08 - Content - Split image

Questions And Answers

16 - FAQs - Accordion

What is a simple divorce?

What is a nesting order?

Can I visit Shulman & Partners LLP offices now?

My partner wants to separate, and wants me to pay spousal support. We live together and aren't separated yet. Is this legal?

What is the difference between a separation and a divorce?

What is the difference between property division for married vs. common-law couples?

Can I bring someone with me to my meetings with my lawyer?

How long does it take to file a divorce?

Do I need a co-hab agreement if me and my partner are just renting?

Can I move with my child if I’m receiving child support?

Will I have to go to court if I get a divorce?

What happens if my spouse starts a court proceeding immediately after we separate without negotiating the matter? Did I lose my chance of negotiating the matter?

Are same-sex partners classed as common-law if living together?

How do I become common law?

I live with my common law partner but I’m not on the lease…if something happens to him do I have to move out?

Does it make a difference who files for divorce first?

How will the courts decide parenting time?

Alternative Dispute Resolution

When should mediation not be used?

Is mediation free in Ontario?

Is mediation legally binding?

Child Custody

Is it my daughter’s right to have proof of address/hotel of where her Ex is taking their 3-year-old son every other weekend before pick up?

Child Support

What if an agreement was made to stop child support after 18?

Do I have to pay my ex for special or extraordinary expenses?

Can child support be more than half my income?

Do I pay child support with joint custody?

Is FRO imposed automatically, even if both partners agree to forgo it?

Shares were transferred while planning a divorce, is this fraud?

After years of no contact, do I still have to pay child support after a child turned 18?

Can your ex make you buy clothing for children of top of child support?

When calculating child support, do you include taxable benefits?

I have been separated for 18 years. The amount owing in arrears is over $28000. Are there steps to take to ensure I get that? Am I eligible to receive it?

Can I get child support if I make more money?

Will FRO stop automatically when my son is 18 or does my Ex have to request payments to stop?

What are my financial responsibilities before a baby is born?

What does child support cover in Ontario?

Is my adult child eligible for support?

Child Support: When is a child considered an adult?

Is it legal to have to pay child support for children after age 18 who are not seen or visited?

How would a pension get divided, or the decision made?

How is child support calculated in Ontario?

In Ontario, if an 18 year old moves away from home to go to college, is the child support paid directly to the child or still to the ex spouse?

Can I get child support if the payor parent is unemployed?

Common Law

Are We Common-Law If We Have A Baby Together?

Does my parent’s new partner have any rights to their assets if they pass?

Can an ex get support if she was never common-law?

What is the difference between common law and marriage?

Does my common-law ex have the right to take back something that they bought for me?

Do common law couples have the same rights if their partner dies?

Is my common-law partner entitled to my defined contribution pension?

What is common law marriage?

Custody and Access

Can I withhold visitation if my ex doesn’t pay child support?

When my child is in his weekend visitation do I have the right to know where he is staying?

If I believe my Ex is not complying with COVID-19 physical distancing protocols, or is unvaccinated, can I decide to keep them from seeing the child we have together?

Can an order for supervised access be made if the child is 16 years old?

Who gets custody when parents divorce?

If I file for a contempt order, how do I relate to the judges what I need to protect my son’s and my right to a parenting order?

When can a child make a decision to live with a parent?

Can a parent limit access to a baby?

Can I move with my child after divorce?

Is child custody handled differently for a child with autism?

Can my ex take my child?

What is a parenting plan?

Does child support continue after 18, if the child is taking university credits in high school?

Dealing With Lawyers

The father of my child blocked me and is not around. What does this mean when I take him to court?

I’m wondering how to prove my husband has another bank account. Also wondering if lawyers would recommend him to tell or would they give advice to keep quiet?

How do I find a good divorce lawyer?

Is it illegal to record others in their vehicles? My husband has been having an affair and she recorded us, would the both get subpoenaed to prove this?

Why do I need a lawyer for divorce?

Can I make my ex pay for my lawyer?

How much does a divorce lawyer cost in Ontario?

