Category: Annulment vs Divorce, Separation & Divorce

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...

According to the Divorce Act, there are three bars or obstacles to divorce in Ontario. The first bar to divorce in Ontario is collusion. Collusion is defined as an agreement or conspiracy where the Applicant is a direct or an indirect party attempting to subvert the administration of justice. For example, an arrangement to fabricate evidence to mislead the court would be colluding. Collusion does not include an agreement to the extent that it provides for the separation between parties, financial support, division of property or the custody of any child of the marriage. The second bar to divorce in Ontario is if the court determines that reasonable arrangements for the support of the children have not been made. In other words, the court must satisfy itself that reasonable arrangements have been made for the support of the children before granting a divorce. If such arrangements have not been made, the court will stay the granting of the divorce until these arrangements are made. The third bar to divorce in Ontario is condonation or connivance. In other words, if the divorce is based on the breakdown of the relationship established through adultery and the Applicant condoned or connived in the adultery, the...

What Does Valuation Mean? Merriam Webster defines valuation as figuring out the value of items including property and personal assets. Valuations are used in different ways in Ontario family law. For example: a valuation can be used to determine a spouse’s income (“income assessment”); a valuation can determine the value of a business (“business valuation”). to determine the equalization payment owing from one married spouse to another, a “snap shot” is taken of each spouse’s assets less debts on two dates: the date of marriage and “valuation date”. The party who had a greater net family property, pays the other party half of the difference between their net family properties. Valuation Date: Section 4(1) of the Family Law Act determines that the valuation date is the earliest of the following: The date of divorce The day the relationship breaks down and there is no “reasonable prospect” that the couple will not get back together The date the marriage is declared a nullity The date a party brings a proceeding for improvident depletion that the court grants The day before one spouse member passes away, leaving the other surviving The “valuation date” is commonly the date the parties separate. Variation of...

An individual is entitled to obtain a legal divorce if there has been a “breakdown of the marriage” according to the Divorce Act. A “breakdown of the marriage” includes but is not limited to adultery. In recent years, with the development of technological advancements, the question of what constitutes “adultery” has become a more relevant issue. Whether or not “adultery” in Ontario extends to communications and actions conducted online (ex: text-based sexual message exchanges) has yet to be addressed. However, the more evidence one has on the escalation of the online relationship, the greater the chances of convincing a judge that a spouse has, in fact, committed adultery. The determination of whether or not cyber communications and relations constitute adultery will often be a fact-specific inquiry. It ought to be noted that the “breakdown of the marriage” is not often established by proving that one spouse has committed adultery. This is because it can be costly and take a long time in order to prove the adultery. In most cases, the "breakdown of the marriage" is often demonstrated by establishing that the parties have been separated for one year. This is the primary ground used to establish that there has been...