How long do we have to be separated before a divorce in Ontario?+
Divorce is federal law, so the rule is the same across Canada: the only ground is marriage breakdown, usually shown by living apart for one year or more. You or your spouse must have lived in Ontario for a full year before applying.
How is property divided when a marriage ends in Ontario?+
Married spouses share the value of what they built up during the marriage. Each spouse's 'net family property' is worked out, and the one with more pays the other half the difference — an equalization payment. The family home gets special treatment: its full value is shared even if one spouse owned it before the marriage. You must claim within six years of separating or two years of the divorce, whichever comes first.
Do common-law partners have the same rights in Ontario?+
Not for property. Common-law couples in Ontario are not legally required to split property acquired while they lived together — it generally stays with whoever bought it — unless they have a cohabitation agreement. Common-law partners may still be able to claim support, and both parents owe child support whatever their relationship was.
Which court deals with family cases in Ontario?+
It depends where you live. In the 25 locations with a Family Court branch of the Superior Court of Justice (including Ottawa, Hamilton, London and Kitchener), that one court hears every family matter. Elsewhere (including Toronto and Brampton), divorce and property division go to the Superior Court of Justice, and the Ontario Court of Justice hears other matters such as parenting and support.
Are the family lawyers listed for Ontario licensed?+
To practise law in Ontario a lawyer must be licensed by the Law Society of Ontario, which also licenses paralegals. You can look up anyone in the Law Society's public Lawyer and Paralegal Directory, which shows their status and any discipline history. Each lawyer on these pages was checked in that directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.
How long do we have to be separated before a divorce in British Columbia?+
Divorce is federal law, so the rule is the same across Canada: the only ground is marriage breakdown, usually shown by living apart for one year or more. You or your spouse must have lived in British Columbia for a full year before applying.
How is property divided when a relationship ends in British Columbia?+
Under BC's Family Law Act, couples generally share equally any property acquired during their relationship. Property each person brought into the relationship is kept, but its increase in value can be divided. The time limit to ask a court for an order is two years after a divorce order for married couples, or two years from the date of separation for unmarried couples.
Do common-law partners have the same property rights in British Columbia?+
Yes, if they lived together in a marriage-like relationship for at least two years. BC's property division rules apply to them in the same way as to married couples. This is different from some other provinces, such as Ontario.
Which court deals with family cases in British Columbia?+
Only the Supreme Court can deal with divorce and property division. The Provincial Court can deal with parenting arrangements, child support, spousal support and protection orders, and the Supreme Court can deal with those too.
Are the family lawyers listed for British Columbia licensed?+
To practise law in British Columbia a lawyer must be a member of the Law Society of British Columbia. You can look up any lawyer in the Law Society's public Lawyer Directory, which shows their practising status and any discipline history. Each lawyer on these pages was checked in that directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.
How long do we have to be separated before a divorce in Alberta?+
Divorce is federal law, so the rule is the same across Canada: the only ground is marriage breakdown, usually shown by living apart for one year or more. You or your spouse must have lived in Alberta for a full year before applying.
Do common-law partners have property rights in Alberta?+
Yes, if they are 'adult interdependent partners'. Since 1 January 2020 Alberta's Family Property Act applies to adult interdependent partners as well as married spouses. That means two people who have lived together in a relationship of interdependence for at least three years, or for less time if they have a child together, or who have signed an adult interdependent partner agreement.
Is there a time limit to divide property in Alberta?+
Yes. An adult interdependent partner must make a claim within two years of when they knew, or should have known, that the relationship had ended. Time limits also apply to married spouses under the Family Property Act — a lawyer can confirm the date that applies to you.
Which court deals with family cases in Alberta?+
Only the Court of King's Bench can grant a divorce and divide property. The Alberta Court of Justice can deal with child and spousal support, parenting and guardianship, and the Court of King's Bench can deal with those too.
