Category: Separation & Divorce

Yes. According to Ontario law both you and your spouse can be considered to be legally separated in Ontario regardless of the fact that you are living in the same residence. This, however, depends on the facts that surround your current relationship. If it is your position that, although you and your spouse are living at the same residence, you are legally separated in Ontario, and your spouse is denying or claiming otherwise, the courts usually will require clear evidence that you are no longer in a spousal relationship. Some of the factors used in order to determine if you and your partner have a legal separation in Ontario include, but are not limited to the following: Do you still engage in physical intimacy? Do you still engage in social activities together? Do you and your spouse do household chores for the other (such as cooking, housekeeping, laundry, etc.)? The court may take into consideration evidence that illustrates the intent of the parties. In other words, did you in fact hold yourself out to your friends and family as separated, as opposed to maintaining the status of the relationship to third parties. For example, were forms of any kind completed stating that you are “separated”...

The case of Essa v. Mekawi highlights various essential themes pertaining to the recognition of a foreign divorce. In this case, the wife asked the Court in Ontario to declare that the divorce granted in Egypt not be recognized by the Ontario courts. The husband, residing in Egypt at the time, requested the return of his children. The implications of recognizing the divorce would spell the defeat of most or all of the wife’s claims. In his ruling, Justice Campbell conveys the only scenarios whereby a foreign divorce ought not to be recognized. Justice Campbell refers to section 22 of the Divorce Act and specifically points to subsection 22(3): (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce. (2) A divorce granted, after July 1, 1968, pursuant to a...

No. In your family law matter, you and your partner need different, independent lawyers. Spouses' and common-law partners' interests may be and often are conflicting. In view of this, each party in a family law matter requires his or her own lawyer. Your lawyer should fully explain the law to you on each individual issue as well as the strengths and weaknesses of your case. Your family lawyer must be free from any conflict of interest so that he or she can effectively represent your interests.

In Ontario, the only ground for divorce is that there has been a breakdown of the marriage (Divorce Act, section 8(1)). The Divorce Act defines a breakdown of a marriage to be one of three things: Both parties to the divorce proceedings have lived separate and apart for at least one year immediately before the determination of the divorce proceeding. The parties also had to be living separate and apart at the beginning of the proceeding; A spouse who has committed adultery; or, A spouse who has caused physical or mental cruelty to his/her spouse to the point where it would be deemed impossible for the parties to continue to live together. Section 10 of the Divorce Act explains that the court has a duty to recognize when there is a possibility of reconciliation between the two parties to the divorce proceeding, and when present, must interfere and either adjourn the proceeding to allow the spouses the opportunity to reconcile, or nominate a “person with experience or training in marriage counselling or guidance” with the consent of both parties. To learn more about the grounds for divorce in Ontario as well as the services provided by Krol & Krol, call 905.707.3370 today.

The case of Niyazov v. Tkatch is one of extreme importance to those filing a joint application for divorce. Although a court can grant a divorce based on the fact that one of the parties committed adultery, that only applies in uncontested divorce applications. However, when the parties file a joint application for divorce, if one of which committed adultery, the joint application will not be granted. Justice McGee explained in Niyazov v. Tkatch that  a party may not file for divorce on the basis that he/she committed adultery due to the court’s duty to uphold the sanctity of marriage. As Justice McGee stated: "The institution of marriage requires special protection. It is not merely the private concern of the parties, and although such sentiment may [ . . . ] at first glance strike the reader as antiquated, it remains alive and well within the present day preamble of the Family Law Act…….. The jurisdiction of the Court in divorce matters differs from that in other ligation adventures. The Court is vested with a peculiar duty of protecting the sanctity of marriage and the family in the exercise of its responsibilities, insofar as it can. I find that the relevant sections of both...

