CP24: Navigating Divorce - Featuring Christopher Yu, Shulman & Partners

January is often referred to as “Divorce Month,” a period when separation and divorce inquiries tend to increase following the holidays. While divorce filings typically rise during this time, those figures only tell part of the story. In Ontario, the breakdown of common law relationships is not reflected in divorce statistics, even though these separations can raise the same complex legal and financial issues. Questions around child support, spousal support, parenting arrangements, and housing decisions often arise regardless of marital status. In an interview with CP24, Christopher Yu, Partner at Shulman & Partners LLP, provided practical insight into why January sees an uptick in separation-related concerns and what individuals should understand before taking next steps. The discussion focused on the legal distinctions between marriage and common law relationships and the importance of informed decision-making early in the process.

“When you're married, the legislation in Ontario gives you a specific right automatically to property division. You don't get that when you're common law. That's the biggest difference.”
— Christopher Yu, Partner at Shulman & Partners LLP

The interview explored why January has earned the label “Divorce Month” and what that trend reveals about how families approach separation. Christopher explained that many couples try to hold relationships together through the holidays, particularly for children or extended family. Once January arrives, emotional strain, financial stress, and the reality of unresolved issues often prompt people to seek legal advice.

A key focus of the discussion was the legal difference between married and common law relationships in Ontario. Married spouses have a statutory right to property division under the Family Law Act. Common law partners do not. While common law spouses may still have claims related to child support, spousal support, and parenting arrangements, the absence of automatic property division can come as a surprise, particularly when the family home is involved.

Housing decisions early in a separation were also highlighted as a critical issue. Whether one party should move out depends on several factors, including whether children are involved. In families with children, moving out of the home can affect parenting time and future arrangements. Christopher emphasized that these decisions are highly fact specific and should not be made without legal guidance.

The interview also addressed support obligations. Child support is generally more straightforward and is primarily determined by the payor’s income when children reside mainly with one parent. Spousal support, however, is more complex and depends on factors such as the length of the relationship, roles during the partnership, and income disparity.

Finally, the conversation touched on the risks of self-representation. Family law involves procedural rules and legal nuances that are difficult to navigate without experience. Individuals who attempt to represent themselves may unknowingly give up important rights or make decisions that are difficult to reverse later.

Overall, the discussion underscored the importance of early legal advice, particularly in January when many people begin contemplating separation. Understanding the legal framework before acting can help reduce long-term financial and emotional consequences.

Watch the full CP24 segment here.

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.