Frequently Asked Questions

You’re not legally required to have a lawyer, but having one can make the process much clearer and less stressful. A family lawyer helps you understand your rights, avoid costly mistakes, and ensures your voice is heard — whether you’re negotiating an agreement or going to court.

You may need a family lawyer if you’re dealing with issues related to separation, divorce, parenting arrangements, support, or property division. A lawyer can help you understand your rights and guide you through the legal process to reach a fair outcome.

You should consider speaking with a family law professional if you are:

• Separating or ending a relationship
• In conflict about parenting time, decision-making responsibility, or child support
• Unsure about spousal support or dividing property and assets
• Preparing a cohabitation, marriage, or separation agreement
• Served with court documents or need to respond to a legal claim

A family lawyer can explain your options, help negotiate agreements, and represent you in court or mediation when needed. Even a short consultation can clarify your situation and help you take the right next steps.

Preparing for your first family law consultation helps you make the most of your time and get clear legal advice. Before your meeting, gather any documents that explain your situation and think about your main questions or goals.

• You should think generally about your financial circumstances and think about and know estimated values related to any property you own or any debts you may have. 
• If you’ve been served with any court documents, or have any previous agreements, (e.g., separation agreement, parenting plan, support order), you should have access to those during your consultation. 
• You should be able to speak about a timeline or summary of important events in your relationship or separation. 
• Notes about your main concerns or priorities, such as parenting time, support, or property division

It also helps to write down your questions in advance so you don’t forget anything during your consultation. The family lawyer conducting your consultation will review your information during your consult, explain your legal options, and help you understand the best next steps for your specific circumstances.

Under Ontario’s Children’s Law Reform Act and the Divorce Act (Canada), the term parental decision-making responsibility has replaced “custody”. It refers to who has the legal authority to make key decisions about a child’s health, education, religion, and overall well-being.

Decision-making can be sole (one parent makes major decisions), joint (both parents share this responsibility), or divided (parents handle different areas). Courts determine decision-making responsibility based on the best interests of the child, focusing on each parent’s ability to communicate, cooperate, and support the child’s stability.

If you are going through a separation or divorce and need advice about decision-making responsibility or custody in Ontario, the child custody lawyers at Separy Law P.C. can help you understand your rights and create a parenting framework that prioritizes your child’s best interests.

A parenting plan is a written document that outlines how separated or divorced parents will share time and responsibilities for their children. It typically includes details about parenting time schedules, holidays, school breaks, decision-making, travel, communication, and dispute resolution.

In Ontario, courts encourage parents to create parenting plans that are child-focused and practical, as they help prevent conflict and provide clear expectations for both parents. When properly drafted, a parenting plan can be filed with the court and made enforceable under the Family Law Act or Divorce Act.

At Separy Law P.C., our Ontario parenting lawyers assist parents in negotiating and drafting comprehensive parenting plans that protect parental rights and ensure the child’s long-term stability and well-being.

When determining parenting time (formerly “access”) and decision-making responsibility (formerly “custody”), Ontario courts focus entirely on the best interests of the child. The court considers factors such as:

• The child’s emotional, physical, and psychological needs
• Each parent’s ability to provide care, stability, and support
• The child’s relationship with each parent
• Any history of family conflict or safety concerns
• Each parent’s willingness to foster a positive relationship with the other parent

The goal is to create an arrangement that promotes meaningful relationships with both parents, when safe and appropriate.

If you are negotiating or disputing parenting time or decision-making responsibility in Ontario, contact Separy Law P.C. Our Ontario parenting lawyers will help you navigate the legal process and secure a parenting arrangement that supports your child’s best interests.

In Ontario, child support is calculated using the Federal Child Support Guidelines, which set out payment amounts based on the paying parent’s gross annual income and the number of children. The goal is to ensure that children continue to benefit from both parents’ financial resources after separation or divorce.

In addition to the base amount (called the table amount), parents may also share special or extraordinary expenses—such as childcare, extracurricular activities, or medical costs—based on their respective incomes.

To ensure accurate and fair calculations, it’s essential to have full financial disclosure. The Ontario child support lawyers at Separy Law P.C. can help you determine the correct amount under the Guidelines and ensure your child’s financial needs are properly met.

Basic child support payments cover everyday living expenses such as food, clothing, and shelter. However, the law also recognizes Section 7 special or extraordinary expenses, which go beyond basic needs. These may include:

• Childcare costs related to work or education
• Medical, dental, or therapy expenses not covered by insurance
• Post-secondary education costs
• Extracurricular or enrichment activities (if reasonable)

Parents are expected to share these additional expenses proportionally to their incomes. Agreements about Section 7 costs should be clearly outlined in a Separation Agreement or court order.

If you’re unsure which expenses qualify or how to divide them, contact Separy Law P.C. Our Ontario child support lawyers can help you negotiate fair, enforceable arrangements for your family’s needs.

