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Family Law

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This publication guides practitioners through divorce, domestic contracts, property division, care of children, and enforcement of family law orders in Ontario.

5 Matter Plans

Overview

The Family Law publication includes 5 guides that, through detailed matter plans, outline the typical progression of a family law matter from start to finish. This includes settlement negotiations, the commencement of proceedings, interim applications, preparation for and conduct of final hearings, and enforcement.

It also provides all commonly required precedents and forms, including applications, affidavits, orders, and correspondence.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Letters to the client and other parties throughout the matter;
  • Library of domestic contracts:
    • Marriage and cohabitation agreements;
    • Separation agreement;
    • Parenting plan;
    • Paternity agreement;
    • Family arbitration agreement
  • Example content for:
    • Application, answer, and reply, offer to settle, notice of urgent motions and conference briefs;
  • Library of family law orders.
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5 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Divorce (ON)
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Remote Witnessing
    • Item icon Further information
  • Item icon Overview
    The Constitution Act 1867 confers exclusive authority on the federal legislature for all matters concerning marriage and divorce: s 91(26). Each province has exclusive legislative authority to make laws concerning the solemnization of marriage: s 92(12). In addition, under s 92(13), ...

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  • Item icon Summary of the process
    The usual steps in a divorce matter are:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Divorce
    • Item icon To do list - Divorce
    • Item icon First steps
    • Item icon Client details, verification, and source of funds
    • Item icon Retainer instructions - Divorce
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing retainer agreement
    • Item icon Retainer agreement - Ontario
    • Item icon Scope of work - Divorce
    • Item icon Enclosure - Division of property and spousal support on breakdown of a relationship
    • Folder icon If required - Authorization and consent
      • Item icon Letter to client enclosing consent regarding medical records
      • Item icon Consent to disclosure of medical information
    • Item icon Time and costs estimates
    • Folder icon If required - Costs disclosure update and a non-engagement letter
      • Item icon Letter to client updating costs disclosure
      • Item icon Non-engagement letter
    • Item icon Initial considerations
      Limitation periods The Family Law Act 1990 s 7(3) requires a party to commence a claim for an equalization payment no later than the earliest of:

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    • Item icon Duties of parties, legal advisers, and the court
      The duties of the parties to a proceeding and their legal advisers are set out in ss 7.1 to 7.7 of the Divorce Act 1985. The duties of the court are set out in ss 7.8, 10, and 11.

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    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Confidentiality deed
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
      • Item icon Standard annexure note for documents
  • Folder icon B. Divorce and corollary relief
    • Item icon Divorce and corollary relief
      This guide contains information and precedents for obtaining orders for divorce and corollary relief, including orders relating to children, spousal support, and property division. While it is possible for spouses to commence proceedings and obtain orders for corollary relief at any time after ...

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    • Item icon Detailed publications for children and property division available
      For further information and precedents on relief relating to children and property, including less common issues such as stand-alone orders, and relief for unmarried partners, see the Children guide and the Property Division guide.

