Divorce in Ontario
A divorce in Ontario ends the marriage and nothing else. It does not divide property, it does not settle support, and it will not be granted at all until the court is satisfied about the arrangements for any children.
About this work
What does a divorce actually do?
It ends the marriage. That is the whole of it. A divorce in Ontario does not divide property, does not decide support, and does not settle parenting, and a great many people are surprised to learn that the order they have been waiting for resolves none of the things they were arguing about.
Those questions are dealt with either by agreement or by separate claims. In most files the sensible order is to settle property, support and parenting in a separation agreement, and then apply for the divorce as a short uncontested step once the year of separation has run.
There is one exception worth knowing, and it is a deadline. Under section 7(3) of the Family Law Act an equalization claim cannot be brought after the earliest of two years from the divorce, six years from separation, or six months after a spouse's death. Getting divorced starts a two year clock on a property claim that may otherwise have had longer to run.
So a divorce obtained quickly, with property left unresolved, can quietly shorten the time available to deal with the property. That is a reason to think about the order of events rather than to rush the divorce because it feels like the main thing.
The clock
Which periods actually matter?
1 year separated, 31 days to take effect
The one year is the ground for the divorce. The thirty one days are the reason you are not free to remarry on the day the judge signs.
The one year and the ninety days are sections 8(2)(a) and 8(3)(b)(ii) of the Divorce Act. The thirty one days is section 12(1), and a court can shorten it under section 12(2) only on special circumstances and where both spouses undertake not to appeal. The property limitation is section 7(3) of the Ontario Family Law Act, which runs to the earliest of two years after the divorce, six years after separation, or six months after a spouse's death.
The route
How does the process run?
5 stages, each with its own clock
The grounds and timing below are set by the federal Divorce Act, which applies across Canada. Property and most support questions are Ontario law and are dealt with separately.
There is one ground, and three ways to establish it
Divorce Act s. 8(1), 8(2)A court may grant a divorce on the ground that there has been a breakdown of the marriage. Breakdown is established only by one year of living separate and apart, or by adultery, or by physical or mental cruelty of such a kind as to render continued cohabitation intolerable.
Separation can begin under the same roof
s. 8(3)(a)Spouses are deemed to have lived separate and apart for any period during which they lived apart and either of them had the intention to live separate and apart. Whether that is made out while both are still in the house is a question of evidence about how the household actually ran.
Trying again does not restart the clock, up to ninety days
s. 8(3)(b)(ii)The separation is not treated as interrupted by resumed cohabitation for a period, or periods totalling, not more than ninety days where reconciliation was the primary purpose. Beyond ninety days in total, the year starts again.
The children are a bar on the divorce itself
s. 11(1)(b)The court has a duty to satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable guidelines, and to stay the granting of the divorce until such arrangements are made. This is what holds up more Ontario divorces than any other single thing.
And it takes effect on the thirty-first day
s. 12(1), 12(2)A divorce takes effect on the thirty first day after the day the judgment is rendered. A court may order an earlier date only where special circumstances exist and both spouses agree and undertake that no appeal will be taken.
Before the meeting
What to bring to the first meeting
6 things to bring
Bring what you have and say what is missing. A meeting with the papers in front of it settles in one sitting what two telephone calls will not.
- ✓Your marriage certificate, and a translation if it is not in English or French
- ✓The date you separated, and what happened around it
- ✓Whether you have lived together since, and for how long
- ✓The names and dates of birth of any children of the marriage
- ✓Income for both of you: pay slips, notices of assessment, business accounts
- ✓Any separation agreement or court order already in place
Our approach
A clear path forward
The same four steps on every matter, whether it is a refusal at the Federal Court or a ticket at the Provincial Offences court.
Book a consultationUnderstand
We take the full history and read the documents before offering an opinion. Most bad advice comes from acting on half the facts.
Assess
You get a candid read on strength, timeline and cost, including when the honest answer is that you do not need to hire anyone.
Act
We prepare the application, the defence or the appeal properly the first time, because fixing a weak record later is harder and dearer.
Report
You hear from us at each stage, and you hear what a wait actually means rather than a date chosen to sound better.
Reported decisions
What has this work produced?
7 allowed of 22 reported since 2023
Public judgments of the Federal Court with Kapil Rathod as counsel of record, each checkable by citation on the court's own site. The rest were dismissed and are listed with these ones.
