Family Law

NO-FAULT DIVORCE

The separation of a married couple for at least one year is the usual basis for a divorce in Canada. Since the court is not interested in who is to blame for the break-up of the marriage, this is called a "no-fault divorce".

UNCONTESTED DIVORCE

A Separation Agreement may be entered into prior to or during the period of separation to decide matters of child custody, support, access and guardianship; spousal maintenance; and the division of family assets (the "Divorce Issues") - or these issues may be decided later at the divorce application stage. When the spouses have reached agreement on all the Divorce Issues they have an "uncontested divorce".

If a spouse can prove that they have suffered from their spouse's mental or physical cruelty or that their spouse has committed adultery, they can apply for divorce without waiting a year. However the court must be convinced - based on corroborating evidence - that the cruelty or adultery did actually occur and this may involve investigators, expert witnesses and costly court room lawyers.

WHAT DO I NEED TO DO?

Metro Law deals only with uncontested, no-fault divorces, but if that describes your situation, Book an appointment and download and complete the following Family Law Questionnaire (click) to bring to your appointment.

SEPARATION AGREEMENTS

We believe that a Separation Agreement should be entered into as early as possible. A good Separation Agreement creates a friction-free, livable compromise for all parties - especially the children of the marriage - and provides a healing or cooling-off period which can give rise to reconciliation. If reconciliation is successful, the Separation Agreement is simply torn-up.