FREQUENTLY ASKED QUESTIONS - children

One of the biggest concerns for couples entering divorce mediation is how to protect their children throughout the process. Divorcing parents are often deeply worried about the effects the separation will have on their kids and the family as a whole. A divorce mediator can help ease this transition for everyone involved. By outlining the differences between sole custody, joint custody, and visitation rights, the mediator can assist the couple in co-parenting successfully even though they no longer live under the same roof. 

A parenting plan helps divorced parents successfully co-parent their children after separation. It considers the schedules and guidelines necessary for children with parents living apart. Designed to minimize conflicts and reduce uncertainty, a parenting plan leaves little to chance.

Having a solid parenting plan is crucial for supporting both the family and the children during a divorce. A skilled divorce mediator can assist both parents in creating a customized plan that works for everyone involved. This plan addresses issues like scheduling, education, extracurricular activities, summer vacations, and holidays such as Christmas, New Year's, and other significant family or religious celebrations.

Creating clear and well-structured agreements is one of the most important steps in establishing stability for you and your family. Our Co-Parenting Plan and Separation Agreement services are designed to help you build practical, respectful, and comprehensive arrangements that protect your rights and promote collaboration.

We work with you to draft customized co-parenting plans that focus on your children’s best interests, including detailed parenting schedules, communication protocols, and decision-making frameworks. Each plan is tailored to reflect your family’s unique circumstances, encouraging cooperation and reducing future conflict.

We also assist with the preparation and drafting of separation agreements, covering financial disclosure, property division, and parenting terms. If you do not already have a lawyer, we can connect you with one of our trusted legal partners to review and finalize your documents. This approach allows you to save on legal fees while ensuring that your agreements are thorough, fair, and enforceable.

Through structured guidance and practical tools inspired by A Smarter Divorce – A DIY Handbook for Canadians, we help you move forward with confidence, clarity, and peace of mind, knowing your next steps are organized and professionally supported.

Child custody and access often become major sources of frustration and conflict for divorcing parents. Misunderstandings commonly occur about the differences between custody and access. Custody refers to the right to make important decisions regarding a child's care and upbringing. Joint custody means that both parents share the right to make decisions about the child's education, religion, healthcare, and travel. Access is the right to spend time with the children, organizing that time in a manner that serves the best interests of the children. 

In Ontario divorce law, the separation date is when both spouses agree that the marriage has ended and they wish to divorce. The separation date is significant because:

1. The total value of all your assets and liabilities is determined as of that date.

2. Couples are eligible to obtain a divorce only after one year has passed since the separation date.

The valuation date is the point in time from which a divorcing couple's net assets are calculated. The greater the assets a couple has to divide, the more complex the process of equal division can become. Under Canadian divorce law, the division and equalization of assets can vary from one province to another. 

Under Canadian divorce law, the value of any property acquired during the marriage is generally divided equally between the divorcing spouses. To achieve an equitable accounting, each spouse completes a financial statement that lists all assets and liabilities. These amounts are then combined and split 50/50 to determine the "equalization amount." Even if one spouse retains a particular asset, the other spouse may receive an equalization payment to balance the division. This process ensures that each person receives the same amount of value once all assets and liabilities have been calculated. 

In a divorce, the assets and debts that were built or accumulated during the relationship are usually divided between spouses. These can include the family home, other real estate, savings, investments, pensions, business interests, vehicles, and personal property such as furniture or valuables. Debts like mortgages, credit cards, and loans are also considered part of the division. The goal is to reach a fair distribution based on what was acquired during the marriage, rather than before it. Some assets, such as inheritances or gifts kept separate from family finances, may be treated differently depending on individual circumstances and provincial laws. 

 A matrimonial home is the primary residence where married spouses lived together before their separation. In Ontario, this can include a house, condominium, apartment, or other property that was used as the family’s main home. What makes it a matrimonial home is not whose name is on the title or who paid for it, but the fact that it was the couple’s shared residence.

Both spouses have equal rights to the matrimonial home, which means it cannot be sold, transferred, or mortgaged without the other spouse’s consent. This rule applies even if only one person’s name appears on the ownership documents. Who keeps the matrimonial home depends on your overall agreement or court decision. One spouse may buy out the other’s share, or the home may be sold and the value divided equally 

All of you and your spouse’s debts incurred during your marriage will be included in the calculation. Debts such as mortgages, credit cards, lines of credit and personal loans will all be split 50/50.