In Ontario, child support usually continues while a child is a minor (under 18) and still dependent on their parents. Support may continue beyond age 18 if the child is attending full-time school, has a disability, or is otherwise unable to support themselves.

The end date for support can depend on the child’s circumstances and what is outlined in a court order or agreement. Parents must also keep the other party informed of changes in income or dependency that could affect support.

If you have questions about when child support should end, be reviewed, or adjusted, our child support lawyers at Separy Law P.C. can help you assess your situation and ensure compliance with Ontario’s Family Law Act and Divorce Act (Canada).

A cohabitation agreement is a legally binding contract between two unmarried partners who live together or plan to live together. It sets out each partner’s rights and responsibilities during the relationship and in the event of separation or death.

These agreements can cover property ownership, division of assets, spousal support, debts, and inheritance rights. Unlike married spouses, common-law partners in Ontario do not automatically share property rights, so a cohabitation agreement offers critical legal protection and clarity.

If you’re entering or already in a common-law relationship, our Ontario cohabitation agreement lawyers at Separy Law P.C. can draft a customized cohabitation agreement that safeguards your assets and ensures fairness for both partners.

A cohabitation agreement provides financial certainty, legal protection, and peace of mind for common-law partners. Without one, Ontario’s Family Law Act does not guarantee equal property division if the relationship ends—meaning one partner could lose significant assets or financial security.

With a properly drafted agreement, couples can:

• Protect pre-owned property, real estate, or businesses
• Clarify spousal support expectations
• Define how joint assets and expenses will be managed
• Avoid future legal disputes and uncertainty

At Separy Law P.C., our cohabitation agreement lawyers work with clients across Ontario to prepare clear, comprehensive agreements that protect both partners and reduce the risk of future conflict.

Yes. A cohabitation agreement is legally enforceable in Ontario under the Family Law Act if it is properly executed. It must be in writing, signed by both partners, and witnessed, and both parties should receive independent legal advice before signing.

Courts will generally uphold a cohabitation agreement unless there is evidence of duress, lack of financial disclosure, or unfairness when it was made. Having your agreement professionally prepared ensures that it meets all legal requirements and reflects your true intentions.

The family-law team at Separy Law P.C. ensures every cohabitation agreement is thorough, enforceable, and designed to protect your rights and assets under Ontario law.

A marriage agreement—often called a prenuptial agreement or “prenup”—is a legally binding contract between two people who are married or planning to marry. It sets out how financial matters will be handled during the marriage and in the event of separation, divorce, or death.

Under Ontario’s Family Law Act, a marriage contract can address issues such as property ownership, division of assets, spousal support, and inheritance rights, but it cannot determine parenting arrangements or child support.

Our Ontario marriage agreement lawyers at Separy Law P.C. prepare and review marriage agreements that protect your assets and clarify financial expectations—so you can enter marriage with confidence and peace of mind.

A marriage or prenuptial agreement provides financial clarity and legal protection for both spouses. Without one, Ontario’s Family Law Act governs how property is divided upon separation—which may not reflect your personal wishes or contributions.

These agreements are especially useful when one or both partners:

• Own property, a business, or significant savings before marriage
• Expect to receive an inheritance or family gift
• Have children from a prior relationship
• Want to define spousal support obligations or waivers

At Separy Law P.C., our Ontario prenuptial agreement lawyers draft customized marriage agreements that minimize financial uncertainty and help prevent disputes in the future.

Yes. In Ontario, a marriage contract or prenuptial agreement is legally enforceable if it meets the requirements under the Family Law Act. It must be in writing, signed by both parties, and witnessed.

For the agreement to hold up in court, both parties should provide full financial disclosure and obtain independent legal advice before signing. Courts may set aside an agreement if there was pressure, misrepresentation, or lack of fairness when it was signed.

Our experienced marriage agreement lawyers at Separy Law P.C. ensure that your prenuptial or marriage agreement is clear, comprehensive, and legally sound—protecting your assets and financial interests under Ontario law.

A child protection case in Ontario occurs when a Children’s Aid Society (CAS) believes a child may be at risk of harm, neglect, or abuse, and becomes involved to assess the child’s safety. CAS may offer voluntary services, create a supervision plan, or, in serious situations, start a court application to protect the child.

Child protection cases are governed by Ontario’s Child, Youth and Family Services Act (CYFSA) and are heard in Family Court. These cases can affect a parent’s rights, access, and custody.

If CAS has contacted you or removed your child from your care, it’s crucial to speak with an experienced child protection lawyer immediately. Our Ontario child protection lawyers at Separy Law P.C. can represent you in CAS matters, protect your parental rights, and work toward reuniting your family.

