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Family Law · Liberty Village, Toronto

Family Lawyer for Liberty Village Families

Our family practice acts for Liberty Village clients in separation and divorce, decision-making responsibility and parenting time, child and spousal support, and the domestic contracts that hold families' agreements together. Liberty Village is part of Toronto, around the converted brick-and-beam blocks around Liberty Street and Hanna Avenue, west of the downtown core. Toronto region matters are heard at the Superior Court of Justice on University Avenue, with Ontario Court of Justice family sites across the city.

Free 15-minute intake call — $199 per half-hour for substantive advice

Ontario and Canadian law

What the law actually says — general information for Liberty Village

Family matters in Ontario are decided by the Superior Court of Justice, the Family Court branch of the Superior Court, or the Ontario Court of Justice, depending on the courthouse and the issues involved.

The sections below explain how this area of law works in Ontario and Canada. They describe the general position only and cannot account for your own facts — this is not legal advice.

How Ontario divides property on separation

Ontario does not split assets down the middle. For married spouses the Family Law Act equalizes the growth in net family property over the marriage: each spouse calculates what they owned on the separation date, subtracts debts and the value of what they brought into the marriage, and the spouse with the larger increase pays half the difference to the other. The result is a money payment, not a transfer of specific belongings.

The matrimonial home is treated differently from every other asset. Its full value counts on the separation date even if one spouse owned it before the marriage, and both spouses have an equal right to stay in it until a court order or agreement says otherwise, regardless of whose name is on title.

Common-law partners are in a different position entirely. Living together, even for many years, creates no automatic right to equalization in Ontario. A common-law partner who contributed to property held in the other's name generally has to advance a claim in unjust enrichment or constructive trust, which is a harder and more fact-specific case.

  • Valuation date is normally the date of separation
  • The matrimonial home cannot be excluded, even if brought into the marriage
  • Both spouses have an equal right of possession of the matrimonial home
  • Excluded property can include gifts and inheritances received during the marriage, if traced and kept separate
  • An equalization claim is generally time-limited: six years from separation or two years from the divorce, whichever comes first

How child and spousal support are calculated

Child support starts with the Federal Child Support Guidelines table for the payor's province of residence, the payor's gross annual income, and the number of children. That table amount covers ordinary day-to-day costs. Section 7 expenses — child care, health costs not covered by insurance, post-secondary tuition, and extracurricular activities that are genuinely extraordinary — are shared on top of the table amount, in proportion to each parent's income.

Where a child spends at least forty percent of the time with each parent, section 9 of the Guidelines applies and the calculation becomes discretionary rather than automatic. That is one of the most litigated provisions in Canadian family law, and it is why parenting schedules and support are so often negotiated together.

Spousal support is a two-stage question. First, is there entitlement at all — on a compensatory basis, a needs-and-means basis, or under a contract? Only if entitlement exists does the amount and duration get worked out, usually by reference to the Spousal Support Advisory Guidelines ranges. Child support takes priority over spousal support when income is limited.

  • Child support is the right of the child and cannot simply be bargained away
  • Income can be imputed where a payor is intentionally under-employed or has not disclosed properly
  • Self-employment and corporate income require closer analysis than a T4 salary
  • Support can be reviewed or varied when circumstances change materially

How parenting decisions are actually made

There is one test, and it is the best interests of the child — nothing else. The Divorce Act and the Children's Law Reform Act both set out the factors: the child's needs and stage of development, the nature of the child's relationship with each parent and with siblings and grandparents, each parent's willingness to support the child's relationship with the other, the child's views and preferences where they can reasonably be determined, the child's cultural, linguistic, religious and Indigenous heritage, and any family violence.

Canadian law contains no presumption that time should be equal, and no preference for mothers or fathers. Courts are directed to give the child as much time with each parent as is consistent with the child's best interests, which is a very different thing from a starting assumption of fifty-fifty.

Relocation is governed by its own rules. A parent proposing to move with a child normally has to give sixty days' written notice in the prescribed form, and the notice has to set out the new address, the moving date and a proposal for how parenting time will work afterwards.

