Separation, divorce, and the arrangements that follow — handled with the seriousness these matters deserve and the practicality they demand.
A family law matter is rarely just a legal problem. It arrives at a moment of disruption, and it carries consequences for children, for finances, and for the shape of your daily life for years to come. The function of family law counsel is not to make that moment harder, but to give you a clear picture of your legal position and a practical path to the arrangements you will live with.
Avion Law acts for parties in separation, divorce, and post-separation disputes throughout Ontario. Most family law matters are better resolved by written agreement than in court — and where an agreement is possible, it is almost always faster, cheaper, and more durable than a contested trial. Where an agreement is not possible, we litigate capably in the appropriate forum.
Negotiation and drafting of separation agreements addressing parenting, support, property equalization, and the division of specific assets including the matrimonial home, pensions, and corporate interests.
Uncontested and contested divorce applications under the federal Divorce Act — the only statute under which a Canadian marriage can be legally dissolved.
Parenting plans addressing decision-making responsibility, parenting time, and the specifics of a workable schedule. Advice where a relocation is proposed or contested.
Calculation and advice on child support under the Federal Child Support Guidelines and spousal support under the Spousal Support Advisory Guidelines.
Calculation of the equalization payment required under the Family Law Act, including valuation of pensions, corporate interests, and pre-marital or gifted property.
Drafting and review of marriage contracts (including pre-nuptial agreements) and cohabitation agreements, with full financial disclosure and independent legal advice for each party.
Legal opinion letters confirming the validity of a foreign divorce under Canadian law — required by the Office of the Registrar General of Ontario before a marriage licence can be issued to a person whose previous marriage ended outside Canada.
Family law in Ontario is governed by two principal statutes, which apply in parallel. The Divorce Act is a federal statute governing divorce and corollary relief — child support, spousal support, and parenting — for married spouses. The Family Law Act is an Ontario statute governing the property consequences of marriage and separation, and also governs support and parenting for unmarried partners in most respects.
"The purposes of this Act are to provide in family law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other mutual obligations in family relationships…" Family Law Act, R.S.O. 1990, c. F.3, preamble
Under Part I of the Family Law Act, the property acquired by each married spouse during the marriage is subject to equalization: the spouse with the larger Net Family Property makes an equalization payment to the other. The matrimonial home has a special status, with protections that apply regardless of whose name is on title.
Parenting decisions are governed by the best interests of the child, a test set out in both the Divorce Act and the Children's Law Reform Act. Recent amendments replaced the older language of "custody and access" with "decision-making responsibility" and "parenting time" to better reflect the child-focused nature of the analysis.
Child support is calculated under the Federal Child Support Guidelines, a regulation with an operative table that sets support amounts by payor income and number of children. Spousal support is analyzed under the Spousal Support Advisory Guidelines — advisory only, but widely followed by Ontario courts.
A person who was divorced outside Canada and wishes to remarry in Ontario requires an additional document that many newcomers and returning Canadians do not know about: a foreign divorce opinion letter prepared by an Ontario lawyer. The Office of the Registrar General of Ontario will not issue a marriage licence to a person whose previous marriage ended abroad without this letter, which confirms that the foreign divorce is recognized under Canadian law.
The governing provision is section 22(1) of the Divorce Act:
"A divorce granted… by a competent authority shall be recognized for the purpose of determining the marital status in Canada of any person if either former spouse was habitually resident in the country or subdivision of the competent authority for at least one year immediately preceding the commencement of proceedings for the divorce." Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 22(1)
In addition to the statutory test, Canadian courts recognize a foreign divorce where there is a real and substantial connection between either party and the jurisdiction that granted it — a doctrine originating in the House of Lords decision in Indyka v. Indyka and long since adopted into Canadian conflict of laws. The two tests operate side by side: a divorce that satisfies either will generally be recognized.
Avion Law prepares foreign divorce opinion letters as a targeted, flat-fee service. To prepare the letter, we need (i) the original or court-certified divorce decree, (ii) a certified translation if it is not in English or French, (iii) a copy of the Ontario marriage licence application, and (iv) a brief statement of where each former spouse resided in the year preceding the divorce. Most letters can be issued within a few business days once the documents are in hand, and are addressed directly to the Office of the Registrar General so the client can submit them with the rest of the marriage licence materials.
Where the divorce will not qualify for recognition — for example, where neither spouse met the residence requirement and no real and substantial connection can be established — we will tell you immediately and discuss the alternatives, which may include a Canadian divorce proceeding to produce an Ontario divorce order.