If the Children’s Aid Society (CAS) removes a child, the law requires that the agency bring the matter before a Family Court judge within five days. At this first hearing, the court will decide whether the child should remain in CAS care temporarily or be returned home under certain conditions.

Parents have the right to be heard, present evidence, and be represented by a lawyer at every stage. The process may include case conferences, settlement discussions, and hearings to determine a long-term plan for the child’s care.

Our child protection lawyers at Separy Law P.C. can attend court on short notice, help you understand your rights, and advocate for your child’s safe return under a fair and reasonable plan of care.

A family lawyer experienced in child protection plays a vital role in defending parents’ rights and ensuring the Children’s Aid Society follows proper legal procedures. Your lawyer can:

• Explain your rights and responsibilities during CAS investigations
• Represent you in Family Court hearings and case conferences
• Negotiate supervision orders or voluntary care agreements
• Help you comply with court or CAS requirements to reunite with your child

Having legal representation early can make a significant difference in the outcome of your case. Our Ontario child protection lawyers at Separy Law P.C. provide compassionate, experienced advocacy to help parents navigate CAS involvement and work toward family reunification.

Legal Aid Ontario (LAO) is a government-funded agency that helps people with limited financial means access legal services in areas such as family law, domestic violence, and child protection.

To qualify, individuals must meet financial eligibility criteria set by Legal Aid Ontario. Once approved, LAO issues a Legal Aid certificate that allows you to choose and work with a private family lawyer who accepts Legal Aid clients.

If you already have an active Legal Aid certificate for a family law matter, our Ontario legal aid lawyers at Separy Law P.C. can provide representation under that certificate for eligible cases. We do however, only represent parties in Toronto, or the Greater Toronto Area.

Legal Aid Ontario provides coverage for legal fees in many family-law matters, including:

• Child parenting disputes 
• Child support and spousal support
• Domestic violence and restraining orders
• Child protection cases (CAS involvement)
• Separation and divorce matters involving children or support

Depending on your situation, LAO may provide full representation through a certificate or limited-scope services, such as legal advice, document preparation, or duty counsel assistance at court.

At Separy Law P.C., once you are approved for legal aid, our Ontario legal aid lawyers can provide you with a free 30-minute consultation to discuss your matter and assess whether we can assist you on a legal aid certificate. Remember that you must be approved for a legal aid certificate before calling our office to schedule your appointment. 

To work with Separy Law P.C. on a Legal Aid Ontario certificate, you must first be approved by Legal Aid Ontario and have a valid client number (starts with CLT) certificate number (starts with CE). Once approved, you can contact our office to arrange a consultation, and our team will confirm that your matter is covered by your certificate before proceeding.

We accept Legal Aid certificates for many family-law and child protection cases, including parenting disputes, support matters, and CAS proceedings.

If you have already received your certificate and are looking for an experienced Toronto family lawyer who accepts Legal Aid, contact Separy Law P.C. to schedule a consultation and discuss your next steps.

After a separation or divorce, your old Will may no longer reflect your wishes. In Ontario, separation does not automatically remove your former spouse from your Will. That means your ex-partner could still inherit your assets, act as your executor, or receive benefits you no longer intend for them.

Preparing a new, simple Will after separation ensures:
• your children or chosen beneficiaries are properly protected
• your former spouse is removed from your estate plans (if that’s your intention)
• your property and assets are divided according to your current wishes
• a new, trusted executor is appointed

At Separy Law P.C., we help separated and divorced individuals in Toronto create clear, easy-to-read Wills that reflect their new life circumstances and prevent future conflict among family members.

Yes. A Will ensures your assets are divided exactly the way you want. Without a Will, Ontario’s default rules apply, and your estate may not go to the people you intended. At Separy Law P.C., we prepare simple, easy-to-read Wills that clearly set out who receives what, without unnecessary legal complexity.

A simple Will is a straightforward document that outlines:
• who inherits your assets
• who will act as your executor
• any basic gifts or wishes

Most people with uncomplicated assets, a home, savings, or personal belongings benefit from a simple Will. Our Toronto Will lawyers focus on creating clear, concise Wills that avoid confusion and make things easy for your loved ones.

You should review your Will every few years or when life changes — such as marriage, separation, buying property, or having children. Even a simple Will should stay current to reflect your wishes. We help clients in Toronto quickly update or revise their Wills so they remain accurate and legally valid.

While you can write your own Will, templates often leave out important Ontario requirements or use confusing language. Small mistakes can make the Will invalid or create disagreements among beneficiaries. We prepare clean, simple Wills written in plain English — no legal jargon — so your intentions are easy for your family to understand.

Your Will only takes effect after death. A Power of Attorney (POA) covers decisions while you’re alive if you can’t act for yourself. Most clients preparing a Will also choose to create POAs for Property and Personal Care at the same time so everything is organized and consistent. We offer optional simple POA documents that match the same straightforward, easy-to-understand style as our Wills.