Knowledge Base

Common Law

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Finance

Do I have to share my pension with my ex-spouse?

Yes. Pensions earned during a marriage are family assets. Under FSRA rules, a "Statement of Family Law Value" must be obtained from the pension plan administrator. While you must account for its value, you don't necessarily have to split the pension itself; you can...

How are debts like credit cards and lines of credit split?

Debts are subtracted from your asset total to determine your NFP. If you have joint debt, like a line of credit, the agreement should specify exactly who will pay it off or how it will be cleared using the proceeds from a house sale. It is vital to close joint...

What is the “Valuation Date” and why does it matter?

The Valuation Date is the "finish line" for your financial marriage. On this day, the value of all bank accounts, investments, and house prices is "frozen" for the purpose of the law. Any money you earn after this date is yours alone, but any debt you incur is also...

How We Work

How do we divide shared AirBnB or rental property income?

We analyze the "Net Profit" from your rental properties. In mediation, we decide if that income will be split monthly, or if one spouse will keep the income in exchange for an "offset" (e.g., paying a higher amount of spousal support).

What happens if one spouse receives a large bonus after separation?

A bonus earned after the separation date is usually the sole property of that spouse and is not "equalized." However, it is considered income for that year and may trigger a recalculation of child or spousal support to ensure the children benefit from the increase.

Kids and Divorce

Can we change our parenting plan later without going to court?

Yes. Parenting plans are "living documents." As kids grow from toddlers to teens, their needs change. You can sign a simple "Amending Agreement" (also mediated and witnessed) that updates your schedule or support amounts without needing a judge to sign off on it.

Does my new partner’s income affect child support?

No. Your obligation to support your child is based on your own income, not that of a new spouse or partner. A new partner's income only becomes relevant in rare "undue hardship" cases where one household is significantly struggling compared to the other.

Who pays for the children’s health and dental insurance?

Usually, the parent with the best employer-provided benefits plan carries the children. The actual "out-of-pocket" cost of the premiums and any uncovered expenses (like braces or therapy) are shared as Section 7 expenses in proportion to each parent's income.

Logistics of Separation

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The Process

How long do we have to be separated before filing for divorce?

Under the Divorce Act, you must be separated for at least one full year (365 days) before a judge can grant a final Divorce Order. However, you do not have to wait a year to finalize your finances or parenting plans. You can negotiate, sign, and begin living by your...

Can we be separated but still live in the same house?

Yes, Ontario law recognizes that many couples must stay in the same home for financial or parenting reasons. To prove you are "separate but living under one roof," you must demonstrate a withdrawal from the matrimonial relationship, such as sleeping in separate rooms,...

Is a verbal agreement between spouses legally binding in Ontario?

No. A verbal "handshake" agreement regarding property or support is not enforceable under Ontario’s Family Law Act. To be legally binding, a separation agreement must be in writing, signed by both parties, and witnessed by a third party. Without these formalities,...

Safety and Mutual Respect

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Legal Boutique Logo

Based in Whitby, Serving the GTA & All of Ontario Remotely

Located in the heart of Whitby and proudly serving the Durham Region, Legal Boutique provides accessible family mediation services without the commute. While we regularly assist clients locally in Oshawa, Ajax, Pickering, and Clarington office we also offer vurtual mediation to serve the entire Greater Toronto Area (GTA) and beyond.


Areas We Serve

We have optimized our practice to serve the Greater Toronto Area (GTA) and the entire province of Ontario virtually. Whether you are avoiding the commute from Toronto or Markham, or seeking assistance from Ottawa or London, our secure remote process ensures you receive the same high-quality mediation services from the comfort of your home.

Local (In-Person or Remote)

  • Oshawa
  • Ajax
  • Pickering
  • Brooklin
  • Bowmanville & Courtice

Greater Toronto Area (GTA)

  • Toronto & Scarborough

  • Markham & Richmond Hill

  • Vaughan

  • Mississauga

  • Brampton

  • Newmarket

Ontario-Wide (Remotely)

  • Ottawa

  • Hamilton

  • London

  • Kingston

  • Barrie

  • Sudbury & North