← LibrarySource sectionWhat legal issues should I think about when I separate or divorce?
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
Steps to Justice provides a plain-language overview of the main legal issues that may arise after separation, including children, support and property.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Read the original source ↗Law and rulesRelated official provisions
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 textConsolidated Provincial Practice Direction for Family Proceedings
Rule 43 — allows parties to choose a Binding Judicial Dispute Resolution (JDR) as a summary process to resolve a family dispute instead of a trial. Through Binding JDR, parties ask the same judge to assist in settling their issues on consent and to make final orders about unresolved issues in a single hearing. Prior to the Binding JDR proceeding, the parties must sign a request and consent form and obtain the approval of the court.
A Binding JDR hearing includes both settlement and adjudication. The judge conducting the Binding JDR hearing will explore possibilities for resolution with the parties. As in any court proceeding, the judge conducting the Binding JDR hearing has an oversight role and must approve any terms of settlement.
For issues that cannot be resolved on consent, the judge will hear submissions from the parties about the orders they seek. The judge may ask the parties questions and request additional information, if necessary, to reach an informed and fair decision. The parties do not have an automatic right to call or cross-examine witnesses at a Binding JDR hearing.
At the conclusion of the Binding JDR hearing, the judge will provide a final order on the issues, including those that have been resolved on consent.
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
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 textConsolidated Provincial Practice Direction for Family Proceedings
Rule 8.0 — .1 of the Family Law Rules directs the court to issue an automatic order when certain claims are made in an Application, Motion to Change or Answer. This order requires parties to comply with their financial disclosure responsibilities.
The party who receives automatic order from the court must serve the order on every other party in the case according to Rule 8.0.1(5).
A party who has not made all reasonable efforts to comply with their disclosure obligations in advance of the case conference may be responsible for the other party’s costs.
Upon filing the originating materials, parties will receive a reminder to attend a Mandatory Information Program (Rule 8.1) and to provide an updated email address on all court documents.
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 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 ↗Related subjects:Before you start · Divorce and separation · Property and finances · Parenting and support
Further readingRelated rules, forms and explanations
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
The federal Divorce Act is the primary legislation governing divorce and related parenting and support issues in divorce proceedings.
Justice Laws WebsiteDivorce ActSource checked 2026-08-08
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 federal regulations addressing child-support amounts, income, special expenses, variation and disclosure where the federal Guidelines apply.
Department of Justice CanadaFull regulation and table of contentsSource 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 procedureCourt guide
The Superior Court guide explains the response process after an Application is served, including the Answer and related filing and service steps.
Key points
An Answer is the responding party’s main response
The Superior Court guide explains the steps for responding after an Application is served, including preparing the Answer and any other documents required by the issues in the case.
Service and filing are part of responding
Preparing the Answer is only one step. The response documents must also be served and filed within the applicable rules and court directions.
Ontario Superior Court of JusticeHow do I answer a family law application?Source checked 2026-08-08