Family Law in Canada

How long does a divorce take in Canada?

The only ground is breakdown of the marriage, and in practice that means living separate and apart for 1 year — you can file earlier, but the year must have passed before the divorce is granted. Adultery or cruelty can substitute for the year but rarely speed anything up in practice. Once granted, the divorce takes effect on the 31st day. An uncontested divorce commonly takes a few months of court processing; contested parenting, support or property issues are what stretch cases into years.

Who gets custody of the children?

Canadian courts no longer award "custody" at all. Since 1 March 2021 the Divorce Act deals in decision-making responsibility and parenting time, decided solely on the best interests of the child — safety and well-being first, plus factors like each parent's care of the child, the child's views given their age and maturity, and willingness to support the child's relationship with the other parent. There is no automatic 50/50 and no preference for mothers. Most parents settle these arrangements by agreement or mediation; courts decide when they cannot.

How much child support will I pay or receive?

Almost always the table amount under the Federal Child Support Guidelines: a set figure from the paying parent's gross annual income, the number of children, and the province. Courts depart from the tables only in defined cases — shared parenting time above 40%, undue hardship, incomes over $150,000, or adult children. Special expenses (child care, health costs, some activities) are shared on top, in proportion to incomes. Child support is the child's right — parents cannot bargain it away.

I'm not married — does my partner have a claim on my property?

It depends heavily on your province. In British Columbia, living together 2 years puts you under the same property-sharing rules as married couples. In Ontario, common-law partners have no automatic property split — only trust claims such as unjust enrichment, which are harder and fact-driven. In Quebec, de facto spouses have no property regime at all, however long the relationship. Spousal support is different: common-law partners can qualify in every province after living together long enough (commonly 2 or 3 years, or having a child together). Where you live matters more than almost anything you agreed.

Is there a deadline I might be missing?

Quite possibly. In Ontario, an equalization (property) claim is generally barred 2 years after your divorce or 6 years after separation, whichever comes first. BC family property claims run 2 years from divorce or separation. Spousal support limitation rules differ again by province, and relocation notices under the Divorce Act have their own clocks. Child support has no limitation period. One free call sorts out which clocks are running in your situation.

How do I get protection from family violence quickly?

If you're in immediate danger, call 911. Otherwise the fast doors differ by province: emergency protection orders (Alberta, Saskatchewan and others) can be granted the same day without the other person present; Ontario's family courts issue restraining orders; BC issues protection orders under its Family Law Act; and criminal peace bonds exist everywhere. Breaching these orders is a criminal matter. The 2021 Divorce Act amendments also make family violence an explicit factor in every parenting decision.

What if I can't afford a family lawyer?

Every province runs a legal aid plan that covers family matters for people who qualify financially — Legal Aid Ontario, Legal Aid BC, Quebec's legal aid network and their counterparts — and family courts have duty counsel who can help on the day. Family justice services (mediation, parenting information programs) are free or subsidised in most provinces. The free line explains what exists where you are; and if you want a private lawyer for one focused hour, that is exactly what the C$295 consultation is.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about Canadian family law — not legal advice on your specific situation — and calling creates no lawyer-client relationship. When you want advice or someone in your corner, we connect you with an expert Canadian family lawyer for a one-hour consultation at a flat C$295 — the total, nothing added — bookable on the call, with the price confirmed before you pay anything.