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Client Quotes" Thank you for helping me to quickly sign a separation agreement and remain on good terms with my former spouse, which really means a lot to my children "
B. E., Toronto, ON
" Thank you for defending my rights in court with such energy and dedication"
O.I., Scarborough, ON
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 Family Law
 Introduction
Ambridge Law involves our clients and gives you an active role in your case. Since family law matters are so fact-intensive, we partner with our clients to achieve the optimum result. We know the law and you know the facts (the unique circumstances of your marriage or relationship). Together, we will find the best legal options to resolve your legal matter.
Ambridge Law works hard to resolve your family law issues through negotiation and settlement. If such resolution is not possible, Ambridge Law will represent you in the courtroom and fight for the best possible result for you.
Our family law team concentrates on all family law matters including separation agreements, uncontested divorces (when both spouses agree to divorce), and divorces with unresolved issues.
Ambridge Law deals with: custody and residence of children, access with children (visitation), child and spousal support, as well as property division and equalization. Our family law team also deals with variations of previous court orders, adoption of children, annulment of marriage, as well as grandparents’ rights cases.
Ambridge Law can provide you with legal advice before marriage. We prepare marriage/cohabitation agreements so that you can decide family issues before marriage.
We also provide opinion letters to recognize your or your future spouse’s foreign divorce in accordance with Canadian legal requirements. 
Cohabitation and Marriage
What is cohabitation?
Cohabitation: In Ontario, under the Family Law Act "common law spouses" mean persons who, though not legally married to each other, have lived together continuously for a period of at least three years. This also includes persons who are the natural or adoptive parents of a child and have lived in a relationship of some permanence (even if less than three years). These definitions include same-sex partners. Custody of and access to children born to a common law couple are treated exactly the same way as if the couple were married. The focus is on the best interests of the child involved. Child support and spousal support are calculated the same way for common law spouses as it is for legally married spouses.
What is marriage?
Marriage: In June 2003, the Ontario Court of Appeal redefined the common law definition of marriage as the "voluntary union for life of two persons to the exclusion of all others". Under Ontario law, marriage requires persons to have participated in a ceremony or form of marriage that is recognized as valid in Ontario.
Same-sex spouses: As a result of the Court of Appeal’s decision in 2003, marriages between same-sex couples are now legal in Ontario. In July 2005, the federal government also amended the Divorce Act (Canada) to allow married same-sex spouses to obtain a divorce.
Remarriage and Foreign Divorce: If you intend to re-marry but were previously divorced outside of Canada, Ontario law requires you to obtain a letter of opinion from a family law lawyer regarding the recognition of your foreign divorce. Ambridge Law will be happy to provide you with our legal opinion and reasons why your divorce should be legally recognized in the Province of Ontario.
Opinion Letter for Recognition of Foreign Divorces for Marriage in Canada
If two people wish to marry in Ontario and one or both of them has/have previously divorced outside of Canada, the divorce must be reviewed and recognized for purposes of determining their marital status in Canada. An additional authorization must be obtained from the Ontario government, and this authorization must be presented before the marriage license is issued. In order to obtain this authorization, the following documentation must be submitted to the Office of the Registrar General:
- Original or court-certified copy of each divorce decree. When the decree is in a language other than English or French, a certified translation is also required;
- Letter of opinion from an Ontario lawyer that each divorce decree would be recognized in Ontario;
- Marriage License Application;
- Statement of Sole Responsibility, which states that the validity of a foreign divorce remains the responsibility of the licence applicant, and that the Ontario government assumes no responsibility if the foreign divorce turns out to be invalid.
The presence of a prior foreign divorce considerably lengthens the time required to obtain a marriage license in Ontario by some months.
To prepare the Letter of Opinion, a lawyer requires the following:
- Original or court-certified copy of each of the original decrees of divorce, and a certified translation of these documents;
- Information about the jurisdiction (state) of residence of each of the parties to the divorce at the date the divorce was granted;
- Information about the length of time the parties to the divorce had been ordinarily resident in that jurisdiction immediately prior to the date of application for divorce; and
- Marriage License Application, signed by both parties.