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    • Folder icon Library of clauses and orders
      • Item icon Standard clauses for orders – Ministry of the Attorney General
      • Folder icon Library of general orders
        • Item icon Adjournment
        • Item icon Conciliation conference
        • Item icon Counsel reasonable to brief
        • Item icon Direction for filing
        • Item icon Discharging previous orders
        • Item icon Disclosure within 14 days
        • Item icon Expert's report to be filed
        • Item icon Experts confer and file joint statement
        • Item icon Financial statement to be filed
        • Item icon Further affidavits to be filed for interim application
        • Item icon Liberty to apply - General
        • Item icon Other applications dismissed
        • Item icon Remove from active pending cases list
        • Item icon Remove hearing from list
        • Item icon Restraining order
        • Item icon Transfer of proceedings
        • Item icon Vacation of hearing date
      • Folder icon Library of children orders
        • Item icon Agreement not to relocate
        • Item icon Alcohol and drugs prohibition
        • Item icon Alcohol not consumed within 12 hours of handover
        • Item icon Change of name - General
        • Item icon Change of name - Hyphenated surname
        • Item icon Change of name - Restrained from using a particular name
        • Item icon Changeovers - At school
        • Item icon Changeovers - Child delivered by
        • Item icon Changeovers - Delivery to home
        • Item icon Changeovers - Location
        • Item icon Changeovers - Not to remain after
        • Item icon Changeovers - Specified person not to attend
        • Item icon Changeovers - Supervised location
        • Item icon Communication - Extensive
        • Item icon Discharging previous orders - All orders
        • Item icon Equal responsibility, living with and spending time with
        • Item icon Live with each party for a period - Week about
        • Item icon Living arrangements relocation and communication
        • Item icon Location order individual
        • Item icon Medical treatment decisions
        • Item icon Medical treatment decisions one party responsible
        • Item icon Medical treatment not without consulting other party
        • Item icon Non-molestation order
        • Item icon Obligation to provide contact details
        • Item icon Overnight away from party's home not permitted
        • Item icon Parental responsibility - No consultation unless major long term issue
        • Item icon Passport - Consent dispensed with - Issue and renewal
        • Item icon Passport - Holding passports pending travel
        • Item icon Passport - Registrar to hold pending orders or consent
        • Item icon Passport consent dispensed with
        • Item icon Passports application not to be made
        • Item icon Passports to be surrendered
        • Item icon Paternity test
        • Item icon Recovery order parties
        • Item icon Refrain from making critical or derogatory remarks
        • Item icon Refrain from psychological intervention
        • Item icon Religious instruction
        • Item icon Restraint from leaving Canada
        • Item icon Schooling - School to attend
        • Item icon Schooling sole responsibility
        • Item icon Sole parental responsibility - Consult and advise other party
        • Item icon Sole parental responsibility - Education
        • Item icon Sole parental responsibility - Exception school and medical
        • Item icon Sole parental responsibility - General
        • Item icon Sole parental responsibility - Major long term issues
        • Item icon Sole parental responsibility - Sporting activities
        • Item icon Spend time alternate weekends one midweek night
        • Item icon Spend time with and communicate as agreed
        • Item icon Spending time - Child's birthday
        • Item icon Spending time - Father's Day and Mother's Day
        • Item icon Spending time - Parent's birthday
        • Item icon Spending time - Refrain from seeing person
        • Item icon Spending time with grandparents
        • Item icon Supervision of time spent with a party
        • Item icon Telephone communication - Every night
        • Item icon Telephone communication - Every other night
        • Item icon Telephone communication - One evening a week
        • Item icon Urinalysis and hair follicle testing - Monthly
        • Item icon Urinalysis and hair follicle testing - Weekly
        • Item icon Varying previous orders
      • Folder icon Library of property orders
        • Item icon Acquisition of other party's interest in property being sold
        • Item icon Asset pool incomplete
        • Item icon Assets and liabilities not listed retained by parties
        • Item icon Assets cannot be disposed of or encumbered
        • Item icon Encumbrance or loan redraw not permitted
        • Item icon Exclusive occupation and non molestation
        • Item icon Final resolution of financial relationship
        • Item icon Indemnity
        • Item icon Liberty to apply - Property
        • Item icon Occupation and vacation of property pending sale
        • Item icon Parties to do all things necessary to give effect to orders
        • Item icon Payment of mortgage and property accounts pending sale
        • Item icon Personal property and furniture - Division after valuation
        • Item icon Personal property and furniture - Division in accordance with schedule
        • Item icon Personal property and furniture - Two list division
        • Item icon Possession to be delivered to the other party
        • Item icon Resign - Appoint as director - Secretary - Public officer
        • Item icon Sale of property and division of proceeds
        • Item icon Severance of joint tenancies
        • Item icon Transfer business
        • Item icon Transfer business name
        • Item icon Transfer of all entities companies trusts both business and personal
        • Item icon Transfer property and payment including default and interest provisions when payment not made
        • Item icon Transfer property to one party and remortgage
        • Item icon Transfer property to one party and remortgage with sale on default
        • Item icon Transfer shares
    • Folder icon Children
      • Folder icon Decision-making responsibility, parenting time, and contact
        • Item icon Orders for decision-making responsibility, parenting time, and contact
          Parenting orders are governed by the Divorce Act 1985 and the Children’s Law Reform Act 1990. The 2 Acts provide a statutory regime for determining decision-making responsibility for the children, including questions about education, health care, and religion and residential arrangements, ...

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        • Item icon Clause - Parenting orders sought or agreed - Concise
        • Item icon Clause - Parenting orders sought or agreed - Extensive
      • Folder icon Parenting plans
        • Item icon Parenting plans
          A parenting plan is a document that covers the matters relating to parenting time, decision-making responsibility, or contact to which the parties agree. If a parenting plan has been submitted, the court includes it in a parenting or contact order subject to any modification the court thinks fit if ...

