Divorce in Canada is regulated by the federal government under the Divorce Act. For a court to have jurisdiction over a divorce proceeding, either spouse must have been an ordinary resident within the province for at least one year prior to the commencement of the proceeding.

Determining ordinary residence is a fact-finding endeavor, focusing on whether the person is more than a casual resident.

Even if an individual is temporarily residing in a different jurisdiction for employment purposes, they could still be considered an ordinary resident in a province

Navigating the often tumultuous seas of divorce can be a daunting task. However, a firm understanding of the legal framework surrounding divorce in Canada can significantly ease this journey. The Divorce Act (R.S.C. 1985 (2nd Supp.), c. 3, s. 8(1)) stipulates the sole ground for obtaining a divorce: a breakdown of the marriage.

Divorce can be a complex, emotionally charged, and challenging process. Navigating through the legal intricacies can be overwhelming, especially when combined with the emotional toll of a relationship's dissolution. However, understanding the different types of divorce procedures can help make the process more manageable, and possibly even less stressful. The three most common types of divorce procedures are the simple or uncontested divorce, joint divorce, and divorce with corollary issues. In this extensive blog post, we'll discuss each of these in detail, outlining their benefits, drawbacks, and the situations in which they might be most appropriate.

Divorce, a legal termination of marriage, is a process fraught with complexity and emotional turmoil. Unlike popular perception, it is not simply a matter of signing a few papers and parting ways. There are significant legal barriers that can potentially impede the process of obtaining a divorce. This comprehensive blog post will dissect and examine the four statutory impediments to divorce as delineated in s. 11 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.). These hurdles include collusion, condonation, connivance, and the necessity for reasonable arrangements for the support of the children.

An annulment is a legal procedure within secular and religious legal systems that declares a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. In this blog post, we delve into the intricacies of the annulment of marriages in Ontario, exploring the grounds on which an individual can seek an annulment, and the legal implications of an annulled marriage.

In the realm of family law and more specifically parenting, the necessity for clear, specific and legally binding agreements cannot be overstated. These agreements serve an essential function in ensuring the best interests of the children involved. Furthermore, they play a pivotal role in averting potential complications and conflicts between parents. A prime example of such a situation is the unauthorized removal or retention of the child outside of their habitual residence, a circumstance often referred to as parental abduction

Child support in Canada is an intricate process that is dually focused. It entails the monthly table amount intended to address everyday living expenses of a child, and it also includes an optional additional amount for special or extraordinary expenses, which are defined by Section 7 of the Child Support Guidelines. These Special or Extraordinary Expenses, often referred to as s. 7 expenses, vary significantly per family and are therefore not included in the table amounts. This blog post aims to provide an in-depth understanding of the who, what, when, where, and why of s. 7 expenses, offering crucial insights for both parents and legal practitioners in this field.

Parenting involves a myriad of complexities and responsibilities. Among these, managing child support for a child's extracurricular activities is a task that can be both intricate and perplexing. This demands a thorough understanding of the Child Support Guidelines along with the distinct types of expenses that may arise in the process. This comprehensive guide has been designed to shed light on the key aspects of these guidelines, with a particular emphasis on the interpretation of the terms "Extraordinary" expenses and "Necessity" in this specific context..

In the multifaceted world of child support, a recurring question arises concerning the obligation of parents to financially assist their adult children who have chosen to pursue post-secondary education. This is a complex issue, as it is largely contingent on a diverse range of factors that courts take into consideration when making an equitable determination.

In the world of child support, Section 7 expenses hold a significant position. These are also known as 'special or extraordinary expenses' and they can be added to basic child support if they fulfill the criteria of necessity and reasonableness. These costs are usually associated with childcare expenses that occur due to the custodial parent's employment, illness or disability, or training for employment. In this article, we will delve into the intricacies of Section 7 expenses and understand their importance.

In child support cases, health and medical expenses are often considered special or extraordinary expenses. However, the term "extraordinary" might be misleading as these expenses do not necessarily have to be unusual or rare to qualify as an additional payment under section 7 of the Child Support Guidelines. The requirement is that they need to be reasonable and necessary in relation to the child's health and wellbeing.