Canada will now recognize a foreign divorce if either party to the divorce was ordinarily resident in the foreign jurisdiction for one year preceding the application for that divorce. This scope of recognition applies to all divorces granted after February 13, 1986.
In the opinion letter a lawyer will analyze the person’s unique circumstances and apply not only current legislation, but also case law. There are many situations in which someone could be said to have a “real and substantial connection” with a jurisdiction and yet not be ordinarily resident in that jurisdiction for a year.
Marriage, Cohabitation and Separation Agreements (Domestic Contracts)
Marriage Agreement/Contract (also called Pre-nuptial Agreement)
Marriage Agreements can be entered into by people who intend to marry or people who are already married. If you have real property (that is, a house, condominium, cottage or commercial property) or a significant amount of other assets or you wish to handle future financial issues in a predetermined way, consider preparing a Marriage Agreement. Without a Marriage Agreement, if your relationship breaks down your property will be divided according to Ontario law, resulting in your spouse receiving property that neither of you intended for your spouse to have (see Property Division and Equalization for greater discussion of this topic). A properly drafted Marriage Agreement can settle the mutual intention that you both have prior to your marriage. Ambridge Law has the experience to help you prepare a Marriage Agreement in accordance with your instructions and with legal requirements.
Cohabitation Agreements
When making the decision to cohabit (or live) with someone, people often do not consider the legal effect that this may have. You may not be aware that your cohabiting partner may be entitled to a portion of your property or to financial support from you if your relationship breaks down. If you do not intend for your partner to receive a division of your property, you should consider preparing a Cohabitation Agreement. Ambridge Law has the experience to help you prepare a Cohabitation Agreement in accordance with your instructions and with legal requirements.
Separation Agreements
The most common domestic contract negotiated between couples is a separation agreement. To enter into a separation agreement, you and your partner must have cohabited and must now be living separate and apart. However, couples who continue to live under the same roof may still be considered to be living separate and apart if they are living independent lives.
Separation agreements deal with custody and access to children, financial support arrangements, division of property, and estate considerations. However, be aware that a family court may disregard provisions in a separation agreement regarding children, where it is in the best interest of the children to do so.
Whether it is a marriage contract, cohabitation agreement or separation agreement, to be considered a valid domestic contract in Ontario, the following conditions must be met:
- The domestic contract must be in writing, signed by both parties and their signatures witnessed by other persons;
- Both parties must participate in the negotiation of terms of the domestic contract and have reasonable time to consider the terms of the domestic contract (without being under pressured to sign because of an imminent deadline such as the wedding date set to occur just a few days away);
- Both parties must enter into the domestic contract voluntarily, without fear, threats, duress or influence by the other;
- Both parties must understand the terms of the domestic contract and how such terms may affect them in future; to do so, both parties should have independent legal advice from separate lawyers, to explain the terms of the domestic contract and their respective rights and obligations under family law;
- Both parties must provide full disclosure of their circumstances, including all information regarding their finances; and
- The domestic contract must be reasonable and fair, taking into consideration the parties’ individual circumstances.
Amending or Setting Aside Domestic Contracts
If you have already entered into a domestic contract, but you have concerns about its fairness or validity, Ambridge Law can review your existing domestic contract and advise you of your options. You may wish amend the domestic agreement between you and your spouse or have the domestic contract set by the court.
If you and your spouse wish to amend the domestic agreement, under appropriate conditions Ambridge Law can prepare an amending document, revising the terms of the domestic agreement in writing.
If your spouse is not agreeable to voluntarily amending the domestic contract, an application may be made to the family court to set aside the domestic contract for one of three reasons: 1) one party has failed to disclose to the other significant assets or debts that existed at the time the contract was entered into; 2) one party did not understand the nature or consequences of the contract, and did not have independent legal advice before signing; or 3) for general reasons under contract law, such as undue influence, mistake, misrepresentation, etc.
The family court may set aside the domestic contract if the terms of the domestic contract result in unconscionable (unreasonable) circumstances for either party.
