Family Law

In Canada, you can get a divorce based on one of three grounds: separation for at least one year, adultery, or cruelty.

In Canada, you generally need to be separated for at least one year before a court can grant a divorce based on marriage breakdown.

Yes, you can get divorced immediately in Canada if your spouse committed adultery — no one-year separation is required.

In Canada, debts incurred during marriage are generally divided equally between spouses on divorce, unless it would be clearly unfair — courts consider factors like when and why the debt was incurred and who benefited.

Yes, you can ask a court to modify your spousal support order if there has been a material change in circumstances affecting either party.

A separation agreement can limit your right to claim spousal support later, but courts may set it aside if it’s unfair or fails to reflect current circumstances.

Spousal support in Canada is not calculated by a fixed formula but determined case-by-case, based on the conditions, means, needs, and other circumstances of each spouse under the Divorce Act. Courts consider three main bases: compensatory, contractual, and non-compensatory (needs-based) support.

Yes, you may still be entitled to spousal support even after a short marriage and if you can work — courts consider need, means, and circumstances, not just length of marriage or employment status.

A 'material change in circumstances' is a significant, unforeseen, and ongoing change that would likely have resulted in a different support order had it existed at the time of the original decision.

Courts decide self-sufficiency in spousal support by assessing each spouse’s conditions, means, needs, and circumstances under section 15.2 of the Divorce Act — with no fixed timeline, and prioritizing fairness over rigid self-sufficiency deadlines.

Yes, child support amounts can differ from the Guidelines table for parents with income over $150,000 — courts have discretion to set appropriate amounts based on the child’s needs and the parents’ means.

Child support under the Federal Child Support Guidelines is calculated primarily based on the paying parent’s annual income and the number of children, using tables published in the Guidelines.

No, child support does not automatically end at age 18 in Canada — it continues if the child remains dependent, such as due to full-time studies, illness, or disability.

Yes, Canadian courts can order retroactive child support for past years, typically up to three years before the application was filed, depending on fairness and the payor’s conduct.

Yes, child support takes legal priority over spousal support in Canada under the Divorce Act.

Yes, you can move to another city with your child after separation, but you must give formal notice to the other parent and may need court approval if they object.

In Canada, 'best interests of the child' means the court must focus solely on what meets the child’s physical, emotional, and developmental needs — not the parents’ wishes — when making custody (parenting) decisions.

After divorce in Canada, decisions about a child’s education and healthcare are made by the parent(s) with decision-making responsibility, as determined by a court order or agreement under the Divorce Act.

No, a parent cannot unilaterally deny the other parent access to the children unless a court order permits it or there is an immediate risk to the child’s safety. Access rights are determined by what is in the child’s best interests under the Divorce Act.

Yes, a Canadian court can order supervised access or deny access entirely if it determines that unsupervised parenting time would not be in the child’s best interests.

A parent's religious practices alone cannot determine custody in Canada — courts must focus solely on the child's best interests, not parental beliefs.

Yes, a step-parent in Canada can be required to pay child support if they have stood in the place of a parent (in loco parentis) and the court finds it appropriate, even though the Divorce Act does not directly impose that duty.

No, common-law partners in Canada generally do not have the same automatic property rights as married couples — rights depend on provincial law, and most provinces exclude them from equal division of family property upon separation.

The standard of review for family court support orders in Canada is reasonableness, with a high degree of deference owed to the trial judge’s factual findings and exercise of discretion.

A parent must fully and honestly disclose their current and past income to determine and update child support amounts under the Federal Child Support Guidelines.