Isaac's Family Law Blog

Family Law Court Process If you start litigation in your family law matter, or if you are served with a court application or motion to change, there are several major steps along the road toward a judicial decision: Step 1: The Application Unless you have a court order or a signed contract, the way in which you would begin the court process is through an application. In discussion with your lawyer, you would decide what claim(s) to make and list the facts that you intend to rely on to support the claim(s).  If you are making claims that involve support or property, you will also have to prepare a financial statement that accompanies the application. Your lawyer will help you identify which type of financial statement and to gather the required supporting documents, which we generally call "disclosure." If your application includes a claim for decision making responsibility, you will also have to swear to a document called an affidavit for parenting matters, which sets out inf...

Marriage Contracts These contracts are for those who are planning to get married (pre-nuptial/pre-wedding) or are already married (marriage contract). Although it should be noted that in Ontario law we only have a 'marriage contract,' and this can be signed by a couple before or after their wedding.  This type of contract allows a couple to agree on property or support. They can agree on different terms that what the default law may dictate in the event of a breakdown of the marriage.  For example, Ontario's Family Law Act has special rules for dividing what is called the "matrimonial home." Each spouse receives an equal share, regardless of who paid more of the expenses such as the down payment or mortgage loan.  But with a marriage contract, a couple can agree to a different division of the matrimonial home's value if the relationship were to end. This contracting power is especially valuable to those who have already been divorced once or are on their secon...