Find answers to common questions about divorce, separation, and family law in Ontario
If you sell your home during a separation or divorce, the proceeds (equity) are typically held in trust. The funds are not released to either party until issues such as custody and access, child and spousal support, and the division of property have been legally resolved.
The lawyer acting on your behalf in the sale of the home is responsible for holding the proceeds in trust. Funds held in trust do not accrue interest as they would in a financial institution. The amount remains unchanged until all legal matters have been fully resolved and the funds are authorized for release in accordance with the applicable legal agreements or court orders.
Financial disclosures comprise essential documents that detail an individual's or a business financial position. In divorce proceedings, they typically encompass income statements, expense records, asset inventories, debt obligations, tax returns, bank statements, and property appraisals.
Parties are obligated to exchange these documents comprehensively and promptly, as mandated by applicable court rules or regulations. Judicial authorities verify the completeness and accuracy of disclosures; non-compliance, such as concealment of information, may result in financial penalties.
No, you must wait 6 months to 1 year from the separation date before applying for divorce. Separation starts when you stop acting as a couple—no intimacy, shared finances, or household roles—even if living together.
You can file sooner on fault grounds like adultery or cruelty if proven with evidence such as admissions, documents, or police reports. Trial reconciliations up to 90 days don't reset the one-year clock.
An uncontested divorce occurs when both spouses agree on all major issues like property division, support, and child custody without needing court battles. This leads to a faster, cheaper process where the court mainly reviews and approves the couple's written settlement agreement.
A contested divorce happens when spouses disagree on key issues like property division, child custody, or support, requiring court intervention to resolve disputes. This contrasts with uncontested divorces by involving litigation instead of simple agreement approval.
An interim separation agreement is a temporary, legally binding contract between separating spouses that addresses immediate issues like property use, support payments, and living arrangements while divorce proceedings continue. It provides structure during the separation period without finalizing the full divorce.
An interim separation agreement sets out clear, temporary rules for parenting, support, and finances while you wait for a final separation agreement or divorce.
It can reduce conflict, lower legal costs, and help you avoid repeated court motions. Ontario courts often respect and enforce these agreements when they are fair and based on full financial disclosure.
An interim separation agreement can also help with housing. Banks, mortgage lenders, and landlords in Ontario may accept it as proof of temporary financial arrangements, which can help you secure housing while your divorce is still ongoing.