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        • Item icon Parenting plan
        • Item icon Letter to other side sending parenting plan
        • Item icon Letter to other side's lawyer in response to parenting plan
        • Folder icon DivorceMate - Parenting plan
          • Item icon Parenting Plan
          • Folder icon Schedules
            • Item icon Acknowledgement Regarding Division of Household Contents
            • Item icon Affidavits of Execution and Certificates of Independent Legal Advice
            • Item icon Authorization and Direction for Information from Third Party
            • Item icon Authorization and Direction to Insurer re Irrevocable Beneficiary and Insurance Information
            • Item icon Calculation of Adjustment if Payor's Income Change is Less Than Indexing Factor
            • Item icon Certificates of Independent Legal Advice
            • Item icon Consent to Release of Irrevocable Beneficiary Status
            • Item icon Direction to RRSP Planholder
            • Item icon Financial Disclosure (Marriage)
            • Item icon Financial Disclosure (Separation)
            • Item icon Indexing Calculation
            • Item icon Joint Election under Section 74.5(3)(b) of the Income Tax Act
            • Item icon Schedule 'A' Collaborative Negotiation Steps for Effective Problem-Solving
            • Item icon Schedule 'B' Sample Financial Professional Agreement
            • Item icon Schedule 'C' Sample Collaborative Family Professional Agreement
            • Item icon Transfer of Interest in Insurance Policy
            • Item icon Travel Consent Form
            • Item icon Waiver of Independent Legal Advice
      • Folder icon Child support
        • Item icon Child support
          The court has a duty to stay the granting of a divorce until reasonable arrangements are made for the support of any children of the marriage: s 11(1)(b) of the Divorce Act 1985. The Federal Child Support Guidelines, SOR/97-175 are the regulations under the Divorce Act 1985 for determining a ...

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        • Item icon Child Support Claim
        • Item icon Request for Child Support Different than Child Support Table Amount
        • Item icon Clause - Child support order - Retroactive
        • Item icon Clause - Orders for child support - Primary parenting
    • Folder icon Property division
      • Item icon Property division
        A property division claim under the Family Law Act 1990 Part I and Part II is available to married spouses or formerly married spouses. Part I sets out the rights applicable to divide property following the breakdown of a marriage.

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      • Item icon Clause - Application - Division of property
      • Item icon Clause - Application - Exclusive possession of the matrimonial home
      • Item icon Clause - Application - Sale of the matrimonial home
    • Folder icon Spousal support
      • Item icon Spousal support
        A married spouse may apply for spousal support under the Divorce Act 1985: s 15.2(1). A claim for spousal support may also be made under the Family Law Act 1990: s 33.

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      • Item icon Clause - Spousal support order
    • Folder icon Separation agreements
      • Item icon Separation agreement
      • Folder icon DivorceMate - Separation agreements
        • Item icon Collaborative Practice Participation Agreement
        • Item icon Interim Separation Agreement
        • Item icon Standard Form Separation Agreement
        • Item icon Standard Form Collaborative Separation Agreement
        • Folder icon Schedules
          • Item icon Acknowledgement Regarding Division of Household Contents
          • Item icon Affidavits of Execution and Certificates of Independent Legal Advice
          • Item icon Authorization and Direction for Information from Third Party
          • Item icon Authorization and Direction to Insurer re Irrevocable Beneficiary and Insurance Information
          • Item icon Calculation of Adjustment if Payor's Income Change is Less Than Indexing Factor
          • Item icon Certificates of Independent Legal Advice
          • Item icon Consent to Release of Irrevocable Beneficiary Status
          • Item icon Direction to RRSP Planholder
          • Item icon Financial Disclosure (Marriage)
          • Item icon Financial Disclosure (Separation)
          • Item icon Indexing Calculation
          • Item icon Joint Election under Section 74.5(3)(b) of the Income Tax Act
          • Item icon Schedule 'A' Collaborative Negotiation Steps for Effective Problem-Solving
          • Item icon Schedule 'B' Sample Financial Professional Agreement
          • Item icon Schedule 'C' Sample Collaborative Family Professional Agreement
          • Item icon Transfer of Interest in Insurance Policy
          • Item icon Travel Consent Form
          • Item icon Waiver of Independent Legal Advice
    • Item icon Letter to other side's lawyer serving draft order for signing
  • Folder icon C. The application
    • Item icon The application
      The typical application A divorce application is initiated under r 36 of the Family Law Rules. To commence a case a person files one of the application forms in r 8.

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    • Item icon Contested and uncontested applications
      A divorce application is initiated under r 36 of the Family Law Rules. Rule 8 identifies the 2 different applications which may be submitted to start the case: Form 8 Application (General) or Form 8A Application (Divorce). Either spouse may start a divorce case by filing an application ...

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    • Item icon Completing the application
      Supporting documents

