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Navigating Family Law in Ontario: Insights from Van Delft Law

At Van Delft Law, we understand that navigating family law in Ontario can be both challenging and emotionally taxing. Our mission is to provide you with clear, compassionate, and expert legal guidance through every step of your journey. In this blog post, we will cover some essential aspects of family law in Ontario, drawing from key points and cases to help you understand your rights and obligations.


Definition of Marriage and Family


Family structures in Ontario are diverse, and the courts recognize various forms of relationships. Traditionally, marriage was defined as "the voluntary union for life of one man and one woman to the exclusion of others." However, significant changes have been made to this definition to include same-sex marriages, ensuring equality and non-discrimination.


In the landmark case of Reference re Same Sex Marriage (2004), the Supreme Court of Canada affirmed that the federal government could extend the definition of marriage to same-sex couples, consistent with the protections under Section 15(1) of the Charter. This led to the enactment of the Civil Marriage Act 2005, which defines marriage as "the lawful union of two persons to the exclusion of all others."


Financial Contributions in Common Law Relationships


Common law relationships, where couples live together without being legally married, are increasingly common. The rights and obligations in these relationships, especially regarding financial contributions, are addressed through principles of unjust enrichment.


In Kerr v Baranow (2011), the Supreme Court established that a non-titled partner may claim unjust enrichment if there is:

1. An enrichment to the defendant.

2. A corresponding deprivation to the plaintiff.

3. No juristic reason for the enrichment.


This means that contributions made by one partner, which benefit the other, can be recognized and compensated.


Annulment and Void/Voidable Marriages


Annulments differ from divorces in that they declare a marriage null and void, as if it never legally existed. Grounds for annulment include absence of consent, legal incapacity, and non-consummation of marriage.


For instance, marriages can be annulled if one party was coerced or unable to consent due to mental incapacity. Voidable marriages, on the other hand, remain valid until annulled. Legal capacity issues, such as one party being underage, also constitute grounds for annulment.


Spousal and Child Support


Spousal and child support are critical aspects of family law aimed at ensuring that both parties and their children can maintain a reasonable standard of living post-separation.


Spousal Support: Interim and permanent support orders ensure that a dependent spouse can meet their needs and maintain the standard of living established during the marriage. Key cases, such as Moge v Moge (1992) and Bracklow v Bracklow (1999), have shaped the principles governing spousal support, emphasizing the importance of considering the recipient's needs, means, and the duration of the marriage.


Child Support: Child support is mandatory and calculated based on the income of the non-custodial parent, ensuring the child's needs are met. Significant cases, like **Chartier v Chartier (1999)**, highlight the courts' commitment to the child's best interests, ensuring that financial support is fair and adequate.


Parenting Arrangements and Custody


Post-divorce parenting arrangements prioritize the best interests of the child. Various arrangements, such as joint custody and parallel parenting, are designed to support the child's well-being and maintain strong relationships with both parents.


The Divorce Act outlines the criteria for parenting orders, emphasizing stability and continuity in the child's life. Changes in living arrangements, such as relocation, require careful consideration of the child's best interests and may involve court intervention to resolve disputes.


Domestic Contracts


Domestic contracts, including cohabitation agreements, marriage contracts, and separation agreements, allow couples to outline their rights and obligations, providing clarity and reducing conflicts. These contracts must meet specific formal requirements to be enforceable, such as being in writing, signed by both parties, and witnessed.


At Van Delft Law, we guide our clients through the process of creating and understanding these contracts, ensuring their interests are protected and their agreements are legally sound.


Conclusion


Family law in Ontario encompasses a wide range of issues, from the definition of marriage to financial contributions in common law relationships, annulments, support obligations, and parenting arrangements. At Van Delft Law, we are committed to providing comprehensive and compassionate legal support to help you navigate these complex areas. If you have any questions or need legal assistance, please do not hesitate to contact us. Our experienced team is here to support you through every step of your family law journey.

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