Are the family lawyers listed for Alberta licensed?+
To practise law in Alberta a lawyer must be a member of the Law Society of Alberta. You can look up any lawyer in the Law Society's public Lawyer Directory, which shows whether they are currently practising and any discipline history back to 1 January 2015. Each lawyer on these pages was checked in that directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.
How long do we have to be separated before a divorce in Saskatchewan?+
Divorce is federal law, so the rule is the same across Canada: the only ground is marriage breakdown, usually shown by living apart for one year or more. You or your spouse must have lived in Saskatchewan for a full year before applying.
How is property divided when a relationship ends in Saskatchewan?+
Under The Family Property Act the general rule is that family property, including the family home, is divided equally between the spouses. A court can order a different split where an equal one would be unfair.
Do common-law partners have the same property rights in Saskatchewan?+
Yes, if they lived together as spouses continuously for at least two years. The Family Property Act then applies to them as it does to married couples — but they must apply within 24 months after they stop living together.
Which court deals with family cases in Saskatchewan?+
The Family Law Division of the Court of King's Bench handles all family law matters, including divorce and the division of family property. Its judges sit in Regina, Saskatoon and Prince Albert.
Are the family lawyers listed for Saskatchewan licensed?+
To practise law in Saskatchewan a lawyer must be a member of the Law Society of Saskatchewan. You can look up any lawyer in the Law Society's public directory, which shows where they practise and has a discipline column; the Law Society also publishes its discipline decisions. Each lawyer on these pages was checked in that directory before being listed, but people move firms, so check again before you hire. Concerns about a lawyer go to the Law Society.
How long do we have to be separated before a divorce in Manitoba?+
Divorce is federal law, so the rule is the same across Canada: the only ground is marriage breakdown, usually shown by living apart for one year or more. You or your spouse must have lived in Manitoba for a full year before applying.
Do common-law partners have the same property rights in Manitoba?+
Yes, if they registered their common-law relationship or lived together for at least three years. The Family Property Act then gives each partner a right to an equal share in the value of family property when they separate, as it does for married spouses.
Is there a time limit to divide family property in Manitoba?+
Yes, and it can be very short. An application must be made within 60 days after a divorce takes effect, or within 60 days after registering the end of a registered common-law relationship. Common-law partners who did not register have three years from the date they separated. Speak to a lawyer before your divorce is granted.
Which court deals with family cases in Manitoba?+
The Court of King's Bench (Family Division) is a unified family court that hears all family matters throughout Manitoba. The Provincial Court cannot deal with divorce, division of family property or adoption.
Are the family lawyers listed for Manitoba licensed?+
To practise law in Manitoba a lawyer must be a member of the Law Society of Manitoba. You can look up any lawyer in the Law Society's public Lawyer Lookup, which shows their practising status and, under their practice history, any discipline history or restriction. Each lawyer on these pages was checked there before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.
How long do we have to be separated before a divorce in Nova Scotia?+
Divorce is federal law, so the rule is the same across Canada: the only ground is marriage breakdown, usually shown by living apart for one year or more. You or your spouse must have lived in Nova Scotia for a full year before applying.
How is property divided when a marriage ends in Nova Scotia?+
Under the Matrimonial Property Act, the basic rule is that spouses are entitled to an equal division of matrimonial assets when they separate or divorce. Time limits may apply, so get advice early.
Do common-law partners have the same property rights in Nova Scotia?+
No. The Matrimonial Property Act only applies to married couples and couples who have registered a domestic partnership with the government. It does not apply to other common-law couples, who have to rely on other legal claims to share property.
Which court deals with family cases in Nova Scotia?+
The Supreme Court (Family Division) deals with family law matters, including divorce and property division, in every part of the province.
Are the family lawyers listed for Nova Scotia licensed?+
To practise law in Nova Scotia a lawyer must be a member of the Nova Scotia Barristers' Society. You can look up any lawyer in the Society's public lawyer search to check their status and to see whether they have been formally disciplined. Each lawyer on these pages was checked there before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Society.