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    • Item icon Online Certificate Application – ServiceOntario
    • Item icon Letter to other side requesting joint application
    • Item icon Application (Divorce)
    • Item icon Application (General)
    • Item icon Registration of Divorce Proceedings System – Department of Justice Canada
    • Item icon Example content - Application - Divorce and children
    • Item icon Letter to client regarding preparation of financial statement
    • Item icon Letter to client seeking disclosure documents
    • Item icon Statement of income, assets, and liabilities
    • Folder icon If required - Supporting documents
      • Item icon Endorsement Sheet - CLRA s. 30
      • Item icon Affidavit (Decision Making Responsibility, Parenting Time, Contact)
      • Item icon Affidavit (Child Protection Information)
      • Item icon Financial Statement (Property and Support Claims)
      • Item icon Financial Statement (Support Claims)
      • Item icon Certificate of Financial Disclosure
      • Item icon Net Family Property Statement
      • Item icon Comparison of Net Family Property Statements
      • Item icon Affidavit (General)
      • Item icon Support Deduction Order Information Form
      • Item icon Support Deduction Order
    • Folder icon Library of clauses and orders
      • Item icon Standard clauses for orders – Ministry of the Attorney General
      • Folder icon Library of general orders
        • Item icon Adjournment
        • Item icon Conciliation conference
        • Item icon Counsel reasonable to brief
        • Item icon Direction for filing
        • Item icon Discharging previous orders
        • Item icon Disclosure within 14 days
        • Item icon Expert's report to be filed
        • Item icon Experts confer and file joint statement
        • Item icon Financial statement to be filed
        • Item icon Further affidavits to be filed for interim application
        • Item icon Liberty to apply - General
        • Item icon Other applications dismissed
        • Item icon Remove from active pending cases list
        • Item icon Remove hearing from list
        • Item icon Restraining order
        • Item icon Transfer of proceedings
        • Item icon Vacation of hearing date
      • Folder icon Library of children orders
        • Item icon Agreement not to relocate
        • Item icon Alcohol and drugs prohibition
        • Item icon Alcohol not consumed within 12 hours of handover
        • Item icon Change of name - General
        • Item icon Change of name - Hyphenated surname
        • Item icon Change of name - Restrained from using a particular name
        • Item icon Changeovers - At school
        • Item icon Changeovers - Child delivered by
        • Item icon Changeovers - Delivery to home
        • Item icon Changeovers - Location
        • Item icon Changeovers - Not to remain after
        • Item icon Changeovers - Specified person not to attend
        • Item icon Changeovers - Supervised location
        • Item icon Communication - Extensive
        • Item icon Discharging previous orders - All orders
        • Item icon Equal responsibility, living with and spending time with
        • Item icon Live with each party for a period - Week about
        • Item icon Living arrangements relocation and communication
        • Item icon Location order individual
        • Item icon Medical treatment decisions
        • Item icon Medical treatment decisions one party responsible
        • Item icon Medical treatment not without consulting other party
        • Item icon Non-molestation order
        • Item icon Obligation to provide contact details
        • Item icon Overnight away from party's home not permitted
        • Item icon Parental responsibility - No consultation unless major long term issue
        • Item icon Passport - Consent dispensed with - Issue and renewal
        • Item icon Passport - Holding passports pending travel
        • Item icon Passport - Registrar to hold pending orders or consent
        • Item icon Passport consent dispensed with
        • Item icon Passports application not to be made
        • Item icon Passports to be surrendered
        • Item icon Paternity test
        • Item icon Recovery order parties
        • Item icon Refrain from making critical or derogatory remarks
        • Item icon Refrain from psychological intervention
        • Item icon Religious instruction
        • Item icon Restraint from leaving Canada
        • Item icon Schooling - School to attend
        • Item icon Schooling sole responsibility
        • Item icon Sole parental responsibility - Consult and advise other party
        • Item icon Sole parental responsibility - Education
        • Item icon Sole parental responsibility - Exception school and medical
        • Item icon Sole parental responsibility - General
        • Item icon Sole parental responsibility - Major long term issues
        • Item icon Sole parental responsibility - Sporting activities
        • Item icon Spend time alternate weekends one midweek night
        • Item icon Spend time with and communicate as agreed
        • Item icon Spending time - Child's birthday
        • Item icon Spending time - Father's Day and Mother's Day
        • Item icon Spending time - Parent's birthday
        • Item icon Spending time - Refrain from seeing person
        • Item icon Spending time with grandparents
        • Item icon Supervision of time spent with a party
        • Item icon Telephone communication - Every night
        • Item icon Telephone communication - Every other night
        • Item icon Telephone communication - One evening a week
        • Item icon Urinalysis and hair follicle testing - Monthly
        • Item icon Urinalysis and hair follicle testing - Weekly
        • Item icon Varying previous orders
      • Folder icon Library of property orders
        • Item icon Acquisition of other party's interest in property being sold
        • Item icon Asset pool incomplete
        • Item icon Assets and liabilities not listed retained by parties
        • Item icon Assets cannot be disposed of or encumbered
        • Item icon Encumbrance or loan redraw not permitted
        • Item icon Exclusive occupation and non molestation
        • Item icon Final resolution of financial relationship
        • Item icon Indemnity
        • Item icon Liberty to apply - Property
        • Item icon Occupation and vacation of property pending sale
        • Item icon Parties to do all things necessary to give effect to orders
        • Item icon Payment of mortgage and property accounts pending sale
        • Item icon Personal property and furniture - Division after valuation
        • Item icon Personal property and furniture - Division in accordance with schedule
        • Item icon Personal property and furniture - Two list division
        • Item icon Possession to be delivered to the other party
        • Item icon Resign - Appoint as director - Secretary - Public officer
        • Item icon Sale of property and division of proceeds
        • Item icon Severance of joint tenancies
        • Item icon Transfer business
        • Item icon Transfer business name
        • Item icon Transfer of all entities companies trusts both business and personal
        • Item icon Transfer property and payment including default and interest provisions when payment not made
        • Item icon Transfer property to one party and remortgage
        • Item icon Transfer property to one party and remortgage with sale on default
        • Item icon Transfer shares
    • Folder icon Continuing Record and Table of Contents
      • Item icon Continuing record and table of contents
        The continuing record and a table of contents contains the documents filed with the court. The spouse starting a case must prepare the continuing record: r 9(1) of the Family Law Rules. They must also serve it on the other party and file a copy with the court including an affidavit of service ...

