotiation process that is most applicable to you and your spouse.

Financial Analysis & Disclosure

Before anyone starts micro-dividing assets, let’s first gather all these individual financial pieces together and take a step back to look at the big picture.

Do we have everything? Do we really know the proper values? It is really important to understand that not all assets are the same. Even assets of similar face value may have completely differing cash values or tax implications and this requires smart financial analysis.

Disclosure is a process of instilling trust and reducing unnecessary concerns while empowering people to make wise money decisions. In Step 2, we get all this information gathered together, organized and ready to be used so that you can fly through the next steps without unnecessary delays.



Family Mediation

In Ontario, you do not need to go to court to negotiate your personal matters. In fact, in most cases it is faster and less expensive if you and your spouse can negotiate without involving the court. The Common Sense Divorce offers various versions of our Mediation Process, depending on the complexity of your file and the level of amicability between you and your spouse. We are experts at problem solving, creating options and generating solutions.

Remember, Mediation has numerous perks over the traditional legal process. Mediation has proven to be a more amicable legal process, proven to minimize negative impacts on children and proven to encourage creative solutions. It keeps a measure of control between you and your spouse and because you and your spouse worked through this together, mediated agreements are far more likely to stick.

Financial Strategizing of Assets

This is what makes The Common Sense Divorce unique. Working through the division of your family’s hard-earned assets is more than just pulling out the scissors and cutting them in half. This is about making a financial plan that allows you to retire on schedule, ensuring that you can still qualify for a mortgage and making sure that Revenue Canada is not getting more than their due share.

“When all of this is over can I actually live on this?” “Is there a smarter way of doing this?” “Are there other options that could make this easier for both of us?” Our Divorce Financial Specialist will sit with you and impart financial wisdom, play out some financial scenarios and ensure that your Separation Agreement makes good money sense.

If you need any assistance with Mortgages, Realtors, Life Insurance, Wills and Estates, Financial Planning, we have the professionals that can assist you with that as well.



Independent Legal Advice

When you and your partner have agreed to all of the issues that need to be dealt with, your negotiations are written into a legal contract called the Separation Agreement. It is important that your Separation Agreement is not only legally prepared in Ontario, but also legally enforceable and legally binding.  Part of the way this is accomplished is by making sure that each party receives independent legal advice (ILA).

Both you and your partner will each discuss with your own ILA lawyer, who will make sure that you understand what it is you are signing. They will give you a legal opinion on your Agreement and make sure that the final copy is drafted in a way that best reflects each of your intentions.

Uncontested Divorce Decree

One year after your date of separation and once all of the marriage's parenting, financial, property, and support matters have been properly dealt with, then you can apply for an Uncontested Divorce.

This is the final step in the divorce process. After your Uncontested Divorce applications have been filed with the courts, you will be granted your Divorce Decree.


Are You facing separation?

Deciding to separate is a big decision and warrants research. Make sure you understand how divorce and separation works in Ontario.

Whether you are just considering separation or facing separation now, The Common Sense Divorce offers  FREE access to the ODIN Platform, the Ontario Divorce Information Network which provides free research tools designed to help you better understand what is ahead of you.

Ontario Divorce and Information Network

The Common Sense Divorce is pleased to be a founding partner and core sponsor of the Ontario Divorce Information Network (ODIN).

The ODIN Platform is a Free Divorce information service for Ontario residents researching separation and divorce in the Province of Ontario.