Trusted public legal education Plain-language guide

What legal issues should I think about when I separate or divorce?

Steps to Justice / CLEO

Source sectionParenting, support, property and other issues after separation

Source checked2026-08-07

Related explanation

Substantive

Divorce 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.

Source summary

What this source covers

Plain-language orientation to the main family-law issues people may need to consider after separation or divorce.

Key points

Separation can involve several different issues

Steps to Justice identifies parenting arrangements, decision-making, child and spousal support, housing and property as issues that may need to be addressed.

Marriage and common-law status can matter

The guide explains that legal treatment is not identical for every issue depending on whether the parties were married or common-law.

For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.

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Law and rules

Related 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

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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

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Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings

Rule 13 — (3.1) of the Family Law Rules addresses the documents that must be included with a party’s financial statement where child or spousal support has been sought. A party should provide an updated Certificate of Financial Disclosure (Form 13A) to the other party with this documentation.

If disclosure cannot be resolved prior to the case conference, the party seeking disclosure must include in their materials a list of the outstanding disclosure in accordance with Rule 13(11.01) of the Family Law Rules . The court may award costs pursuant to Rules 17(18) or 24(7) where a party has failed to comply with their disclosure obligations. Counsel and parties should address all disclosure issues in advance of the settlement conference. Any motions for disclosure must be heard in advance of the settlement conference. More information about financial statements and the documents that shall be exchanged to support a financial statement is available here . 1. Automatic Disclosure Orders Under Rule 8.0.1

Ontario Superior Court of JusticeSuperior Court of Justice — province-wide

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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

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Binding law / official textDivorce Act

Section 1

Definitions2(1)In this Act,age of majority, in respect of a child, means the age of majority as determined by the laws of the province where the child habitually resides, or, if the child habitually resides outside of Canada, eighteen years of age; (majeur)appellate court, in respect of an appeal from a court, means the court exercising appellate jurisdiction with respect to that appeal; (cour d’appel)applicable guidelines means(a)if both spouses or former spouses are habitually resident in the same province at the time an application is made for a child support order or for a variation order in respect of a child support order or the amount of a child support is to be calculated or recalculated under section 25.01 or 25.1, and that province has been designated by an order made under subsection (5), the laws of the province specified in the order, and(b)in any other case, the Federal Child Support Guidelines; (lignes directrices applicables)child of the marriage means a child of two spouses or former spouses who, at the material time,(a)is under the age of majority and wh…

Department of Justice CanadaR.S.C., 1985, c. 3 (2nd Supp.)

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Binding law / official textCentral East Region Practice Direction

Section 17

Recognizing that many separating families will attempt another form of dispute resolution prior to seeking relief from the Court, requests can now be made to obtain the Court’s permission to move directly to a combined case conference/settlement conference as the first step in the case. 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 Legal Aid Ontario settlement conference provided they are able to confirm that (i) there are no outstanding temporary issues, and (ii) neither party is seeking disclosure from the other party. These requests can be made by filing a 14B Motion Form along with Form 17G: Certificate of Dispute Resolution. If permission is granted, the parties will be expected to comply with all requirements relating to a settlement conference, including the filing of a Form 17C: Settlement Conference Brief and any additional documentation (for example, a Net Family Property Statement/Comparative Net Family Statement/litigation expert reports/Offers to Settle).…

Ontario Superior Court of JusticeSuperior Court of Justice — Central East

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Related subjects:Before you start · Divorce and separation · Property and finances · Parenting and support