Family Lawyers in Toronto & GTA

What Family Law Covers in Ontario

Family law in Ontario is shaped by a combination of federal and provincial legislation. The federal Divorce Act governs divorce and many aspects of parenting and support for married couples. Ontario’s Family Law Act, Children’s Law Reform Act, and Child, Youth and Family Services Act govern property division, common-law relationships, decision-making responsibility, child protection, and related matters. Family lawyers in Ontario are licensed by the Law Society of Ontario and handle cases in the Ontario Court of Justice, the Superior Court of Justice (Family Court), and the Unified Family Court where available.

Family lawyers commonly handle the following types of matters.

Divorce and separation

Ending a marriage or a common-law relationship in Ontario involves legal decisions about parenting, support, and the division of property and debts. Divorce under the federal Divorce Act requires grounds (most commonly, one year of separation), while common-law separations follow provincial law. A family lawyer guides you through the process, drafts the necessary agreements or court documents, and represents you if the matter goes to court.

Decision-making responsibility and parenting time

What used to be called “custody and access” is now referred to in federal law as “decision-making responsibility” and “parenting time.” These terms describe who makes major decisions for the children (education, health care, religion) and how parenting time is shared. Every decision must be made in the best interests of the child, which is the legal standard that governs all parenting disputes in Canada. For a detailed guide to how Ontario courts decide custody arrangements, parenting plans, and what the best interests test means in practice, read our Child Custody in Ontario guide.

Child support

Child support in Ontario is calculated under the Federal Child Support Guidelines or Ontario’s equivalent provincial guidelines. The amount depends on the paying parent’s income, the number of children, and the parenting arrangement. A family lawyer ensures the correct income is used, that special and extraordinary expenses (known as section 7 expenses) are properly addressed, and that the support arrangement is enforceable.

Spousal support

Spousal support is often more complicated than child support because there are no mandatory guidelines. Ontario courts and family lawyers rely on the Spousal Support Advisory Guidelines for a framework, but the amount and duration depend on the length of the relationship, each spouse’s income and needs, and the roles played during the relationship. Entitlement is not automatic; a family lawyer helps you understand whether support is likely and what range is reasonable.

Division of property

Married spouses in Ontario are entitled to an equalization of net family property when the marriage ends. Common-law partners have no automatic right to property division, though they may have claims based on trust principles or written cohabitation agreements. A family lawyer helps you identify all assets and debts, value them correctly (including pensions, businesses, and real estate), and negotiate or litigate the equalization payment.

Separation agreements

A separation agreement is a written contract that resolves the issues arising from the breakdown of a relationship: parenting, support, property, and often other matters. A properly drafted separation agreement, signed after each spouse has received independent legal advice, can avoid the need for a contested court case. A family lawyer drafts or reviews the agreement and advises you whether signing it is in your interest.

Marriage contracts and cohabitation agreements

Before or during a relationship, couples can set out how property, support, and other matters would be handled if the relationship ends. These are called marriage contracts (for married couples) or cohabitation agreements (for common-law partners). They are especially important for second marriages, for blended families, and for couples with significant premarital assets.

Adoption

Adoption in Ontario can take several forms: public adoption through a Children’s Aid Society, private adoption through a licensed agency or lawyer, international adoption, and stepparent or relative adoption. A family lawyer experienced in adoption guides you through the specific legal requirements that apply to each pathway.

Child protection matters

If a Children’s Aid Society becomes involved with your family, you should consult a family lawyer immediately. Child protection proceedings can move quickly, and the stakes are among the highest in family law. Legal Aid Ontario frequently funds representation in these matters.