Can we use the same divorce lawyer?

Should I send a financial disclosure to my wife's lawyer? If I fill it out wrong, will I get the chance to correct it before trial?

Legal Process

I need a court order right away. What should I do?

How are extraordinary expenses usually divided?

Are there any disadvantages to a party being self-represented?

By law do you have to divide CPP and private pension plan (RRSP) in a divorce. Can you agree out side of court or does it have to be divide in court?

Are the courts closed due to the Coronavirus (COVID-19)?

Should a contempt order be used?

How long does it take to get a divorce in Ontario?

Can I file for divorce online?

Odds and Ends

Can my ex stop me from moving?

Can someone record videos of me and my boyfriend without our permission?

Can my marriage be annulled?

Was with partner for 3 years separated two days he owns the flat asked me to leave have nowhere to go; do I have any rights?

Should I wait until after the holidays to break up?

Can I undo my divorce?

Hello, is it illegal in Ontario if your spouse records your conversation with another party without your consent?

Parenting Advice

Is a co-parent allowed to know my personal business?

My ex and I both want to spend the winter holidays with our child. What can I do?

Prenuptial Agreements

What happens if I don’t have a prenup?

If I marry, will that affect my CPP and OAS benefits?

What will happen to my Will, if I enter a marriage agreement or co-hab agreement after making it?

What is the difference between a pre-nup and a post-nup?

Cohabitation or Domestic Agreement: Do they need to be prepared by Lawyer? If the parties agree would they be able to draw up agreement?

Is a marriage contract legal?

How long before a wedding can I get a pre-nup?

Should I sign a prenup?

Property Division

What assets are divided in divorce?

Can I turn over the tempo order to pay a loan?

Can my name be taken off my joint account for the mortgage without my permission as well as off the mortgage?

Can I force my ex to sell the house?

How do you divide assets when you’ve been separated for many years?

What happens to inheritance money in a divorce?

How do I protect assets before divorce?

What can I legally do if I am on the lease but my boyfriend is fighting me for the place?

Can I claim money after divorce?

Can I cancel a designation of matrimonial home that was registered by my ex wife?

Does a family trust protect assets in a divorce?

What are you entitled to after a divorce, if the mortgage and title are in both names?

Some of my property is at the house and I want it back. What can I do, since I was served divorce papers?

What happens to debts in divorce when they are tied to 1 spouse?

What are my rights regarding property and materials as common law partners?

Can I get my deposit back which I paid for on our common law home purchased now that we are separating?

Separation Agreements

Can I still file for divorce without my marriage agreement and/or without an original copy of my marriage agreement?

Is my wife entitled to my inheritance, or can I give the money back to my mom or family member?

Do I need a separation agreement to get a divorce?

Do separation agreements need to be notarized?

How do I write a separation agreement?

Do separation agreements have to be filed?

How do you prove you were under duress when signing your separation agreement?

Is it mandatory to apply for income splitting even if a couple don’t claim for it? Any disadvantages and advantages for both?

Can we change an agreement once it's made? I.e. changing the value of assets

How do I negotiate a separation agreement?

Spousal Support

When does spousal support end?

I have been with my spouse for 21 years but only married for 6 months before separation and have two children am I entitled to his pension or RRSP. I am from Ontario.

Why is spousal support a thing?

My ex was ordered to pay spousal support in another country. Can I still get support in Ontario?

What is the difference between alimony and spousal support?

Spousal support after age 65. How does it work?

Steps to Divorce

Can adultery speed up divorce?

Can I get a divorce in Canada without my spouse?

How do I go about filing for a divorce as a permanent resident of the United States, living in Ontario?

Can you apply for a divorce online?

What is the best way to get divorced?

Can I get a divorce if I don’t know where my spouse is?

How can I speed up getting a divorce in these tough economic times?

My ex and I are thinking about getting a divorce, where do we begin?

What is the difference between family law and divorce law?

I can’t afford a divorce. What do I do?

How does family court work?

Can I get a divorce right away?