Family Law

Living together in a marriage-like relationship without getting married is often called “living common-law” or “cohabitation”. In Ontario, there's no formal or legal step you have to take to start a common-law relationship.

Comparatively, a marriage is a legal union between two individuals that has plenty of formal steps, beginning with an application for a marriage licence from the Ontario government. For more about getting married in Ontario, visit the Service Ontario website.

A separation is when two people –either married or common-law– decide to end their relationship and live separate lives.

The main difference between divorce and separation is the “level of formality”. Accordingly, a married couple that separates is not considered to be legally unmarried, which could present an issue if one partner chooses to remarry in the future. In this case, the individuals would need to seek a divorce from the Court in order to officially end their marriage.

What is the Office of the Children’s Lawyer (OCL)?

The Office of the Children’s Lawyer (OCL) is a division of the Ministry of the Attorney General in Ontario. The OCL provides representation for children under the age of 18 in a variety of legal matters. Those pertaining to family law include parenting time, contact, decision-making responsibility for children and child protection.

How does OCL become involved in a case?

The OCL only becomes involved in a matter if they have been requested to do so by means of a Court order. An order can either be requested on behalf of the judge independently, or, the party(ies) involved can request such an Order from the judge. It is then up to the discretion of OCL to decide whether to accept the case.

For more information about the OCL, visit the Ontario Government website.

When a marriage dissolves, there are typically a multitude of decisions that need to be made. Some of the more major issues include those pertaining to the division of assets and debts as well as those involving children, such as child support, parenting time and decision making, etc. Ultimately, the difference between a contested divorce and an uncontested divorce lies in whether or not the couple agrees on the terms of these issues.

If the parties are able to agree on all the major issues, this is considered an uncontested divorce.

Comparatively, a contested divorce is when the parties cannot agree on all of the issues raised by the divorce and thus, rely on the Court to determine the final outcome.

Legal Aid Ontario (LAO) is a program designed to ensure that all Ontarians have access to legal representation, regardless of their economic status. Whether or not someone initially qualifies for legal aid depends largely on their income-level. However, in order to obtain and maintain a legal aid certificate you must also satisfy the conditions laid out in the LAO’s merit assessment. For more information on the LAO’s eligibility requirements, please visit their website.

The short answer is no. When it comes to resolving disputes, there are alternatives other than court available. The most common methods of alternative dispute resolution (ADR) include: mediation, arbitration, and collaborative law.

For more information on these processes, please visit the Government of Canada website.