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      • Item icon Continuing Record - Cover Sheet
      • Item icon Continuing Record - Cumulative Table of Contents
    • Item icon Answer and reply
      Two forms apply when responding to an application for equalization of net family property:

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    • Item icon Answer
    • Item icon Example content - Answer
    • Item icon Reply
    • Item icon Example content - Reply
    • Folder icon If required - Library of additional forms
      • Item icon Affidavit for Filing Domestic Contracts
      • Item icon Children's Aid Society Report on Records
      • Item icon Consent Form for Police Record Check (Non-Parent Custody Applicants)
      • Item icon Consent to Payment out of Court Form
      • Item icon Intake Form - Office of the Children's Lawyer
      • Item icon Minors’ Funds Financial Information Form
      • Item icon Order (General)
      • Item icon Order (Uncontested Trial)
      • Item icon Order on Motion Without Notice
      • Item icon Parenting and Contact Order - Office of the Children's Lawyer
      • Item icon Request for Payment out of Court Form
      • Item icon Voice of the Child Intake Form
    • Folder icon If required - Uncontested trial
      • Item icon Affidavit for Uncontested Trial
  • Folder icon D. Filing and service
    • Item icon Electronic filing
      Most family law documents can be filed electronically using the Ontario Justice Services Online portal. Access to the secure government portal requires creation of a My Ontario Account. The My Ontario Account replaces the ONe-key login requirement for submission of documents electronically. Users ...

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    • Item icon File family court documents online – Ministry of the Attorney General
    • Item icon Justice Services Online
    • Folder icon If required - Waiver of court fees
      • Item icon Have your court fees waived - Information from Ministry of the Attorney General
      • Item icon Fee Waiver Request to Registrar, Clerk or Sheriff
    • Item icon File in person
      Filing in person at the court is only available for self represented parties. An Ontario court has jurisdiction to hear and determine divorce proceedings if either spouse has been resident there for at least one year before commencing proceedings: s 3(1) of the Divorce Act 1985.

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    • Item icon Letter to client advising that documents have been filed
    • Item icon Service
      Rule 6 of the Family Law Rules governs the service of documents in proceedings under the Divorce Act 1985 and the Family Law Act 1990. Depending on the document being served, service may be by regular or special service: r 6(1). The party required to serve the document cannot effect ...

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    • Item icon Letter to other side serving documents
    • Item icon Special service
      Once issued by the court an application for divorce Form 8 or Form 8A must be served immediately on every other party by way of special service: r 8(5) of the Family Law Rules. The party required to serve the document cannot effect special service of the application, a motion to change or ...

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    • Item icon Letter to process server to serve documents
    • Item icon Letter to process server to file documents
    • Item icon Affidavit of Service
    • Folder icon If required - Other forms of service
      • Item icon Substituted service
        A party may make a motion to the court using Form 14B to request an order allowing for substituted service of documents: r 6(15) of the Family Law Rules. This arises in situations when the party to be served cannot be found or cannot be served for a reason. The party making the motion must ...

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      • Item icon Service by advertisement
        The court may order that a document is served by advertisement: r 6(17) of the Family Law Rules. If ordered, the Form 6A Advertisement is used.

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      • Item icon Advertisement
      • Item icon Approval of irregular service
        The court may make an order approving service not allowed by the Rules on evidence the document came to the attention of the person to be served or would have come to their attention if they had not been evading service: r 6(18) of the Family Law Rules.

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    • Item icon Proof of service
      Under r 6(19) of the Family Law Rules, service of a document is proved by:

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    • Item icon When service is effective
      Service is effective by:

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    • Item icon Case Center
      Case Center is a cloud-based document-sharing platform for in person and virtual court appearances. All parties, judicial officials, and court staff have access to documents uploaded to the platform. Case Center allows the parties, judge, and court staff to:

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    • Item icon Participant Information Form
    • Folder icon If required - Late filing
      • Item icon Letter to other side's lawyer requesting consent to late file
      • Item icon Consent to Late Filing
  • Folder icon E. Going to court
    • Folder icon Mandatory Information Program
      • Item icon Mandatory Information Program
        The Mandatory Information Program (MIP) informs parties about separation and the legal process, including information on:

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      • Item icon Letter to client regarding mandatory information session
      • Item icon Letter to other side's lawyer seeking mediation
      • Item icon Letter to other side's lawyer seeking financial disclosure
    • Item icon First appearance
      The first appearance is an administrative review of documents in front of a court clerk. This takes place for certain cases in the Family Court of the Superior Court of Justice, excluding case types listed under r 39(7) of the Family Law Rules such as divorce or property claims, and for nearly ...

