Family Law Lawyer in Vaughan, GTA

Basic Legal Terms Everyone Should Know in Family Law

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

Family law matters can be emotionally challenging, and the legal terminology used in Ontario family law can feel overwhelming. Understanding some basic legal terms can help you better navigate issues related to separation, divorce, parenting, and support.

Separation

Separation occurs when spouses decide to live apart with the intention that the relationship has ended. In Ontario, spouses can be considered separated even if they continue living under the same roof, as long as they are no longer functioning as a couple. Separation is often the starting point for resolving parenting, support, and property issues.

Divorce

Divorce is the legal termination of a marriage and applies only to legally married spouses. In Canada, divorce is governed by the federal Divorce Act. A divorce can only be granted after spouses have been separated for at least one year, unless there are exceptional circumstances such as adultery or cruelty.

Custody and Access (Parenting Arrangements)

Although the terms “custody” and “access” are still commonly used, Ontario family law now emphasizes “decision-making responsibility” and “parenting time.” Decision-making responsibility refers to who has the authority to make major decisions about a child’s education, health care, and upbringing. Parenting time refers to the time a child spends with each parent.

Child Support

Child support is the financial contribution paid by one parent to the other for the benefit of the child. In Ontario, child support is generally determined using the Federal Child Support Guidelines, which consider the paying parent’s income and the number of children. Child support is the right of the child and cannot be waived by parents.

Spousal Support

Spousal support is financial support that one spouse may be required to pay to the other after separation or divorce. It is not automatic and depends on factors such as the length of the relationship, roles during the marriage, income differences, and financial need. Spousal support can be paid for a fixed period or indefinitely, depending on the circumstances.

Equalization of Net Family Property

Ontario follows an equalization system for dividing property after marriage breakdown. Each spouse calculates their net family property, which is generally the increase in their net worth during the marriage. The spouse with the higher net family property may owe an equalization payment to the other to ensure fairness.

Domestic Contract

A domestic contract is a legally binding agreement between spouses or partners. Common types include marriage contracts (prenups), cohabitation agreements, and separation agreements. These contracts can address property division, support, and other family law issues, provided they meet legal requirements.

Seeking Legal Support

Family law issues can have lasting financial and emotional consequences. Understanding basic legal terms is an important first step, but every situation is unique.

At Majoka Law, we are committed to helping individuals and families in Ontario navigate family law matters with clarity and confidence. If you are facing a separation, divorce, or parenting dispute, speaking with an experienced family law lawyer can help you understand your options and protect your rights.