01
Marriage Contracts
A marriage contract sets out how property and support will be dealt with if the marriage ends. Under section 55(1) of the Family Law Act, a marriage contract is unenforceable unless it is in writing, signed by both parties, and witnessed. Each party should receive independent legal advice before signing, because a contract signed without it is more open to being set aside later.
02
Cohabitation Agreements
Unmarried partners in Ontario have no right to an equalization of property and no statutory share in the home they lived in together. A cohabitation agreement fills that gap. It records what each partner keeps, what happens to a shared home, and how support will be handled if the relationship ends.
03
Separation Agreements
A separation agreement resolves parenting, support, and property without a court order. Once it is in writing, signed, and witnessed, it is enforceable. Under section 35 of the Family Law Act, its support terms can also be filed with the court and enforced as if they were an order.
04
Divorce
Under section 8 of the Divorce Act, a divorce is granted on proof that the marriage has broken down. Almost every divorce proves this by showing that the spouses have lived separate and apart for at least one year. A Fergus divorce application is filed in the Superior Court of Justice in Guelph. An uncontested divorce is usually decided on written materials, without either spouse attending court.
05
Decision-Making Responsibility and Parenting Time
Decision-making responsibility covers the significant decisions in a child's life, such as schooling, health care, and religion. Parenting time is the schedule the child spends with each parent. Both are decided solely on the child's best interests, and a parenting plan can be agreed between the parents, worked out in mediation, or ordered by the court.
06
Child Support
Child support is set under the Federal Child Support Guidelines in a divorce and under Ontario's Child Support Guidelines where there is no divorce. Both calculate a table amount from the paying parent's income and the number of children. Special expenses, such as child care and extracurricular activities, are then shared in proportion to each parent's income.
07
Spousal Support
Spousal support turns on entitlement first and amount second. Married spouses may claim it. Under section 29 of the Family Law Act, so may unmarried partners who lived together continuously for at least three years, or who were in a relationship of some permanence and are the parents of a child together.
08
Support Enforcement
Support payable under a court order, or under an agreement filed with the court, is enforced by Ontario's Family Responsibility Office. The Office can garnish wages, intercept federal payments such as tax refunds, and suspend a driver's licence. Foote Law acts both for parents who are owed support and for parents seeking to change an existing order.
09
Equalization of Family Property
Each spouse's net family property is calculated as of the valuation date, which is usually the date of separation. The spouse with the higher net family property pays the other half of the difference. Under section 7(3) of the Family Law Act, the claim must be brought within six years after separation or two years after a divorce, whichever comes first. Missing that deadline can end the claim entirely.
10
Restraining Orders and Exclusive Possession of the Home
Where a person fears for their safety or the safety of their children, section 46 of the Family Law Act allows the court to restrain a spouse, former spouse, or former partner from contacting or coming near them. For married spouses, section 24 allows the court to order that one spouse have exclusive possession of the matrimonial home. Both orders can be sought urgently, and without notice to the other party in an emergency.
11
Family Mediation and Dispute Resolution
Mediation, negotiation, and collaborative approaches often resolve a case faster and at lower cost than litigation. Subsidized family mediation is available through the Guelph court location, and Foote Law represents clients in both private and court-connected mediation.
12
Parental Relocation
Under the Divorce Act and the Children's Law Reform Act, a parent planning a move that would significantly affect the children's relationship with the other parent must give written notice at least 60 days in advance. The other parent then has 30 days to object, and a disputed move is decided on the children's best interests.
13
Grandparents' Rights
Grandparents in Ontario have no automatic right to see their grandchildren. The Children's Law Reform Act does, however, allow a grandparent to apply for a contact order, which the court will grant where contact is in the child's best interests.
