Practice Areas

Alternative Dispute Resolution

We are experienced in all forms of alternative dispute resolution. We work to achieve fair and equitable remedies without unnecessary recourse to litigation.
Assets and Property Division

Property rights in Ontario are set out in Part I of the Family Law Act. Only married or formerly married spouses have rights under this part.
Child Custody

For every decision made throughout the separation process, the resulting impact on any children must be properly considered.
Child Protection

We work quickly with our clients to develop plans of care to address or challenge the Children’s Aid Society’s concerns. We do this with the goal of maintaining family integrity and the best interests of the children.
Cohabitation Agreement

Usually, the main purpose of a cohabitation agreement is to protect each party’s finances in the event of a relationship breakdown including providing for, or limiting, spousal support.
Common Law Separation

To be considered common-law spouses in Ontario, the couple must live together in a conjugal relationship for a period of 3 years (if they have no children together), be in a relationship of some permanence if they are parents of a child, including adopted children.
Domestic Contracts & Agreements

We help our clients negotiate cohabitation agreements, marriage contracts, separation agreements, and openness agreements.
Domestic Violence

Domestic violence or intimate partner violence is unsettlingly common in Canada. Reports of domestic violence account for approximately one quarter of all police reported violent crimes.
Independent Legal Advice

Whether you need assistance with a domestic contract, adoption or any other family law issue, we can help you fully understand your rights and responsibilities.
Marriage Contracts / Prenuptial Agreements

We provide our clients with clear advice for all types of Marriage Contracts / Prenuptial Agreements. We guide them through the process of negotiating and drafting the terms of the agreement to ensure the best outcome for them.
Same-Sex Divorce

Legally married same-sex spouses have the same rights and obligations as legally married heterosexual spouses both federally, under the Divorce Act to claim divorce, and provincially under the Family Law Act for support claims and division of property.
Separation and Divorce

We firmly believe that wherever possible, it is always best to negotiate a settlement. We provide advice & guidance about the legal implications of these scenarios.
Spousal Support

A married spouse or a divorced spouse may apply for spousal support under the Divorce Act. A spouse may apply for spousal support under the Family Law Act.

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Ontario Divorce Law FAQ

The process of divorce involves many considerations and decisions that affect a family forever. At Frenkel Tobin, we come with extensive experience in helping numerous families navigate the divorce process.

❯ Can I still get a divorce if my child custody or support has not been settled?

One important consideration for the court before issuing divorce orders is making sure spouses come up with proper reasonable arrangements for the care of the children. This is why your divorce may not be granted before child custody and support matters are settled. We can help you come up with an agreement with your spouse to help speed up the divorce process. The proceedings will likely be adjourned, and the court will not settle the order unless and until reasonable arrangements on how to care for the children are made and the court is satisfied that they will be adhered to.

❯ How long does the divorce process take?

The time it takes to complete the divorce process will vary from couple to couple depending on their unique circumstances, but on average simple divorce will take from 4 to 6 months in Ontario not including custody, support or property division issues. For instance, if the divorce is on claims of adultery or physical abuse and there’s sufficient evidence to prove this, the divorce may be granted immediately. However, if there is a mandatory one-year separation before the divorce is granted, you’ll have to wait longer. Keep in mind that in the Divorce Act s.12(2) couples must wait another 31 days after the order has been made for divorce to take effect. However, there are special circumstances where this requirement may be waived.

❯ Do I have to have a lawyer to get a divorce?

Depending on how simple or complicated your case is it recommended to seek legal advice from a professional divorce lawyer. For simple divorce cases that don’t involve kids or joint property, you may not need a lawyer. However, if you have kids or joint property such as real estate, cars, or business that any of you would like to keep after the divorce, it’s strongly advisable that you hire an experienced divorce lawyer.

❯ I live in the same house as my spouse. Can I still be considered separated?

Separation agreements in Ontario allow divorcing couple to live in the same house and still be considered separated from his/her spouse if following conditions are met:

There must be physical separation
There must be withdrawal by one or both spouses from the matrimonial obligation
There must be absence of sexual relations

Other factors such as discussion of family problems, communication between the spouses, presence, or absence of the spouse in joint social activities and whether the spouse has filed income tax as ‘separated’ or ‘married’.

❯ How do I get a divorce in Ontario?

The steps leading to divorce vary depending on your situation. If your spouse is putting you through intense abuse (whether physical or emotional) that has made cohabitation intolerable, you may be able to obtain divorce instantly. Keep in mind that proving adultery, physical and emotional abuse, and the impact it has had on you can be difficult as you must provide convincing circumstantial evidence.

On the other hand, if you and your spouse wish to get a divorce due to other reasons such as because you don’t love each other or can’t get along then you have to undergo the mandatory one-year separation. This may not necessarily mean living in separate houses as clearly stipulated in the Divorce Act.