Family Law
Practice Group Lead: Jenna Preston
Family law covers a wide range of issues, but many cases centre around the process of divorce or separation and the important decisions that follow. When a relationship ends, people often find themselves navigating multiple complex questions at once: How will parenting time be structured? How will major decisions about the children be made? What happens to shared property, assets, and debts? What documentation needs to be completed, and in what order?
These transitions can be stressful and emotionally demanding, especially when they involve children or significant financial changes. Family lawyers help you understand how the law applies to your situation, identify what needs to be resolved, and choose an approach best supports your goals. We assist with gathering financial information, preparing legal documents, drafting or reviewing agreements, and representing you in disputes when required.
Throughout the process, our team remains by your side. We explain each step clearly, help you weigh your options, and provide steady guidance so you can make informed and confident decisions, even during difficult times.
How we support
Relationships change, and sometimes they come to an end – and that’s okay. Separation and divorce are major life transitions, but they are also common and often necessary steps toward a healthier future for everyone involved. When a relationship ends, there are both emotional and practical decisions to work through, and many people are unsure where to begin. Family lawyers help bring structure and clarity to this process.
A separation typically involves resolving several interconnected issues: how property and assets will be divided, whether support will be paid, and how parenting schedules and decision‑making responsibilities will work if there are children. Sometimes, additional complexities are involved, such as jointly owning a business, holding significant investments, or navigating the needs of a blended family. These factors can add layers to the process, and understanding how Ontario family law applies in these situations is essential for reaching a fair and workable resolution.
We help clients identify what needs to be addressed, gather and organize financial information, understand how equalization and support calculations work, and explore options for resolving disputes. This may include negotiating a separation agreement, participating in mediation, or, when necessary, proceeding through the court system.
Throughout the process, our team remains consistent and accessible. We explain timelines, outline possible outcomes, and guide you through each stage so you can approach the future with confidence.
Marriage contracts, often referred to casually as “prenups”, are commonly discussed in popular culture, but the term “prenup” is actually an American one. In Ontario, the legal term is marriage contract, and it can be made either before marriage (similar to a prenuptial agreement) or after marriage (a postnuptial agreement). Regardless of timing, these agreements allow couples to set clear expectations about property, debts, financial responsibilities, and how certain issues will be handled if the relationship ends.
These documents are not about anticipating the worst. They are tools for clarity and transparency, particularly when partners have different financial backgrounds, own significant assets or businesses, or are entering a second marriage with blended family considerations. Having a well-structured agreement can reduce uncertainty and help couples enter or continue a marriage with a shared understanding of important financial matters.
A valid marriage contract requires full financial disclosure, independent legal advice for each partner, and wording that complies with Ontario family law. Our team helps couples understand the purpose and limits of these agreements, identify what should be addressed, and draft documents that clearly reflect their intentions.
Because circumstances and laws can evolve, we also assist with reviewing and updating older agreements to help ensure they remain accurate and enforceable. We support couples in making informed decisions that provide stability and reduce the likelihood of conflict in the future.
Child and spousal support exist to promote fairness and stability after a relationship ends. Child support ensures that children continue to benefit from the financial support of both parents, regardless of their living arrangements. It helps maintain continuity in a child’s day-to-day needs such as housing, food, clothing, and activities, and reflects the principle that both parents share responsibility for their children’s wellbeing.
Spousal support is designed to address economic disparities that can arise when partners separate. It recognizes that relationships often involve shared financial roles, sacrifices, or career decisions that leave one partner in a different financial position than the other after separation. The purpose is not to equalize incomes, but to ensure fairness, prevent undue hardship, and, in some cases, help a spouse become more financially independent over time.
Understanding how support is calculated can make the process more predictable. Child support is generally determined by federal and provincial guidelines, while spousal support is assessed using factors such as the length of the relationship, each partner’s financial circumstances, caregiving roles, and the economic impact of the separation. Calculations can become more complex when parents share parenting time equally, when income is variable or based on self-employment, or when one partner owns a business.
Our role is to help you understand what the law requires, what information you will need to provide, and what options are available for negotiation or adjustment. We assist with establishing support at the outset, reviewing existing arrangements, applying for variations when circumstances change.
Step-parent adoption allows a stepparent to become a child’s legal parent, with all the rights and responsibilities that come with that status. It is an important step for many blended families who want to formalize long-standing relationships or create additional legal stability for a child’s future.
Relative adoption (kinship adoption) allows relatives, such as aunts, uncles, grandparents or siblings, to adopt a child.
These types of adoption are unique because they often build on existing family bonds rather than creating an entirely new parent-child relationship.
It’s also important to note that relative and step-parent adoption is the only type of adoption our Family Law team handles. This focus allows us to work efficiently and thoughtfully within the specific legal framework and procedures that these adoptions require.
The process typically involves obtaining consent from the child’s legal parent (s) (where required), preparing and filing the necessary documents, and sometimes attending a brief court hearing. Because each family is structured differently, the steps and timelines can vary.