Due to the court’s power to set aside agreements, parties should not enter into agreements where there has been little or no financial disclosure. In addition, parties should be wary of signing a domestic contract when one party refuses to obtain independent legal advice from a lawyer regarding his or her rights and obligations under the contract.
Separation and Divorce
The decision to separate or divorce is a very difficult one to make, particularly if children are involved. At Ambridge Law, we can help you through this emotionally and legally demanding time. In any separation and divorce, there are complex issues to sort out, including child custody and access to children (visitation), child and spousal support, division of assets, property and debts, business issues, and other issues. We have the experience and knowledge to help you proceed smoothly through your separation or divorce.
Separation means to cease living together and conducting yourselves as spouses, with the intention not to live together again. This may include situations where you continue to live in the same residence for the time being, but “separate and apart under the same roof”. The intention to separate need not be joint and mutual, but one party must withdraw from the matrimonial relationship with the intent of permanently ending the marriage.
Divorce is the termination of the legal relationship of marriage between spouses due to the breakdown of marriage, based on the grounds of any one of the following:
- separation of one year or more, by naming a date of separation related to a significant event indicating the breakdown of the marriage (for example, irresolvable disagreement that affects your ability to remain spouses, or one party moving out of the home, or permanently separating your finances, or other significant events);
- adultery, which must be proven and naming the other party to the adultery;
- physical or mental cruelty, which must be proven.
Although these three grounds of marriage breakdown are available, the commonly used one is separation for at least one year preceding the granting of the divorce order. Please note that you may commence an application for divorce at any time after separating, even if you have not yet lived apart for one full year.
The Divorce Act encourages attempts at reconciliation by allowing spouses to cohabit for a single period, or a total of several periods, amounting to no more than 90 days without interrupting the one-year separation period relied upon to establish the breakdown of marriage.
To apply for divorce either spouse should be ordinarily resident in Ontario for at least one year before the commencement of the divorce proceeding. It means that the party claiming a divorce can rely on his or her residence in Ontario or the residence of the other spouse in Ontario, to obtain a divorce in Ontario.
Either spouse may apply for divorce as early as the day after separation begins, but the final divorce order cannot be granted by the court until one year of separation has expired.
Simple Divorces: if neither spouse disputes the ground for divorce, and if they are able to reach an agreement on all issues, in particular regarding children and financial arrangements, it is possible to request an uncontested divorce without requiring the parties to attend court. In an uncontested divorce application, the only request is for a divorce without claims for other issues. However, even in an uncontested divorce the parties should retain a family law lawyer to ensure that all procedures and deadlines are met and followed correctly, and to ensure that the divorce order actually means what the parties intended.
In an uncontested divorce, it takes approximately 3 to 4 months before your divorce will be finalized by the court, but there is no guarantee about timing. If you are planning to remarry, you should not make any definite plans for a specific wedding date until you have your final divorce order from the court.
Other divorces: when you and your spouse cannot come to an agreement regarding more complex issues of your divorce or if you have competing claims, you may require negotiation or legal representation in court to reach a resolution. Our family law team is sensitive to your unique situation, and we will protect your interests as aggressively as necessary. If you are required to go to court for a contested divorce, you will want Ambridge Law’s experienced family law litigation team on your side.
Custody and Access
Ambridge Law will guide you through the procedures for custody and access so that you will be fully informed at every step. Ambridge Law explains the laws, legal procedures and your rights and entitlements to you, so that you fully understand your legal options. Ambridge Law carefully listens to your priorities and concerns, so that we can accurately articulate your wishes and address your concerns during negotiations and at court. Our family law team can help you reach sound decisions that protect the future of your children, and your relationship with them.
Custody: The word “custody” is sometimes used to mean mere physical custody and day-to-day care of the child. At other times, it is used in a broader sense to mean the full bundle of rights and responsibilities of a parent to a child. Custody means the control and guardianship of a child given to an adult by the court or under a separation agreement between parents. This generally includes physical care of the child and the legal responsibility to make decisions for the child regarding education, religion, and health care, as well as to provide food, clothing, and shelter for the child.
There are two types of custody: joint custody and sole custody. For more information about the difference between joint and sole custody and/or to receive individual legal advice for your case, please contact Ambridge Law.