  • Decision-making responsibility can be allocated jointly, solely, or split by subject such as health or education
  • Parenting time and decision-making responsibility are separate questions
  • Family violence is an express statutory factor, not a side issue
  • A child's views may be obtained through a Voice of the Child Report or an assessment

What the process usually looks like

Most Ontario family matters never reach a trial. They resolve through negotiation between lawyers, mediation, collaborative practice, or arbitration, and are recorded in a separation agreement that each spouse signs after receiving independent legal advice. That agreement is what makes the outcome durable.

Where court is necessary, the Family Law Rules require full financial disclosure early — a sworn Financial Statement, supporting income documents, and property valuations. Many courthouses require a Mandatory Information Program session, and a case conference generally has to happen before most motions can be brought. Filing and many attendances are electronic, which is why the courthouse location matters far less than it once did.

The Canadian legislation that governs this

Ontario and federal law only. Nothing on this page describes the law of any other country.

Divorce ActRSC 1985, c 3 (2nd Supp)
The federal statute governing divorce and, for married spouses, parenting and support. Amendments in force since March 1, 2021 replaced the old custody-and-access vocabulary with decision-making responsibility, parenting time and contact.
Family Law ActRSO 1990, c F.3
Ontario's statute for equalization of net family property, spousal support, domestic contracts, and the special protection given to the matrimonial home.
Children's Law Reform ActRSO 1990, c C.12
Governs parenting arrangements where the parents were never married to each other.
Federal Child Support GuidelinesSOR/97-175
Sets the table amount of child support from the payor's income and the number of children, and governs how special or extraordinary expenses are shared under section 7.
Spousal Support Advisory GuidelinesDepartment of Justice Canada
Widely used ranges for the amount and duration of spousal support. They are advisory only — they are not legislation and no court is bound to apply them.
Family Law RulesO Reg 114/99
The procedure every Ontario family court case follows, including the financial statement and disclosure obligations.

Statutes, regulations, rates and court practices are amended from time to time. We confirm the current position on your file rather than relying on a web page.

Family Lawyer questions — Liberty Village

18 questions we are asked most often, answered under Ontario and Canadian law. General information only — not legal advice.

Do you take family clients from Liberty Village?+

Yes — much of our family practice is GTA-wide. Procedure runs largely electronically and virtually now, and Google Meet consultations mean distance never delays advice.

What does a family consultation cost?+

First 15 minutes free, then $199 per half-hour, confirmed with you before billed time starts. Defined work like separation agreements is quoted flat.

How soon can I speak with the lawyer?+

Usually within a couple of business days — sooner where there is urgency like a court date or a safety concern. Evening slots run to 7:00 PM weekdays.

Is Ontario a 50/50 property province?+

No, and this is the single most common misunderstanding we correct. Married spouses in Ontario equalize the increase in their net family property over the marriage — one spouse pays the other a sum of money so each keeps an equal share of the growth. Individual assets are not automatically split in half, and property brought into the marriage is generally credited back to the spouse who brought it, with the matrimonial home as the major exception.

Do common-law partners in Liberty Village divide property like married spouses?+

No. In Ontario, living together does not create a right to equalization of net family property no matter how long the relationship lasted. A common-law partner may still have a claim in unjust enrichment or constructive trust where they contributed to property held in the other partner's name, and common-law partners can owe each other spousal support. Property claims of this kind are fact-heavy, so early advice matters.

Do we have to be separated for a full year before divorcing?+

For a divorce based on relationship breakdown, yes — the Divorce Act requires one year of separation, although the application can be started before the year is up so the paperwork is ready. Adultery and cruelty are the two other grounds and do not require the one-year wait, but they must be proven and they rarely change the financial outcome. You can also be separated while still living under the same roof if you are genuinely living separate lives.

Who has to move out of the matrimonial home?+

Neither spouse, as a matter of right. Married spouses have an equal right to possession of the matrimonial home under the Family Law Act regardless of whose name is on title, and one spouse cannot force the other out by changing locks or selling. A court can order exclusive possession, and safety concerns can be addressed on an urgent basis, but until there is an order or agreement both spouses are entitled to be there.