If the parties were married religiously and there are religious barriers to divorce, there may be instances where one of the spouses will refuse to consent to the divorce. If one of the spouses refuse to consent to a religious divorce (thereby preventing the other spouse from leaving the marriage and obtaining a divorce), the other spouse may file an affidavit with a civil court conveying the controlling actions of the first spouse and that the first spouse is using this barrier to religious marriage to prevent the other spouse from remarrying. Cases such as Bruker v. Markowitz have confirmed that the victimized spouse may bring an action in the civil courts for damages caused by the first spouse’s actions. The victimized spouse may bring a motion to strike out any other pleading or affidavit filed by the controlling spouse or to dismiss the controlling spouse’s application altogether. As was evidenced in Bruker v. Markowitz, a prime example of barriers to religious marriages occurs in the Jewish Religion. When a Jewish couple makes the decision to obtain a “Get” (divorce order) in order to remarry, they must go to a beth din. The beth din will only grant the “Get”...

This question relates to an issue of jurisdiction. Even if you do not hold Canadian citizenship, you may still be within your legal rights to file for, and obtain, a legally recognizable divorce in Canada. It is also possible to obtain a divorce in Canada even in the event that the marriage took place outside of Canada. In most cases, in the event that you are not a Canadian citizen, you have to apply for a divorce in the province where either you, or your spouse, have been living for at least one year.  More specifically, according to section 3(1) of the Divorce Act, “A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.” The court may require that you provide evidence of this. Not being able to provide such evidence may impair your ability to obtain a divorce within that province. For more information on applying for a divorce, if you are not a Canadian citizen, contact Krol & Krol at 905.707.3370.

A divorce is simply a severing of the marriage. It allows both parties to remarry. It is not rare for one partner to seek a divorce, while the other individual wishes for the marriage to continue. Whether or not your spouse agrees to filing for a divorce should not affect your ability to ultimately obtain one. There are different reasons for filing for divorce. The most common grounds is a one year separation. You are entitled to separate from your spouse and do no require his or her permission. This can be done by physically residing separately. This can also be articulated through the use of a written letter from your lawyer to your spouse, indicating that the separation has occurred. Following the completion of a one-year separation period, then you are able to apply for a divorce with the court. The divorce is likely to be granted without the desire of the other party, unless there is a legitimate and valid reason for opposing the divorce. For more information about applying for a divorce alone, contact Krol & Krol at 905.707.3370.

You may have made the decision to separate from your spouse or you may simply be looking for information on your rights and obligations if you get a divorce. However, now you are facing the sometimes daunting task to find and hire a divorce lawyer. There are several reasonable ways to find and hire a divorce lawyer. Irrespective of which way you choose, always make sure to properly research any lawyer you consult with. One of the most common ways to find and hire a divorce lawyer is to obtain a referral from a trusted friend or colleague who has already gone through the process. When you take this route, you have the benefit of getting an opinion from someone you know and trust. This may save you a lot of future complications and may also save you the time and energy it takes to find and hire a divorce lawyer. Another way to find and hire a divorce lawyer these days is to do an internet search for a divorce lawyer in your region. You can do a simple Google search, or you can also use specific websites such as Lawyer Ratingz to assist you to find and hire a...

You have made the difficult choice to separate and have booked an initial consultation with a family lawyer. Now what? In many family law situations, the initial consultation with a family lawyer will not be free of charge and will likely cost you several hundreds of dollars. If you are going to be paying for this time with a prospective family lawyer that you may wish to then hire, it makes sense to utilize this time in the most efficient manner possible. A separation and divorce can be one of the most emotional and difficult experiences a person will ever have to go through. As a result, the prospect of taking this step and attending at a first consultation with a family lawyer can be a stressful and overwhelming thought for many people. This is especially the case if you have not had much experience dealing with lawyers and especially if you have never personally been involved in a potentially contentious legal dispute. The stress level can be exacerbated if you are consulting with a lawyer during or shortly after the catalyst or event that led to the decision to separate. In order to ensure that your initial consultation is...