Our team helps understand the legal requirements, determine what documentation is needed, and prepare each part of the process in an organized and thorough way. We remain involved from the initial inquiry to the final order, ensuring the adoption is completed correctly and with sensitivity to your family’s dynamics
Frequently Asked Questions About Family Law
What is the difference between separation and divorce?
For family law purposes, the separation of married or common-law spouses occurs when at least one of them knows for certain that the relationship has ended and there is no hope of reconciliation. It is not necessary that both spouses feel the same way, or that the spouse for whom the relationship is over explicitly informs the other spouse of their feelings. However, it is important that the spouse for whom the relationship has ended behaves consistently with this new reality. This is crucial in case the date of separation becomes a contested point in resolving any legal issues or property disputes arising from the breakdown of the relationship. Ensuring clarity and consistency in these situations can help achieve justice for all parties involved.
Divorce for married spouses consists of a court Order dissolving their marriage. Most spouses resolve the parenting, property and support issues arising from their separation before obtaining a Divorce Order and, as a result, the ability to remarry is the most significant effect of divorce. As polygamous marriage is illegal in Canada, a newlywed who has been previously married must provide proof of his or her divorce by way of a Certificate of Divorce before a new marriage certificate can been issued.
Can I still be considered separated if I still live in the same house as my spouse?
It is possible to be separated for family law purposes in Ontario while continuing to live under the same roof as your spouse.
Whether spouses have separated depends on whether at least one of them knows for certain that the relationship has ended and there is no hope of reconciliation. It is unnecessary for both spouses to feel the same way and, where they disagree, a court will consider several contextual factors to determine whether they were, in fact, separated at a given point in time. For example, the court will consider how the spouses behaved towards each other within and outside of the home; whether they participated together or separately in community activities; how they portrayed themselves to members of their families and their friends; how they arranged their finances; and how they conducted themselves towards their children, if any. Although living and sleeping arrangements are relevant in this analysis, they are not necessarily determinative. The spouses’ conduct towards each other both inside and outside of their home is often a stronger indication of whether they were recognized as separated on the contested date.
At Nelligan Law, our recognized team of family law associates is here to provide you with the necessary information and collaborative support to aid you in navigating these complex issues.
How do I obtain a divorce in Ontario?
Canada has a no-fault divorce system, meaning that the only ground for divorce is the breakdown of a marriage. This is normally established by showing that the spouses have lived separate and apart for at least one year. Either spouse can apply to the court for a divorce; the law does not require the consent of both spouses to grant a divorce. Spouses can also bring a joint application for divorce.
Before granting a divorce, the court will ensure that there is no possibility of reconciliation between the spouses and that reasonable arrangements have been made for the support of any children of the marriage. If no arrangements are in place, or if the arrangements are inadequate, the court may delay the granting of a divorce until such arrangements are made.
If the application before the court is only for a divorce, meaning there are no other claims being made, and the other spouse is not contesting the divorce, the process is usually paper-based. In most cases, there is no need for a hearing or actual attendance at court.
How is child support calculated?
The amount of child support payable is determined by looking at the Child Support Guidelines for the province in which the payor parent resides, or, if the payor parent resides outside of Canada, the province where the recipient parent resides. Child support is based on the number of children and the income of the payor parent.
Who a child lives with governs who pays support. Normally, the parent with whom the child lives with less than 40% of the time will pay support to the parent with whom the child lives with more than 60% of the time (regardless of who has a higher income). However, if the child spends approximately equal time with both parents, the support payable by each parent is calculated based on their respective incomes, and whoever has to pay the higher amount usually pays the other parent the difference.
In addition to regular monthly child support, section 7 of the Guidelines gives the court discretion to award extra payments for special and extraordinary expenses. These expenses are shared proportionally based on each parent’s income. Examples of these expenses include daycare, uncovered medical and dental expenses, and post-secondary education.
Does child support end when my child turns 18?
Not necessarily. Child support is payable until a child reaches 18 years of age, but this obligation may continue if the child attends school on a full-time basis (usually until the end of their first post-secondary degree) or is unable for medical or other similar reasons to become financially independent. The question is one of dependency and is not strictly based on the age of the child.
The child support obligation may be interrupted if the child decides to temporarily interrupt his or her studies. The child support obligation will also be reduced in accordance with the child’s ability to contribute to his or her own needs by earning income from employment or by other means (such as scholarships) once he or she is over 18 years of age but still in full-time attendance at school.
In addition to regular monthly child support, section 7 of the Child Support Guidelines gives the court discretion to award extra payments for special and extraordinary expenses, which include post-secondary education. These expenses are shared proportionally based on each parent’s income, but an adult child will be expected to contribute to their section 7 expenses. For more information, our knowledgeable family law associates at Nelligan Law are here to help you understand your rights and obligations.