Please note that custody differs from access.
Access: This can be regarded as a form of temporary care of the child (sometimes called visitation). Access is considered to be a right that belongs to the child, so that the child may have contact and maintain a relationship with a parent or other person seeking access. Access is not intended to be the mere right to visit a child. Access is intended to facilitate a meaningful, continuing, post-separation relationship between the child and access parent.
Access takes place at the convenience of the child’s schedule, and in accordance with the child’s age and stage of development. An access schedule can be increased as the child grows older and more independent from the custodial parent. It is always preferable to have some form of written access schedule that both parties have agreed to follow. The written access schedule can be flexible and changed from time to time, if both parties agree.
At Ambridge Law, we can negotiate a comprehensive access schedule for you, taking into consideration your child’s needs, annual holidays, long weekends, your family’s religious observances, and school vacation periods. Ambridge Law will assist you in resolving access issues.
Variation of Custody/Access Orders: Custody and access orders are not carved in stone. Family law takes into account that parents’ and children’s circumstances and schedules may change over the years. A parent who wishes to vary a custody or access order can apply to the court for a change based on the condition, means, needs or other special circumstances of the child or parent.
Ontario family law regarding custody and access applies to common law or same-sex parents in the same way as married parents, to negotiate or apply for custody and/or access orders from the court. The court’s primary concern in any custody or access proceeding is to uphold the best interests of the child.
Mediation: Please see the section titled "Mediation".
Child Support
Child support is considered to be a right of the child, because the child is entitled to a reasonable life style in accordance with the parents’ financial means. It is a parent’s statutory obligation to pay child support if the child is not living with that parent.
Generally speaking, the parent with whom a child primarily resides will receive monthly child support from the other parent. In some instances, however, the issue of child support is not as straightforward as it would appear. There can be other factors to be considered. For example, a person who is not the biological parent of the child may still have a duty to provide financial support for the child if that person has taken on an economic or parenting responsibility for that child in the past.
In all cases, the amount of child support is calculated on the basis of the Child Support Guidelines, which stipulate a pre-set amount of child support to be paid based on the payor’s level of income and the number of children requiring financial support. However, other factors such as the child’s special needs, a parent’s drastic change in income or a parent’s obligation to provide financial support for others may affect the amount of child support to be paid. In such cases, child support may be increased or decreased depending on your case’s special circumstances.
In addition to the basic pre-set amount of child support, parents may also be required to share the cost of additional expenses such as day-care, medical and dental expenses, extracurricular activities, and university education. Ambridge Law will assist you in determining what share each parent should pay for these additional expenses.
If you are concerned that you may be liable for child support or wonder whether you are able to claim child support following separation, please contact Ambridge Law to discuss your case.
Child Support Calculator
This Child Support Guideline Calculator can be used to for a preliminary review of the basic amount of child support to be paid. These pre-set child support amounts are based on the child support payor's annual income to the nearest $1,000.00 and the number of children entitled to child support. The actual child support amount you may be required to pay could vary depending on your individual circumstances.
To use the Child Support Guideline Calculator:
- go to the Ontario government website www.justice.gc.ca/en/ps/sup/lookup/index.asp;
- enter your total annual income (before income taxes or deductions) to the nearest $1,000.00;
- enter the number of children;
- enter the name of the province, Ontario; and
- finally, press the Lookup button to review the monthly Child Support Payment.
Please contact Ambridge Law to discuss your child support calculations and other circumstances that affect child support amounts.
Spousal Support
Spousal support (sometimes referred to as “alimony” or “maintenance”) refers to financial support for either spouse designed to provide temporary support or maintain financial status during separation or after the divorce. For separating couples, the amount of spousal support they will receive or provide is a major concern. Ambridge Law will provide you with information regarding the legal guidelines, ambiguities, special circumstances, and individual concerns for spousal support.
The Family Law Act and Divorce Act give the court the authority to order a person to provide support for his or her dependants and to determine the amount of this support. Even if you are not married, you can be defined as a “spouse” under the Family Law Act for the purposes of spousal support.