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    • Folder icon Binding judicial dispute resolution
      • Item icon Binding judicial dispute resolution
        Binding judicial dispute resolution is available under r 43 of the Family Law Rules. It only applies to cases in the Superior Court of Justice, including the Family Court of the Superior Court of Justice, at certain approved court locations. The list of approved court locations is updated on ...

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      • Item icon Affidavit (General)
      • Item icon Motion Form
      • Item icon Financial Statement (Support Claims)
      • Item icon Financial Statement (Property and Support Claims)
      • Item icon Certificate of Financial Disclosure
      • Item icon Net Family Property Statement
      • Item icon Comparison of Net Family Property Statements
      • Item icon Affidavit (Decision Making Responsibility, Parenting Time, Contact)
      • Item icon Affidavit (Child Protection Information)
      • Item icon Statement of Money Owed
    • Item icon Conferences
      Rule 17 of the Family Law Rules governs the conduct of conferences. In each case where an answer is filed, a judge must conduct at least one conference: r 17(1). These conferences may include case conferences, settlement conferences, or trial management conferences. The judge may combine ...

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    • Folder icon Conferences
      • Item icon Letter to other side's lawyer scheduling a conference
      • Item icon Conference Notice
      • Item icon Letter to other side's lawyer enclosing confirmation of conference
      • Item icon Confirmation of Conference
      • Folder icon Case conference
        • Item icon Case conference
          The case conference is an opportunity for the parties and their lawyers to have a meeting under the guidance of a judge in an attempt to agree on some of the issues in the case. The purposes of a case conference include ensuring disclosure of the relevant evidence, setting the date for the next ...

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        • Item icon Case Conference Brief - General
        • Item icon Example content - Case conference brief
        • Item icon Case Conference Brief for Protection Application or Status Review
      • Folder icon Settlement conference
        • Item icon Settlement conference
          The settlement conference is an attempt to resolve or narrow the issues in dispute to avoid having to go to trial. Under r 17(5) of the Family Law Rules the stated purpose of the conference includes:

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        • Item icon Settlement Conference Brief - General
        • Item icon Example content - Settlement conference brief
        • Item icon Settlement Conference Brief (Protection Application or Status Review)
      • Folder icon Trial management conference
        • Item icon Trial management conference
          The trial management conference is to confirm the parties are prepared for trial. It normally takes place 2 weeks before the trial date. Pursuant to r 17(6) of the Family Law Rules the purpose of the conference includes:

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        • Item icon Trial Management Conference Brief
        • Item icon Trial Scheduling Endorsement Form
    • Folder icon Offers to settle
      • Item icon Offers to settle
        Offers to settle are governed by r 18 of the Family Law Rules. An offer can be made at any point in the process, including before or after an application is made: r 18(2). Either party may make and serve an offer on the other party: r 18(3).

