Divorce Terms You Need to Know: A Glossary of Ontario Family Law

Divorce is already stressful, and legal jargon only makes it harder. But understanding key terms can help you make informed decisions. Whether you're negotiating a separation agreement, attending mediation, or dealing with court proceedings, knowing the right terminology can prevent confusion and costly mistakes.

This guide breaks down essential divorce terms in Ontario family law. Bookmark it, share it, and refer back whenever you need clarity.

Key Takeaways

• Learn the most important legal terms in Ontario family law.
• Understand how these terms affect your divorce, finances, and child custody.
• Gain the knowledge to advocate for your rights effectively.

Essential Divorce Terms in Ontario Family Law

1. Equalization

The process of dividing the value of property acquired during the marriage. The spouse with the higher Net Family Property (NFP) must pay the other spouse half the difference.

2. Net Family Property (NFP)

The total value of all property owned at separation, minus debts and any property brought into the marriage.

3. Matrimonial Home

The home where the couple lived at the time of separation. It has special legal protections under Ontario law.

4. Spousal Support

Payments made by one spouse to the other after separation to help maintain financial stability.

5. Child Support

Payments made by one parent to the other to cover a child's living expenses.

6. Parenting Time

The schedule that determines when a child spends time with each parent (previously called "access").

7. Decision-Making Responsibility

The authority to make major decisions about a child’s upbringing, including education, healthcare, and religion (formerly called "custody").

8. Separation Agreement

A legally binding document outlining terms for property division, spousal support, and parenting arrangements.

9. Mediation

A voluntary process where a neutral third party helps spouses reach an agreement outside of court.

10. Collaborative Family Law

A process where both spouses and their lawyers commit to resolving disputes through negotiation instead of litigation.

11. Litigation

The process of settling disputes in court.

12. Uncontested Divorce

A divorce where both spouses agree on all major issues, avoiding court battles.

13. Contested Divorce

A divorce where spouses disagree on key issues, requiring court intervention.

14. Joint Custody

Both parents share decision-making responsibilities for their children.

15. Sole Custody

One parent has full decision-making authority over a child’s upbringing.

16. Parenting Plan

A document detailing how parents will share responsibilities and time with their children post-separation.

17. Restraining Order

A legal order preventing one person from contacting or approaching another, often used in cases involving domestic violence.

18. Financial Disclosure

The process of sharing income, assets, and debt information with a spouse or the court.

19. Arrears

Unpaid child or spousal support payments.

20. Variation Order

A court order modifying an existing support or custody agreement due to a change in circumstances.

Why Knowing These Terms Matters

Helps You Navigate the Divorce Process

Understanding legal terms can make you feel more prepared and less uncertain during negotiations and court proceedings.

Reduces Misunderstandings

Misinterpreting a term like "parenting time" versus "decision-making responsibility" can lead to agreements that don’t meet your needs.

Empowers You to Make Informed Decisions

Knowing your rights helps you advocate for yourself effectively, whether in mediation or court.

How to Use This Glossary

• Bookmark it: Keep it handy for quick reference.
• Ask questions: If a term is unclear, consult a mediator or lawyer.
• Share it: Ensure both you and your ex understand these terms.

Take the Next Step with Braystone Mediation

Divorce is challenging, but understanding legal terminology doesn’t have to be. At Braystone Mediation, we simplify the process with clear guidance and flat-fee pricing, so you don’t have to worry about unexpected legal bills.

If you’re navigating a divorce in Ontario, reach out to us today. Let’s work toward a smoother, more cooperative resolution.