Unlike child support, the entitlement to the spousal support is not automatic under family law. Spousal support is determined on a case-by-case basis, generally taking into consideration the following factors:
- one spouse’s financial need;
- the other spouse’s ability to provide financial support; and
- that each spouse is required to make best efforts to support himself or herself, if possible.
There are other factors that may also be considered, for example, the length of the marriage and ages of the spouses at separation, a spouse’s domestic and child-rearing responsibilities during the marriage, contribution to the other spouse’s successful career, and loss of income and career potential during the marriage. Please contact Ambridge Law to discuss your individual circumstances that affect claims for spousal support.
Spousal support for cohabiting couples (common law spouses and unmarried same-sex spouses) is determined the same way as it is for legally married spouses.
Property Division and Equalization
Property division can be accomplished by a negotiated agreement or by a court order. Division of property is different for married spouses than for common-law spouses.
In Ontario, for married spouses, the approach to property division is very much a mathematical formula. In theory, each party should walk away with an equal share of the growth in assets that accumulated between the date of marriage and the date of separation (equalization).
To determine what the amount of equalization would be, we add up the net worth of one spouse, the net worth of the other spouse, and compare the two totals. The lower net worth is deducted from the higher net worth producing a difference in total net value. The difference is divided by two, and that is the amount which would be paid to the spouse with the lower net value for equalization. The goal is to equalize the two parties’ net worth at the end of the marriage.
Whether you are negotiating a separation agreement or are involved in a family court proceeding, there are specific financial documents that are required to determine each party’s net worth. Our family law team will help you prepare your financial documents to accurately determine the issues of division of property and equalization.
Matrimonial Home: The matrimonial home is in a special category of its own for division of property which only applies to married couples. The value of the matrimonial home may or may not be divided between you and your spouse, depending on several factors that existed during the marriage. You may have to share the value of the matrimonial home with your spouse even if you owned the matrimonial before you were married and still hold sole title to the property.
Depending on your circumstances, the signing of a marriage agreement is one possible way of excluding the matrimonial home from division of property. Please contact Ambridge Law to discuss your concerns regarding the matrimonial home.
Property Claims for Non-married Spouses: unless a common law couple (including unmarried same-sex partners) have signed a cohabitation agreement specifying how the parties will manage or divide their assets, there is no current legislation in Ontario that applies to the division of property for unmarried spouses. Persons leaving a common law relationship must prove that he/she contributed to the other party’s property or assets before obtaining a share of assets owned by the other party.
However, your contribution to the other party’s assets may not necessarily be a financial contribution. For example, if you contributed to the maintenance or improvement of a residential property, you may have a claim for an interest in that property, based on the principals of fairness and against the unjust enrichment of one party at the expense of the other.
Please contact Ambridge Law to discuss your concerns regarding division of property in a common law relationship.
Adoption
Children may be adopted in Ontario:
- by a step-parent or other relative;
- from a Children’s Aid Society;
- privately from a licensed individual or private adoption agency; or
- from a licensed international adoption agency.
The most common requests respecting adoption matters dealt with by Ambridge Law are requests for adoptions by step-parents or relatives.
Step-parent adoption involves an application made to the family court for an adoption order either individually by the spouse of the child’s parent or jointly with the child’s parent. The definition of spouse includes married partners and partners living in a common law relationship, whether of the opposite or same sex. Both the applicant and the child must be residents of Ontario for the court to make an order.
Adoption by a relative: Ontario‘s adoption legislation defines a “relative” for the purpose of adoption as “the child‘s grandparent, great-uncle, great-aunt, uncle or aunt, whether by blood, marriage or adoption.”
If you fall into one of these categories and you wish to adopt the child of your spouse or a child to whom you are a “relative”, Ambridge Law can advise you and guide you through the adoption procedure.
If you wish to adopt an Ontario child who is related to you in a manner different than the Ontario legal definition of a relative given above, you must meet the same requirements as all other adoptions (homestudy, involvement of a licensee and approval of the adoption by the Ministry).
If you are interested in any of the other means of adoption or foreign adoption, relevant information may be found at the following Ontario government website: http://www.children.gov.on.ca/CS/en/programs/Adoption/default.htm
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