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      • Item icon Example content - Offer to settle
      • Item icon Letter to client enclosing offer to settle for approval
      • Item icon Letter to other side serving offer to settle
      • Item icon Letter to other side's lawyer enclosing offer to settle
      • Folder icon If required - Withdrawal of offer to settle
        • Item icon Notice of Withdrawal
      • Item icon Letter to other side's lawyer serving draft order for signing
      • Folder icon Library of clauses and orders
        • Item icon Standard clauses for orders – Ministry of the Attorney General
        • Folder icon Library of general orders
          • Item icon Adjournment
          • Item icon Conciliation conference
          • Item icon Counsel reasonable to brief
          • Item icon Direction for filing
          • Item icon Discharging previous orders
          • Item icon Disclosure within 14 days
          • Item icon Expert's report to be filed
          • Item icon Experts confer and file joint statement
          • Item icon Financial statement to be filed
          • Item icon Further affidavits to be filed for interim application
          • Item icon Liberty to apply - General
          • Item icon Other applications dismissed
          • Item icon Remove from active pending cases list
          • Item icon Remove hearing from list
          • Item icon Restraining order
          • Item icon Transfer of proceedings
          • Item icon Vacation of hearing date
        • Folder icon Library of children orders
          • Item icon Agreement not to relocate
          • Item icon Alcohol and drugs prohibition
          • Item icon Alcohol not consumed within 12 hours of handover
          • Item icon Change of name - General
          • Item icon Change of name - Hyphenated surname
          • Item icon Change of name - Restrained from using a particular name
          • Item icon Changeovers - At school
          • Item icon Changeovers - Child delivered by
          • Item icon Changeovers - Delivery to home
          • Item icon Changeovers - Location
          • Item icon Changeovers - Not to remain after
          • Item icon Changeovers - Specified person not to attend
          • Item icon Changeovers - Supervised location
          • Item icon Communication - Extensive
          • Item icon Discharging previous orders - All orders
          • Item icon Equal responsibility, living with and spending time with
          • Item icon Live with each party for a period - Week about
          • Item icon Living arrangements relocation and communication
          • Item icon Location order individual
          • Item icon Medical treatment decisions
          • Item icon Medical treatment decisions one party responsible
          • Item icon Medical treatment not without consulting other party
          • Item icon Non-molestation order
          • Item icon Obligation to provide contact details
          • Item icon Overnight away from party's home not permitted
          • Item icon Parental responsibility - No consultation unless major long term issue
          • Item icon Passport - Consent dispensed with - Issue and renewal
          • Item icon Passport - Holding passports pending travel
          • Item icon Passport - Registrar to hold pending orders or consent
          • Item icon Passport consent dispensed with
          • Item icon Passports application not to be made
          • Item icon Passports to be surrendered
          • Item icon Paternity test
          • Item icon Recovery order parties
          • Item icon Refrain from making critical or derogatory remarks
          • Item icon Refrain from psychological intervention
          • Item icon Religious instruction
          • Item icon Restraint from leaving Canada
          • Item icon Schooling - School to attend
          • Item icon Schooling sole responsibility
          • Item icon Sole parental responsibility - Consult and advise other party
          • Item icon Sole parental responsibility - Education
          • Item icon Sole parental responsibility - Exception school and medical
          • Item icon Sole parental responsibility - General
          • Item icon Sole parental responsibility - Major long term issues
          • Item icon Sole parental responsibility - Sporting activities
          • Item icon Spend time alternate weekends one midweek night
          • Item icon Spend time with and communicate as agreed
          • Item icon Spending time - Child's birthday
          • Item icon Spending time - Father's Day and Mother's Day
          • Item icon Spending time - Parent's birthday
          • Item icon Spending time - Refrain from seeing person
          • Item icon Spending time with grandparents
          • Item icon Supervision of time spent with a party
          • Item icon Telephone communication - Every night
          • Item icon Telephone communication - Every other night
          • Item icon Telephone communication - One evening a week
          • Item icon Urinalysis and hair follicle testing - Monthly
          • Item icon Urinalysis and hair follicle testing - Weekly
          • Item icon Varying previous orders
        • Folder icon Library of property orders
          • Item icon Acquisition of other party's interest in property being sold
          • Item icon Asset pool incomplete
          • Item icon Assets and liabilities not listed retained by parties
          • Item icon Assets cannot be disposed of or encumbered
          • Item icon Encumbrance or loan redraw not permitted
          • Item icon Exclusive occupation and non molestation
          • Item icon Final resolution of financial relationship
          • Item icon Indemnity
          • Item icon Liberty to apply - Property
          • Item icon Occupation and vacation of property pending sale
          • Item icon Parties to do all things necessary to give effect to orders
          • Item icon Payment of mortgage and property accounts pending sale
          • Item icon Personal property and furniture - Division after valuation
          • Item icon Personal property and furniture - Division in accordance with schedule
          • Item icon Personal property and furniture - Two list division
          • Item icon Possession to be delivered to the other party
          • Item icon Resign - Appoint as director - Secretary - Public officer
          • Item icon Sale of property and division of proceeds
          • Item icon Severance of joint tenancies
          • Item icon Transfer business
          • Item icon Transfer business name
          • Item icon Transfer of all entities companies trusts both business and personal
          • Item icon Transfer property and payment including default and interest provisions when payment not made
          • Item icon Transfer property to one party and remortgage
          • Item icon Transfer property to one party and remortgage with sale on default
          • Item icon Transfer shares
      • Item icon Costs consequences of failure to accept offer
    • Folder icon Continuing Record and Table of Contents
      • Item icon Continuing record and table of contents
        The continuing record and a table of contents contains the documents filed with the court. The spouse starting a case must prepare the continuing record: r 9(1) of the Family Law Rules. They must also serve it on the other party and file a copy with the court including an affidavit of service ...