Super visa, parents and grandparents
Sharifi v Canada (Citizenship and Immigration)
2026 FC 99Docket IMM-23381-24
Application allowedWork permit, Temporary Foreign Worker Program
Sing v Canada (Citizenship and Immigration)
2026 FC 105Docket IMM-18690-24
Application allowedTemporary resident visa
Rehman v Canada (Citizenship and Immigration)
2026 FC 805Docket IMM-20802-24
Application allowedPermanent residence, Express Entry
Goel v Canada (Citizenship and Immigration)
2025 FC 275Docket IMM-1797-24
Application allowedWork permit, job offer
Sharma v Canada (Citizenship and Immigration)
2024 FC 1928Docket IMM-6445-23
Application allowedStudy permit
Tandel v Canada (Citizenship and Immigration)
2024 FC 1487Docket IMM-3700-23
Application allowedTemporary resident visa
Gill v Canada (Citizenship and Immigration)
2024 FC 1453Docket IMM-10337-23
Application allowed
Where to go next
A divorce in Ontario ends the marriage and leaves property, support and parenting untouched, which is why it usually comes after a separation agreement rather than before one.
The year of separation is the ground, the children are the bar, and the order takes effect on the thirty first day.
Common questions
What do people ask about divorce?
8 answered here
Written to be read once and acted on rather than to be rung about. Each answer is complete where the law allows a complete answer.
When does the year of separation start?
On the day one of you decided the marriage was over and began living separate and apart, which is not necessarily the day either of you moved out.
Section 8(3)(a) deems spouses to have lived separate and apart for any period during which they lived apart and either of them had the intention to live separate and apart. Only one of the two needs that intention, and it does not have to be mutual or agreed.
Separation under the same roof is possible and is common where neither party can afford to leave. What a court looks at is how the household actually functioned: sleeping arrangements, whether meals and finances were shared, whether you presented as a couple, whether either of you performed domestic services for the other. It is a question of evidence rather than of declaration.
Attempts at reconciliation are protected up to a point. Resumed cohabitation for a period or periods totalling not more than ninety days, with reconciliation as the primary purpose, does not interrupt the separation. Ninety-one days does, and the year begins again.
Why do divorces get held up?
Almost always the children, and specifically section 11(1)(b). The court has a duty to satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable guidelines, and to stay the granting of the divorce until they have been.
In practice that means the file has to show the payor's income and a child support figure that makes sense against the Federal Child Support Guidelines. An agreement saying the parties have settled support between themselves, without income disclosure or a figure the court can check, is the classic reason a divorce comes back from the court unsigned.
It also means agreeing a low figure to get the divorce through does not work. The court is checking the arrangement against the guidelines, and a number well below the table amount invites the question rather than avoiding it.
The other two duties in section 11 catch fewer files. The court must satisfy itself there was no collusion, and on the adultery or cruelty grounds that there was no condonation or connivance. Section 11(4) is careful to say that an agreement providing for separation, support, property division or parenting is not collusion, so a settled file is not at risk on that basis.
How long does it take, and when can you remarry?
The year of separation is usually the long part, and it can run while everything else is being settled. The application itself, where it is uncontested and the paperwork is in order, is measured in months rather than years, and the court's own processing time varies.
The date to watch is the effective date. Under section 12(1) a divorce takes effect on the thirty first day after the day the judgment is rendered. You are not divorced on the day the judge signs, and a marriage celebrated before that thirty first day is not valid.
That period exists to allow for an appeal. A court can shorten it under section 12(2), but only where it is of the opinion that special circumstances justify it and both spouses agree and undertake that no appeal will be taken. It is not granted for convenience.
For anyone planning a remarriage, the document that matters is the certificate of divorce under section 12(7), which is conclusive proof that the marriage was dissolved as of a specified date. It is issued on request and it is what an officiant, and an immigration officer, will want to see.
Do we have to be separated for a year before we can start?
No. Section 8(2)(a) requires that the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding, and were living separate and apart when it began. The application can be started before the year is complete, as long as the year has run by the time it is decided.
Can we be separated while still living in the same house?
It is possible. Spouses are deemed to have lived separate and apart for any period during which they lived apart and either of them intended to live separate and apart. Whether that is made out is decided on evidence about how the household actually ran, so it is worth documenting at the time rather than reconstructing later.
We tried again for a few weeks. Does the year restart?
Not if the attempts total ninety days or less and reconciliation was the primary purpose. Section 8(3)(b)(ii) protects that period. Once resumed cohabitation exceeds ninety days in total, the separation is treated as having been interrupted and the year starts again.
Why has the court not granted our divorce?
Most often because of section 11(1)(b). The court must satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, having regard to the guidelines, and must stay the divorce until they are. A file without income disclosure and a child support figure the court can check against the tables is the usual cause.
When am I free to remarry?
On the thirty first day after the day the judgment granting the divorce is rendered, under section 12(1). A court can order an earlier date only in special circumstances where both spouses undertake not to appeal. The certificate of divorce under section 12(7) is the proof you will be asked for.
Speak to someone this week
Bring your marriage certificate and the date you separated. A divorce in Ontario is straightforward once the children and the property are properly dealt with.