“Domestic relations law” is a broad term for the laws that govern family relationships. In Ontario, it is more commonly called family law and covers issues such as marriage, separation, divorce, parenting, child support, spousal support, and property.
One of the most important things to understand about family law in Ontario is that it is governed by both federal and provincial legislation. Which laws apply depends on the circumstances, including whether the parties are married, whether they are seeking a divorce, and whether the matter involves children, support, or property.
Federal and Provincial: Who Governs What?
Under Canada’s Constitution, the federal government has authority over marriage and divorce. The provinces have authority over property and civil rights, which includes many of the day-to-day legal issues arising from family breakdown.
As a result, different laws may apply to different parts of the same family-law matter.
For example, a married couple seeking a divorce may rely on the federal Divorce Act for the divorce itself, parenting arrangements, and support. At the same time, Ontario legislation may govern property division, matrimonial-home rights, and certain domestic contracts.
If the parties are not seeking a divorce, or were never married, Ontario’s provincial legislation will generally be central to their matter.
The Main Statutes
The Divorce Act
The federal Divorce Act governs divorce in Canada. It also applies to parenting and support matters involving spouses who are divorcing or who are already divorced.
The Act recognizes one ground for divorce: breakdown of the marriage. This can be established through:
- One year of separation;
- Adultery; or
- Physical or mental cruelty.
Since 2021, the Divorce Act has used the terms decision-making responsibility and parenting time instead of custody and access. It also places significant emphasis on the best interests of the child, including the impact of family violence and the child’s physical, emotional, and psychological safety.
The Family Law Act
Ontario’s Family Law Act is one of the central statutes governing family-law matters in the province.
It addresses issues such as:
- Equalization of net family property between married spouses;
- Rights relating to the matrimonial home;
- Spousal support;
- Child support;
- Marriage contracts;
- Cohabitation agreements;
- Separation agreements; and
- Other domestic contracts.
Property equalization and matrimonial-home rights generally apply to married spouses. Common-law spouses do not automatically have the same property rights as married spouses, although they may have claims based on other legal principles.
Spousal support rights may apply to qualifying common-law spouses as well as married spouses.
The Children’s Law Reform Act
The Children’s Law Reform Act generally governs parenting matters in Ontario where the federal Divorce Act does not apply.
It addresses issues such as:
- Decision-making responsibility;
- Parenting time;
- Contact orders;
- Relocation; and
- Other parenting disputes.
Like the Divorce Act, the Act requires courts to focus on the best interests of the child.
The applicable legislation may depend on whether the parents are married, whether a divorce proceeding is underway, and whether the matter falls within federal or provincial jurisdiction.
The Child Support Guidelines
Child support is generally calculated using the applicable child support guidelines.
The Federal Child Support Guidelines apply to matters governed by the Divorce Act. Ontario has its own child support guidelines for matters governed by provincial legislation.
The amount of table child support is primarily based on:
- The paying parent’s income;
- The number of children; and
- The province or territory in which the paying parent resides.
The guidelines also provide a framework for determining how special or extraordinary expenses, often called section 7 expenses, may be shared between parents.
The Family Responsibility and Support Arrears Enforcement Act
Ontario’s Family Responsibility and Support Arrears Enforcement Act provides the legislative framework for the Family Responsibility Office, commonly known as FRO.
FRO can enforce eligible support orders and agreements using tools such as:
- Garnishment of wages and other payments;
- Interception of federal payments;
- Suspension of driver’s licences; and
- Other enforcement measures permitted by law.
FRO generally enforces support obligations. It does not decide whether support should be increased, reduced, or terminated. Changes to the amount of support usually require an agreement, a court order, or another appropriate legal process.
The Child, Youth and Family Services Act, 2017
The Child, Youth and Family Services Act, 2017 governs child protection in Ontario.
It sets out when a child may be considered in need of protection and establishes the legal framework for the involvement of children’s aid societies and other child-protection authorities.
Child-protection proceedings are different from private family-law disputes. They may involve the safety and well-being of a child rather than disagreements between parents about parenting time, support, or property.
The Succession Law Reform Act
The Succession Law Reform Act governs important estate-related matters, including:
- Wills;
- Intestacy, where a person dies without a valid will;
- Estates; and
- Certain dependant-support claims.
Although estate law is a separate area of law, it can overlap with family law. Separation, divorce, support obligations, beneficiary designations, and estate-planning documents may all affect a person’s legal and financial position.
How the Pieces Work Together
A separating family may need to consider several statutes at the same time.
For example, a married couple with children may:
- Obtain a divorce under the Divorce Act;
- Address parenting arrangements under the Divorce Act or the Children’s Law Reform Act;
- Calculate child support under the applicable guidelines;
- Resolve property and matrimonial-home issues under the Family Law Act;
- Create a separation agreement under the Family Law Act; and
- Register eligible support obligations with FRO for enforcement.
Although these laws operate separately, they often arise from the same separation and must be considered together.
Resolving Family-Law Issues Outside Court
Family-law matters do not always need to be resolved through a trial.
Depending on the circumstances, families may resolve their issues through:
- Negotiation between lawyers;
- Mediation;
- Arbitration; or
- A separation agreement.
A separation agreement can address matters such as property, support, and parenting. To be enforceable, a domestic contract must generally be in writing, signed by the parties, and witnessed. A court may also set aside a domestic contract in certain circumstances, including significant non-disclosure, a lack of understanding of the agreement’s nature or consequences, or other contractual problems.
A separation agreement may be filed with the court for enforcement purposes. Support provisions may also be registered with FRO where the agreement meets the applicable requirements.
Why the Applicable Law Matters
The same issue may be treated differently depending on the parties’ circumstances.
For example:
- Married spouses generally have statutory equalization rights, while common-law spouses do not automatically have the same property rights;
- The Divorce Act may apply to parenting and support when spouses are seeking a divorce;
- Provincial legislation may apply when the parties are not proceeding under the Divorce Act; and
- A support agreement may be enforceable through FRO only after the required registration process is completed.
Determining which statute applies is often one of the first and most important steps in a family-law matter.
Frequently Asked Questions
Domestic relations law, more commonly called family law, governs family relationships and disputes. It includes marriage, separation, divorce, parenting, child support, spousal support, property division, and domestic contracts.
Both. The federal government generally governs marriage and divorce, while Ontario legislation governs many issues involving property, support, parenting, and domestic contracts. The applicable law depends on the circumstances and the nature of the dispute.
The federal Divorce Act generally governs the divorce itself, as well as parenting and support issues connected to the divorce. Ontario legislation, including the Family Law Act, may also apply to property division, matrimonial-home rights, and domestic contracts.
Yes. Depending on the circumstances, parties may resolve their issues through negotiation, mediation, arbitration, or a separation agreement. Court proceedings may still be necessary if the parties cannot reach an agreement or urgent legal protection is required.
The Bottom Line
Domestic relations law in Ontario is a layered system involving federal and provincial legislation.
The federal government governs marriage and divorce, while Ontario legislation addresses many issues involving property, support, parenting, domestic contracts, enforcement, and child protection.
The laws that apply to a family depend on factors such as whether the parties are married, whether a divorce is being sought, and the nature of the dispute. Understanding that framework can help families identify their rights, responsibilities, and options for resolving their issues.
This article provides general information and is not legal advice. The outcome of any matter depends on its specific facts.
