Source summaryWhat this source covers
Ontario provides general information about property after separation, including important differences between married and common-law relationships.
Key pointsProperty rules differ for married and common-law couples
Ontario’s public information explains that married spouses have statutory property-division rights when the marriage ends, while common-law partners do not have the same automatic equalization regime.
The matrimonial home has special rules for married spouses
Ontario explains that the matrimonial home is treated differently from many other assets under the Family Law Act and can affect possession and equalization issues.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Open the official source ↗Law and rulesRelated official provisions
Binding law / official textToronto Region Practice Direction
Part III — of the Substitute Decisions Act, 1992 sets out the procedure and filing requirements for an application to appoint one or more guardians of an incapable adult. Part III of the Children’s Law Reform Act sets out the procedure and filing requirements for an application to appoint one or more guardians of a minor. In addition, the general requirements of Rule 38 governing applications apply to applications to appoint guardians.
Subject to paragraph 30 below, an application for the appointment of a guardian under the Substitute Decisions Act, 1992 or the Children’s Law Reform Act should be commenced by filing a notice of application using the Ontario Courts Public Portal or in person at the Toronto Estates Office counter. In the Estates List Confirmation Form , applicants should advise the court of the expected length of time required for the application to be heard, which should not be less than 30 minutes, and whether the application is opposed or unopposed.
If an individual is alleged to be incapable of managing property, and a claim for damages for personal injury is contemplated or a personal injury action has been commenced but not resolved, a guardianship application in respect of such individual may be brought on the Estates List.…
Ontario Superior Court of JusticeSuperior Court of Justice — Toronto
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 17 — (7.1) allows parties to make this request after they have tried to resolve the issues that are in dispute through mediation or a Legal Aid Ontario settlement conference, provided the parties confirm:
The dispute resolution process included a screening for power imbalances and domestic violence;
No motions for a temporary order in the case are pending or are contemplated; and
Financial disclosure has been provided.
Counsel or parties make this request by filing a Form 14B: Motion and a Form 17G: Certificate of Dispute Resolution from each party addressing the above requirements.
If the court grants permission, the parties are expected to comply with all requirements relating to a settlement conference, including filing a Form 17C: Settlement Conference Brief and any additional documentation (for example, a Net Family Property Statement, Comparative Net Family Statement, litigation expert reports or Offers to Settle).…
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textCentral East Region Practice Direction
Rule 57.01 — (6) of the Rules of Civil Procedure requires that, unless the parties have agreed on costs: “every party who intends to seek costs for that step shall give to every other party involved in the same step, and bring to the hearing, a costs outline (Form 57B) not exceeding three pages in length.”
This permits the presiding judge, where feasible, to summarily determine the issue of costs. The overriding principle is that “the court shall devise and adopt the simplest, least expensive, and most expeditious process for fixing costs…” Rule 57.01(7).
C. Civil Case Conferences
Counsel may request a civil conference with a Judge pursuant to Rule 50.13.
A completed Civil Conference Request Form requesting a case conference before a Judge may be sent to CERcivilappointments@ontario.ca .
These conferences are ONLY for procedural matters and will not last more than 30 minutes. The time limit will be strictly enforced. The conference may be by telephone or virtually, at the discretion of the Judge.
The form must be fully completed, and the terms of the form complied with to be considered. NOTE: Rule 50.13 does not apply to actions governed by the Construction Act: O. Reg. 302/18, s. 10(9).
A matter will not be added to the running list or be given a fixed date unless all motion material including responding and reply materials, facta, and compendiums have been filed.
D.…
Ontario Superior Court of JusticeSuperior Court of Justice — Central East
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 1.3 — of the Family Law Rules requires a member of the public to give 10 days’ written notice to the parties before the member of the public may access a family court file involving:
Decision-making responsibility, parenting time or contact with respect to a child under the Divorce Act or Part III of the Children’s Law Reform Act ;
Orders under Part I of the Children’s Law Reform Act (parentage); or
International child abduction.
The member of the public must also send notice to the Children’s Lawyer if the Children’s Lawyer is representing a child in the case or conducting an investigation for the court.
After receiving notice, a party who wishes to restrict access to the file has 10 days to file a 14B motion. If such a motion is brought, court staff may refuse the requested access until the court decides the motion.
Before the member of the public is granted access to the file, they must file an affidavit (Form 14A) confirming 1) the date on which they gave notice under Rule 1.3, to whom and by what method; and 2) that they have not been served with a motion for a restricted access order.
The following persons are exempt from the notice requirement under Family Court Rule 1.3:
A party or their counsel;…
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textCentral West Region Practice Direction
Rule 13 — (3.1) of the Family Law Rules sets out which documents MUST be included with a Financial Statement where child or spousal support has been sought. An updated Certificate of Financial Disclosure must be provided to the other party.
