← LibrarySource sectionDivorce Act
Source checked2026-08-08
Related explanationSubstantiveDivorce in Ontario
Court: Superior Court of Justice
A divorce legally ends a marriage and is granted by the Superior Court under the federal Divorce Act.
A divorce can only be granted by the Superior Court of Justice, including its Family Court branch. The Divorce Act sets the legal basis for divorce and also governs parenting and support issues between married spouses when claims are brought under that Act. Many divorces proceed on the basis that the spouses have lived separate and apart for at least one year, although the Act also contains other grounds.
A divorce can be requested on its own or together with claims such as parenting, support or property. The existence of unresolved family issues can affect how the case proceeds, but separation itself does not require a court order. A divorce becomes effective according to the Divorce Act and the court’s divorce order, and a divorce certificate can later be obtained as proof of the divorce.
What this source covers
The federal Divorce Act is the primary legislation governing divorce and related parenting and support issues in divorce proceedings.
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 textFamily Law Rules
Rule 1.2 — REDACTIONS AND OMISSIONS
1.2 Redactions and omissions
Government of OntarioO. Reg. 114/99
Open official source ↗Binding law / official textFamily Law Rules
Rule 22 — ADMISSION OF FACTS
22. Admission of facts
Government of OntarioO. Reg. 114/99
Open official source ↗Binding law / official textFamily Law Rules
Rule 35.1 — DECISION-MAKING RESPONSIBILITY, PARENTING TIME AND CONTACT
35.1 Decision-making responsibility, parenting time and contact
Government of OntarioO. Reg. 114/99
Open official source ↗Binding law / official textFamily Law Rules
Rule 36 — DIVORCE
36. Divorce
Government of OntarioO. Reg. 114/99
Open official source ↗Binding law / official textFamily Law Rules
Rule 37.1 — FAMILY LAW ACT PROVISIONAL ORDERS
37.1 Family Law Act provisional orders
Government of OntarioO. Reg. 114/99
Open official source ↗Binding law / official textCentral West Region Practice Direction
Rule 48.04 — sets out the consequences of setting the action down for trial. Rule 48.04 provides that a party who sets an action down for trial or consents to placing the action on the trial list cannot initiate or continue any form of discovery or interlocutory motion without leave of the Court. Leave will be granted only in rare circumstances.
In some locations, the Registrar will provide an Assignment Court date to the party who set the action down for trial. That party must ensure that all interested parties are properly identified in the Notice of Assignment Court.
At the Assignment Court, the action will, unless there are exceptional circumstances, either be placed on a trial list or struck from the trial list. If placed on a trial list, all parties are deemed ready for trial.
Where an action is struck from the trial list, counsel and parties must obtain a court order granting them leave to restore it to the trial list in accordance with Rule 48.11. Such and order may be obtained by writing to the Court, on the consent of both parties, confirming that all parties are ready to proceed to trial. Upon receipt of such a request, the court will likely add the matter to the next Assignment Court date without the need for any further attendance.
B. Pre-Trials
For all locations except Brampton, pre-trial dates can be reserved on Calendly. See Part 1, Section D .…
Ontario Superior Court of JusticeSuperior Court of Justice — Central West
Open official source ↗Related subjects:Rules and legislation · Divorce and separation · Parenting and support
Further readingRelated rules, forms and explanations
Binding official sourceLaw / rule
Official Ontario statute governing child and family services, including child-protection and adoption proceedings.
Government of OntarioFull ActSource checked 2026-08-07
Binding official sourceLaw / rule
Ontario’s Child, Youth and Family Services Act is the primary provincial statute for child-protection proceedings and related child and family services.
Government of OntarioChild, Youth and Family Services Act, 2017Source checked 2026-08-08
Binding official sourceLaw / rule
Ontario’s Children’s Law Reform Act contains provincial law concerning parentage and parenting orders outside the Divorce Act framework.
Government of OntarioChildren’s Law Reform ActSource checked 2026-08-08
Binding official sourceLaw / rule
Official Ontario statute addressing parentage, decision-making responsibility, parenting time, contact and related child-law matters where it applies.
Government of OntarioFull ActSource checked 2026-08-07
Binding official sourceLaw / rule
Official federal statute governing divorce and related parenting and support orders where the Divorce Act applies.
Department of Justice CanadaFull ActSource checked 2026-08-07
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 Family Law Rules provisions governing motions for temporary orders, including when motions may be brought and procedural requirements.
Government of OntarioRule 14 — Motions for temporary ordersSource checked 2026-08-07
Binding official sourceLaw / rule
Official Family Law Rules provisions for motions to change final orders or filed support agreements, including forms, response procedure and service requirements.
Government of OntarioRule 15 — Motions to change a final order or agreementSource checked 2026-08-07
Binding official sourceLaw / rule
Official Family Law Rules provisions governing summary judgment in family cases.
Government of OntarioRule 16 — Summary judgmentSource checked 2026-08-07