How is child support calculated in Ontario?+

From the Federal Child Support Guidelines table using the payor's gross annual income, the number of children, and the province of residence. That table figure covers everyday costs. Child care, uninsured health expenses, post-secondary costs and genuinely extraordinary activities are added as section 7 expenses and shared in proportion to the parents' incomes.

If we share the children equally, does child support stop?+

Usually not. Once each parent has the children at least forty percent of the time, section 9 of the Federal Child Support Guidelines applies and the amount becomes discretionary — the court looks at the table amounts for both parents, the increased costs of the shared arrangement, and each household's means. In many shared-parenting cases the higher earner still pays something, though frequently less than the full table amount.

Is spousal support automatic in Ontario?+

No. Entitlement has to be established first, on a compensatory basis where the marriage caused an economic disadvantage, on a needs-and-means basis, or under a contract. Only then do amount and duration get addressed, usually with reference to the Spousal Support Advisory Guidelines ranges. Those Guidelines are advisory — they are not legislation, and courts are not bound by them.

How long does spousal support last?+

It depends on the length of the relationship and whether there are dependent children. Under the Spousal Support Advisory Guidelines, without children the duration range is commonly expressed as roughly six months to one year of support for each year of cohabitation, with support becoming indefinite where the relationship was long or the recipient's age at separation is high. With dependent children the analysis changes and is tied to the children's circumstances.

What happened to the word "custody" in Ontario?+

Federal and Ontario legislation moved away from it. Since March 1, 2021 the Divorce Act and the Children's Law Reform Act use decision-making responsibility for who decides on health, education, religion and significant activities, parenting time for the schedule, and contact for non-parents such as grandparents. Older orders using the previous language remain valid and enforceable, and many people still search using the old words.

Does a mother have a stronger claim to the children than a father?+

No. Canadian law contains no gender preference and no presumption in favour of either parent. The only test is the best interests of the child, applied to the statutory factors — the child's needs, the strength of each relationship, each parent's willingness to support the child's bond with the other parent, and any family violence.

Can I move to another city with my children after separating?+

Not unilaterally, if the move would affect the other parent's time. The Divorce Act requires sixty days' written notice of a relocation in the prescribed form, setting out where you are going, when, and how parenting time would work afterwards. The other parent can object, and the court then decides on the child's best interests. Moving first and asking later is the approach most likely to be reversed.

Is there a deadline to make a property claim?+

Yes, and it is easy to miss. An equalization claim under the Family Law Act must generally be brought within six years of separation or two years of a divorce order, whichever comes first. Waiting years to sort out finances after a separation can extinguish a valid claim entirely, which is why we would rather see you early even if nothing is being filed yet.

Do we have to go to court to separate?+

No, and most Ontario families do not. A separation agreement negotiated between lawyers, through mediation, or in a collaborative process resolves parenting, support and property without a courtroom, and courts encourage exactly that. Court becomes necessary when there is urgency, non-disclosure, a real safety concern, or one side simply refuses to engage.

Does living in Liberty Village change how my family case is decided?+

No. The Divorce Act is federal and the Family Law Act applies across Ontario, so the governing law is identical wherever in the province you live. Location affects only practical logistics — which courthouse the file sits in and how far you travel for a signing. Filing and many attendances run electronically, so distance rarely changes the substance or the timeline.

What does a family consultation cost, and what should I bring?+

The first 15 minutes are free, then $199 per half-hour, and we confirm the rate with you before billed time begins. Bring the separation date, a rough list of assets and debts for both spouses with approximate values, recent income documents, and any agreement or court document already in existence. That preparation is what turns a short consultation into useful direction rather than general background.

Talk to a lawyer about your situation

Your first 15 minutes are a free intake call. Substantive advice is billed at $199 per half-hour (CAD), and we confirm the rate with you before billed time begins. Meet us by Google Meet video call or in person at 25 Watline Avenue, Unit GR21, Mississauga. Monday to Friday, 9:30 AM – 7:00 PM.