A party who has not made all reasonable efforts to comply with their disclosure obligations may be subject to a cost sanction, directions/terms imposed and/or the adjournment of any motion brought by that party until compliance. In egregious cases, upon motion, continued non-compliance may result in a party’s pleadings being struck or found in contempt of Court.
C. Motions to Change
The Family Law Rules direct the Court to determine the next steps in a Motion to Change, with a view to ensuring that these motions proceed in the most efficient manner appropriate in the circumstances. The Court is directed to determine the most appropriate process for reaching an expeditious and just conclusion of the case in the circumstances.
A new Motion to Change Endorsement form is available here. Parties are encouraged to provide a draft Motion to Change Endorsement form with their materials for the first judicial conference to obtain early direction regarding the most appropriate process for the case.…
Ontario Superior Court of JusticeSuperior Court of Justice — Central West
Open official source ↗Binding law / official textFamily Law Rules
Rule 21 — REPORT OF CHILDREN’S LAWYER
21. Report of Children’s Lawyer
Government of OntarioO. Reg. 114/99
Open official source ↗Further readingRelated rules, forms and explanations
Binding official sourceLaw / rule
Ontario’s Family Law Act contains provincial law concerning family property, the matrimonial home, support and domestic contracts.
Government of OntarioFamily Law ActSource checked 2026-08-08
Binding official sourceLaw / rule
Official Ontario statute addressing family property and equalization, support, domestic contracts and related family-law matters.
Government of OntarioFull ActSource checked 2026-08-07
Binding official sourceLaw / rule
Official Family Law Rules provisions governing financial disclosure and financial statements in family proceedings.
Government of OntarioRule 13 — Financial disclosureSource checked 2026-08-07
Binding official sourceLaw / rule
Official consolidated Ontario regulation governing procedure in family-law cases. Use the current rule text and applicable practice directions for procedural requirements.
Government of OntarioFull regulation and rule table of contentsSource checked 2026-08-08
Binding official sourceLaw / rule
Official Ontario Child Support Guidelines, including the Ontario child-support table and rules for determining child support where the regulation applies.
Government of OntarioFull regulationSource checked 2026-08-07
Official court procedureOfficial form
Official Ontario family-law form or related court document: A Self-Help Guide: How to complete Form 35.1: Affidavit (decision-making responsibility, parenting time, contact). Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this family-law document as “A Self-Help Guide: How to complete Form 35.1: Affidavit (decision-making responsibility, parenting time, contact)”.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Ontario Court ServicesOther documents related to family law cases — A Self-Help Guide: How to complete Form 35.1: Affidavit (decision-making responsibility, parenting time, contact)Source checked 2026-08-08
Official court procedureOfficial form
Official Ontario family-law form or related court document: Affidavit in support of Application under section 7 FOAEAA (enforce parenting or contact order). Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this family-law document as “Affidavit in support of Application under section 7 FOAEAA (enforce parenting or contact order)”.
Current official version
The current English version is version dated 2024-06-09 and effective 2024-06-09.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Ontario Court ServicesFamily Orders and Agreements Enforcement Assistance Act forms — Affidavit in support of Application under section 7 FOAEAA (enforce parenting or contact order)Source checked 2026-08-08
Official court procedureOfficial form
Official Ontario family-law form or related court document: Affidavit in support of Application under section 7 FOAEAA (enforce support). Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this family-law document as “Affidavit in support of Application under section 7 FOAEAA (enforce support)”.
Current official version
The current English version is version dated 2024-11-14 and effective 2024-11-14.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Ontario Court ServicesFamily Orders and Agreements Enforcement Assistance Act forms — Affidavit in support of Application under section 7 FOAEAA (enforce support)Source checked 2026-08-08
Official court procedureOfficial form
Official Ontario family-law form or related court document: Declaration Affirming Parentage under section 12(1) of the Children's Law Reform Act. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this family-law document as “Declaration Affirming Parentage under section 12(1) of the Children's Law Reform Act”.
Current official version
The current English version is version dated 2009-11-30 and effective 2009-11-30.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Ontario Court ServicesChildren’s Law Reform Act forms — Declaration Affirming Parentage under section 12(1) of the Children's Law Reform ActSource checked 2026-08-08
Official court procedureOfficial form
Official Ontario family-law form or related court document: Election of Surviving Spouse. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key points
What this is
Ontario Court Services lists this family-law document as “Election of Surviving Spouse”.
Current official version
The current English version is version dated 2017-04-09 and effective 2017-04-09.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
Ontario Court ServicesFamily Law Act forms — Election of Surviving SpouseSource checked 2026-08-08