St. Thomas Divorce & Family Law Blog

Family Law Court Process: The Application If you start litigation in your family law matter, or if you are served with a court application or motion to change, there are several major steps along the road toward a judicial decision: Step 1: The Application Unless you have a court order or a signed contract, the way in which you would begin the court process is through an application. In discussion with your lawyer, you would decide what claim(s) to make and list the facts that you intend to rely on to support the claim(s).  If you are making claims that involve support or property, you will also have to prepare a financial statement that accompanies the application. Your lawyer will help you identify which type of financial statement and to gather the required supporting documents, which we generally call "disclosure." If your application includes a claim for decision making responsibility, you will also have to swear to a document called an affidavit for parenting matters, w...

Marriage Contracts These contracts are for those who are planning to get married (pre-) or are already married (post-nuptial). In Ontario law, we only have a 'marriage contract,' and this can be signed by a couple before or after their wedding.  Pre-nup. or Post-nup? From movies and television we often hear the term pre-nuptial agreement, so there is the mistaken belief out there that these types of protection contracts can only be signed before two people get married. In fact, you can also sign it after the wedding. This type of contract allows a couple to agree on property or support. They can agree on different terms than what the default law may require. For example, Ontario's Family Law Act has special rules for dividing what is called the "matrimonial home." Each spouse receives an equal share, regardless of who paid more of the expenses such as the down payment or mortgage loan.  But with a marriage contract, a couple can agree to a different division of t...