How long do we have to be separated before a divorce in New Brunswick?+
Divorce is federal law, so the rule is the same across Canada: the only ground is marriage breakdown, usually shown by living apart for one year or more. You or your spouse must have lived in New Brunswick for a full year before applying.
How is property divided when a marriage ends in New Brunswick?+
Under the Marital Property Act each spouse is entitled to have the marital property divided in equal shares. An application must be made no later than 60 days after a divorce, so raise property before the divorce is granted.
Do common-law partners have the same property rights in New Brunswick?+
No. The Marital Property Act defines a spouse as a married person, so its equal-division rule does not cover unmarried couples. They have to rely on other legal claims to share property.
Which court deals with family cases in New Brunswick?+
The Family Division of the Court of King's Bench deals with all family matters, including divorce, the division of marital property, support and parenting orders.
Are the family lawyers listed for New Brunswick licensed?+
To practise law in New Brunswick a lawyer must be a member of the Law Society of New Brunswick. You can look up any practising lawyer in the Law Society's public Lawyer Search, and it publishes a list of complaints referred to its Discipline Committee. Each lawyer on these pages was checked in the Lawyer Search before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.
How long do we have to be separated before a divorce in Newfoundland and Labrador?+
Divorce is federal law, so the rule is the same across Canada: the only ground is marriage breakdown, usually shown by living apart for one year or more. You or your spouse must have lived in Newfoundland and Labrador for a full year before applying.
How is property divided when a marriage ends in Newfoundland and Labrador?+
Under the Family Law Act each spouse has a one-half interest in the matrimonial home, and either spouse can apply to have the matrimonial assets divided in equal shares. The application must be made by the earliest of two years after a divorce, six years after separation, or one year after the first spouse's death.
Do common-law partners have the same property rights in Newfoundland and Labrador?+
Not automatically. The Family Law Act's property rules apply to married spouses. Two people who live together without marrying can sign a cohabitation agreement, and if that agreement adopts the Act, the Act applies to them.
Which court deals with family cases in Newfoundland and Labrador?+
In its judicial areas, including the St. John's area, the Family Division of the Supreme Court has exclusive jurisdiction over family law matters. Elsewhere the General Division may hear divorce and property matters, and the Provincial Court can deal with parenting and support — but it can never grant a divorce or divide matrimonial assets.
Are the family lawyers listed for Newfoundland and Labrador licensed?+
To practise law in Newfoundland and Labrador a lawyer must be a member of the Law Society of Newfoundland and Labrador. Its online Lawyer Directory lists the lawyers practising in the province with their contact details, and the Law Society publishes its disciplinary decisions. Each lawyer on these pages was checked in the directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society, in writing.
How long do we have to be separated before a divorce in Prince Edward Island?+
Divorce is federal law, so the rule is the same across Canada: the only ground is marriage breakdown, usually shown by living apart for one year or more. You or your spouse must have lived in Prince Edward Island for a full year before applying.
How is property divided when a marriage ends in Prince Edward Island?+
Under the Family Law Act each spouse's 'net family property' is worked out, and the spouse with the smaller amount is entitled to half the difference. The application must be made by the earlier of two years after a divorce, or six years after the spouses begin to live separate and apart.
Do common-law partners have the same property rights in Prince Edward Island?+
No. For property division the Family Law Act defines a spouse as a married person, so the equalisation rule does not cover unmarried couples. The Act's support rules are wider and can cover unmarried partners.
Which court deals with family cases in Prince Edward Island?+
The Family Section of the Supreme Court of Prince Edward Island deals with divorce and matrimonial property.
Are the family lawyers listed for Prince Edward Island licensed?+
To practise law in Prince Edward Island a lawyer must be a member of the Law Society of Prince Edward Island. You can look up practising lawyers in the Law Society's online lawyer directory to verify their status, and it publishes discipline case summaries. Each lawyer on these pages was checked in the directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society, in writing.