How Family Law Rules Shape Every Stage of a Divorce
Divorce is one of the most stressful things you will ever go through.
But what most people don’t realize is how divorce is controlled by family law rules. These rules impact everything. From filing the initial application to gaining exclusive possession of the matrimonial home.
The problem?
Most people don’t understand how they work. And not knowing these rules cost them valuable time, money, and stress.
What you’ll learn
- How divorce is controlled by family law rules
- Why matrimonial home exclusive possession is important
- Everything divorce cases go through
- How to protect yourself during a divorce
How Divorce is Controlled by Family Law Rules
Family law rules are like the playbook every Ontario divorce follows.
They dictate how every step of the process works. Family Law Rules control how you file applications, handle disclosure, deal with evidence and more.
If there were no family law rules every divorce would be a hot mess.
During a divorce application things like motion practices, trials and even settlement conferences all have their own rules. Every step of the process from start to finish is covered by the Family Law Act.
The matrimonial home is a very important asset in any Ontario divorce. Both spouses have equal possession rights to the matrimonial home. Neither spouse can exclude the other from the home or sell it without the other’s consent.
Sometimes one spouse may apply to the court for exclusive possession of the matrimonial home. This is often one of the most important applications made during a divorce.
You can learn everything you need to about Ontario family law rules by following this guide to Ontario family law rules. It covers applications, hearings and exactly how evidence is used during a divorce.
The key thing to remember…
Matrimonial home exclusive possession orders only deal with who gets to live in the family home. The court will consider many factors when deciding who gets exclusive possession. These factors include:
- The best interests of any minor children in the home
- Any history of family violence
- Financial positions of both spouses
- Availability of alternative accommodations
Everything Divorce Cases Go Through
Ontario divorces go through the same process no matter what.
Knowing the stages helps you understand what’s coming next. Here is everything divorce cases go through.
Filing the Application
Your divorce begins the day one spouse files an application with the court. Did you know that back in 2020 divorces hit a record low?
In 2020 divorces dipped to 5.6 divorces per 1,000 married people. That’s the lowest divorce rate Canada has seen since 1973.
The divorce application lays out everything both parties are asking the court to order. Child custody, child and spousal support, and property division will all be included in this application.
Financial Disclosure
It’s time to open your wallet.
During financial disclosure both parties have to disclose their net worth. Assets, income, expenses, and debts are all examined during this stage of the process. If you try to hide financial information now, you will pay for it later.
Why?
Financial disclosure is used to decide things like spousal support payments and property equalization. If a spouse can’t accurately prove their income, the court may impute income above what they claim.
Case Conference & Settlement
You want to settle this thing if you can.
Case conferences are how the court forces you and your spouse to consider settling. During this stage you’ll meet with a justice of the court to see if you can narrow the issues in your case.
Settling your divorce saves you time and money. Did you know that going to trial costs an average Canadian family $20,625? If you take your trial to court the legal fees alone could exceed $40,000 for both spouses.
Every party wants to avoid going to trial. That means you should too.
Why Matrimonial Home Exclusive Possession Orders are Important
During a divorce who gets to stay in the matrimonial home is always a huge deal.
Under the Family Law Act either spouse can make an application to the court for exclusive possession of the matrimonial home. This means one spouse will be allowed to live in the home and the other spouse will have to move out.
Courts consider several important factors when deciding if an exclusive possession order should be granted:
- Each spouse’s financial situation
- Stability for children, if any
- Anything else the court deems “just and equitable”
But remember…
Matrimonial home exclusive possession orders don’t establish ownership of the matrimonial home. Just because your spouse gets exclusive possession doesn’t mean they automatically get to keep the house.
An exclusive possession order can also be temporary until trial. Since trials can take up to two years divorce cases will take a long time under this order.
Protecting Yourself During a Divorce
You know your rights. Now it’s time to protect them.
If you’re going through a divorce you should keep these tips in mind:
Educate Yourself Before You Begin. Take the time to learn about divorce before you file your application. A huge benefit of understanding the Family Law Rules is avoiding costly mistakes.
Get Professional Legal Advice. Family Law is complicated. Don’t go into a divorce without hiring a family lawyer to look things over. It only takes one mistake to lose ground on issues like matrimonial home exclusive possession.
Don’t Leave Home Unless You Consult with a Lawyer. A big mistake that many people make is moving out of the matrimonial home too soon. If you do this without understanding your rights you could hurt your chances of attaining exclusive possession.
Keep Good Records. Keep records of expenses, income, and any abnormal financial transactions. If your spouse hides money during disclosure you’ll want to have evidence to prove it.
Wrapping It Up
Family law rules control every stage of divorce.
They dictate how you file your application, provide proof of income, and even deal with custody arrangements. If you don’t know how the rules work you’re at a massive disadvantage against your spouse.
Matrimonial home exclusive possession applications change where you and your family live during a divorce. Understanding how the process works gives you a huge advantage moving forward.
Familiarize yourself with every stage of divorce so you know what to expect. Learn the family law rules and know your rights before you file your divorce application.
Knowledge is power. Protect yourself by staying educated and getting professional legal advice.