This provision opens up a broad range of expenses that could potentially be claimed under this section. For instance, dental and vision care costs - including orthodontics and prescription glasses or contact lenses - are among the most commonly claimed health-related expenses. Other eligible costs can include various forms of therapy such as physiotherapy, occupational therapy, and professional counselling. Prescription drugs and specific expenses related to special needs services may also be eligible under section 7.

Child support is a subject that often brings to mind images of young children receiving financial assistance from their parents. However, the reality is that adult children, especially those who are still in the process of completing their post-secondary education, may also be in need of financial aid. Despite living independently, these adult children frequently require assistance in covering essential expenses. These expenses encompass tuition fees, costs of textbooks and other study materials, housing costs, meal expenses, and transportation fees, which are collectively referred to as "section 7 expenses".

The concept of child support extending beyond the age of majority is becoming increasingly common. This can be attributed to several factors such as a child's illness, disability, or continued education. The aim of this article is to provide an in-depth understanding of this issue, focusing on three key aspects: The Divorce Act and its implications, factors considered by courts when deciding on child support for adult children, and the application of the Federal Child Support Guidelines.

Child support is a pivotal issue in family law, drawing even more attention when it relates to adult children. The laws governing this area can often seem complex and confusing, with a multitude of factors coming into play. This blog post aims to elucidate the key aspects of child support law concerning adult children. We will explore the burden of proof, parental control, and quantum of support, providing a comprehensive understanding of this multifaceted subject.

Under the Divorce Act, an adult child who has withdrawn from parental control does not have any entitlement to support. This provision also applies to a child who is 16 or older under the Family Law Act. However, a child who lives with neither parent is not necessarily disentitled to support. The legal position, therefore, is that a child remains financially and emotionally dependent on one or both parents, even if they are not living with either parent. This provision is crucial to understand as it underscores the importance of maintaining a bond with the child, irrespective of the living arrangements.

The Federal Child Support Guidelines (SOR/97-175) were established in 1997 to provide certainty in determining child support based on a payor's income and the number of children. However, income determination becomes more complex for self-employed individuals or those earning income through a corporation. This blog post aims to provide an overview of this complex process.

In Ontario, the division of property following the breakdown of a relationship between unmarried, or common-law, couples can be a complex issue. Unlike for married couples, there is no governing legislation for property division when common-law partners separate. This often results in confusion and misunderstanding, making the process even more difficult. To help shed some light on this issue, let's delve deeper into what this entails.

Under the Family Law Act, a spouse can deduct debts and other liabilities that were owed as of the valuation date, as well as the value of property owned on the date of marriage from their net family property for equalization purposes. However, there are exceptions to this rule. For instance, the value of the matrimonial home at the date of marriage cannot be deducted, and debts or liabilities related directly to the acquisition or significant improvement of the matrimonial home cannot be deducted. It's important to note that for these exceptions to apply, the home occupied as the family residence on separation must be the same as the home owned on the date of marriage.

The Federal Child Support Guidelines provide a comprehensive framework for determining a spouse's annual income for child support purposes. The income is generally determined using sources of income set out under the heading “Total income” in the T1 General form issued by the Canada Revenue Agency. However, the guidelines do not require courts to blindly use the previous year’s total income as reported by the party. The determination can be based on the spouse’s annual income in the past taxation year, the estimated annual income of the current year, or an estimate of probable future income

In shared parenting arrangements, the Federal Child Support Guidelines stipulate that for Section 9 to be applied, the support payor must be responsible for children at least 40% of the time. This is often a contentious point as the Guidelines do not specify whether the time should be calculated by counting days or hours, which can lead to significant disagreement between parents. If the 40% threshold isn't met, the inquiry ends and the presumptive table amount governs. However, if the threshold is met, the inquiry continues to determine the appropriate amount of support. Understanding the way this threshold is calculated and applied is crucial for parents in shared custody arrangements.

In calculating child support for split custody scenarios, the Federal Child Support Guidelines, as per Section 8, stipulates that the payable amount is derived as the set-off between the parties' respective table amounts. This essentially means that the courts calculate the difference between what each parent would have to pay in support based on their individual incomes and the number of children they have custody of. While this section does not provide any direct discretion over the quantum of support, other factors such as section 7 expenses or undue hardship claims may be considered to indirectly adjust the total payable support amount.