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      • Item icon Continuing Record - Cover Sheet
      • Item icon Continuing Record - Cumulative Table of Contents
    • Folder icon If required - Requests, motions and restraining orders
      • Folder icon Requests
        • Item icon Response to Request to Admit
        • Item icon Request to Admit
        • Item icon Request for Information
        • Item icon Letter of Request
      • Folder icon Motions
        • Item icon Letter to other side's lawyer to schedule a motion
        • Item icon Confirmation of Motion
        • Item icon Order on Motion Without Notice
        • Item icon Notice of Motion
        • Item icon Motion Form
        • Item icon Affidavit (General)
      • Folder icon Restraining orders
        • Item icon Restraining Order
        • Item icon Order Terminating Restraining Order
        • Item icon Restraining Order on Motion Without Notice
    • Folder icon If required - Late filing
      • Item icon Letter to other side's lawyer requesting consent to late file
      • Item icon Consent to Late Filing
    • Item icon Letter to client advising that documents have been filed
    • Folder icon If required - Change in representation and withdrawal
      • Item icon Notice of Change in Representation (going on the Record)
      • Item icon Letter to other side's lawyer advising of change of representation
      • Item icon Notice of Withdrawal
  • Folder icon F. Trial
    • Item icon Pre-trial
      If the parties are unable to settle, they prepare for trial. At least 20 days before the start of the trial the Family Law Rules r 23(1) require the applicant to serve and file a trial record containing a table of contents and the following documents:

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    • Item icon Letter to client regarding hearing date
    • Folder icon If required - Requests, motions and restraining orders
      • Folder icon Requests
        • Item icon Response to Request to Admit
        • Item icon Request to Admit
        • Item icon Request for Information
        • Item icon Letter of Request
      • Folder icon Motions
        • Item icon Letter to other side's lawyer to schedule a motion
        • Item icon Confirmation of Motion
        • Item icon Order on Motion Without Notice
        • Item icon Notice of Motion
        • Item icon Motion Form
        • Item icon Affidavit (General)
      • Folder icon Restraining orders
        • Item icon Restraining Order
        • Item icon Order Terminating Restraining Order
        • Item icon Restraining Order on Motion Without Notice
    • Folder icon If required - Witnesses and experts
      • Item icon Order for Prisoner's Attendance
      • Item icon Notice Disputing Approval of Order
      • Item icon Acknowledgement of Expert's Duty
      • Item icon Summons to Witness
      • Item icon Summons to Witness Outside Ontario
    • Item icon Example - Trial record table of contents
    • Item icon Letter to other side serving documents
    • Folder icon Trial management conference
      • Item icon Trial management conference
        The trial management conference is to confirm the parties are prepared for trial. It normally takes place 2 weeks before the trial date. Pursuant to r 17(6) of the Family Law Rules the purpose of the conference includes:

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      • Item icon Trial Management Conference Brief
      • Item icon Trial Scheduling Endorsement Form
    • Item icon Book of authorities
    • Item icon Factum
    • Item icon Trial
      The trial proceeds in accordance with the directions set out at the trial management conference. The judge at the trial is not the same judge as who appeared during the conferences.

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    • Item icon Costs
      The court has the discretion to award costs in a proceeding: s 131(1) of the Courts of Justice Act 1990. The court’s discretion is broad. When it is exercised, the court makes a determination as to costs after consideration of many factors, including a party’s behaviour during the case, any ...

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    • Item icon Appeals
      Appeal routes in Ontario depend on which court made the original order, whether it is a final or temporary order, and the monetary amount of the order appealed. A final order of the Ontario Court of Justice is appealed to the Superior Court of Justice. The exception is a final order under the ...

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    • Item icon Notice of Appeal
    • Folder icon If required - Change in representation and withdrawal
      • Item icon Notice of Change in Representation (going on the Record)
      • Item icon Letter to other side's lawyer advising of change of representation
      • Item icon Notice of Withdrawal
  • Folder icon G. Finalizing the divorce
    • Item icon Determination of application
      On application of either or both spouses, where a court determines that there has been a breakdown of the marriage the court may grant a divorce to the spouses: s 8(1) of the Divorce Act 1985. Before considering the evidence, the court must satisfy itself that there is no possibility of ...

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    • Item icon Certificate of Clerk (Divorce)
    • Item icon Affidavit for Divorce
    • Item icon Divorce Order
    • Item icon When the divorce order takes effect
      Generally, the divorce takes effect 31 days after the day the divorce order was granted: s 12(1) of the Divorce Act 1985. The court has the power to order that a divorce takes effect earlier in special circumstances: s 12(2).

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    • Item icon Letter to client confirming divorce granted
    • Item icon Divorce certificate
      When a divorce takes effect, either party may request the clerk to issue a divorce certificate Form 36B: r 36(8) of the Family Law Rules. A divorce certificate is generally only required for remarriage. A request is made at the court where the application was filed either in person, by email, ...

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    • Item icon Online Certificate Application – ServiceOntario
    • Item icon Letter to client enclosing copy of divorce certificate
  • Folder icon H. Finalizing the matter
    • Item icon Finalizing the matter
      Once negotiations or court proceedings are completed, the terms of the domestic contract or orders need to be implemented. This requires:

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    • Item icon Letter to client finalizing the matter
    • Item icon Invoice recital - Divorce
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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