Best Marriage Lawyers in Ontario

About Marriage Law in Ontario, Canada

Note: Ontario is a province in Canada, not a state in the United States. This guide explains marriage law as it applies in Ontario and outlines practical steps for residents seeking legal advice.

Ontario requires a valid marriage license and a ceremony performed by a licensed officiant to legally marry. The marriage is then registered with the provincial government, creating a formal record of the union. Both civil and religious ceremonies are recognized under Ontario law, as long as the formal requirements are met.

Same sex marriages are legally valid in Ontario. The nationwide recognition comes from federal law, and Ontario implements it through provincial processes and public records. To verify rights and procedures, consult Ontario statutes and federal legislation. This section highlights how provincial statutes interact with federal family law rules.

Key statutes shape how marriages are licensed, registered, and what happens after a marriage ends. The official Ontario statutes and government resources are the best sources for the current rules and forms. For a broad overview, see the Marriage Act and related acts on official government sites.

Canada legalized same sex marriage nationwide in 2005 under the Civil Marriage Act.

Source: Department of Justice Canada - Civil Marriage Act

Why You May Need a Lawyer

Consulting a solicitor in Ontario is often essential when your marriage involves significant assets, children, or complex issues. Below are concrete scenarios where legal counsel can help protect your rights and interests.

• Drafting or negotiating a marriage contract for a blended family or substantial assets. If you own a business, inheritances, or real estate, a marriage contract clarifies property ownership and spousal support in a future separation or death.
• Planning for protection after separation with a cohabitation or prenuptial agreement. Even for couples who later marry, a postnuptial agreement can specify how assets, debts, and parenting time are handled if the relationship ends.
• Resolving property and support issues after separation where there is a complex asset mix, such as family trusts, business interests, or multiple properties. A solicitor can advocate for fair division under the Family Law Act.
• Establishing child custody and child support arrangements during or after separation. A lawyer can help you prepare for court, negotiate consent orders, and file necessary motions.
• Seeking protection from abuse or domestic violence through Ontario family or protection orders and coordinating with criminal law when necessary. A solicitor can guide you through emergency hearings and safety planning.
• Handling cross jurisdiction or international elements if one spouse resides outside Canada or if orders must be recognized or enforced abroad. An Ontario solicitor can coordinate with federal and international mechanisms.

In Ontario, a lawyer can act as your advocate and help you understand the nuances of provincial family law, including spousal support, the matrimonial home, and the nuances of cohabitation rights. Legal counsel provides tailored advice after reviewing your facts and documents, not a generic prescription.

For any matter involving children, assets, or long-term commitments, engaging a solicitor early often saves time and reduces disputes. If cost is a concern, discuss fee structures, retainers, and potential eligibility for legal aid at an initial consult.

Local Laws Overview

Ontario relies on a trio of primary statutes to govern marriage licensing, registration, and post-marriage family law matters. See the official texts for the most current versions and amendments.

• Marriage Act, R.S.O. 1990, c. M.3 - Governs the formalities of marriage, licensing, and registration of marriages in Ontario. Visit the official statute for current provisions and amendments: https://www.ontario.ca/laws/statute/90m03.
• Vital Statistics Act, R.S.O. 1990, c. V.4 - Regulates vital records, including marriage registrations and the process for obtaining marriage certificates. See the current text here: https://www.ontario.ca/laws/statute/90v04.
• Family Law Act, R.S.O. 1990, c. F.3 - Sets out spousal rights, property claims, support, and related family law matters for married and some cohabiting couples. Access the act at: https://www.ontario.ca/laws/statute/90f03.

Federal law also plays a role in Ontario family matters, especially for divorce, child custody, and spousal support. The federal Divorce Act governs these issues when couples separate or divorce. See the federal act and related guidance here: https://laws-lois.justice.gc.ca/eng/acts/d-8.6/.

Recent developments often occur via amendments to these statutes. Always consult the latest consolidated versions on official sites to ensure accuracy. For a broad national context, the federal act is a key reference point for divorce and parenting matters.

Frequently Asked Questions

What is required to obtain a marriage licence in Ontario?

A valid photo ID, proof of age, and in some cases a divorce or widow status if applicable are typically required. Check with ServiceOntario for your local requirements and forms.

How do I apply for a marriage licence in Ontario?

Most couples apply in person at a ServiceOntario centre or, in select cases, online. A licence is typically valid for a limited period after issuance.

What is a marriage contract and when should I get one?

A marriage contract outlines property division, debts, and support terms. It is advisable for couples with significant assets or business interests to consider one before marriage.

Do I need a lawyer for a simple uncontested divorce?

Uncontested divorces often proceed without a court appearance, but a solicitor can ensure the paperwork is correct and that child or spousal issues are properly addressed.

How long does Ontario divorce take when contested?

Contested divorces depend on complexity, court availability, and cooperation between parties. Generally, they can take several months to a few years.

What is the difference between a prenuptial and a postnuptial agreement?

A prenuptial agreement is signed before marriage; a postnuptial agreement is signed after marriage. Both set out asset and support arrangements should the relationship end.

Can I marry if I have been previously married and divorced?

Yes, provided you meet provincial requirements, including legal capacity to marry and the absence of impediments stated in the Marriage Act.

What protections exist for children during a separation in Ontario?

Ontario law emphasizes the best interests of the child. Courts consider custody, access, and child support based on parenting arrangements and need evidence.

What is required to change my name after marriage in Ontario?

Most spouses choose to assume a surname. Official name changes are handled through government records and may require a marriage certificate.

What should I know about child support obligations?

Child support follows federal guidelines and provincial adjustments. A solicitor can help calculate and enforce support obligations.

What is the process to obtain a protection order if there is domestic violence?

Protection orders can be sought through the family court or police. A solicitor can help with emergency hearings and safety planning.

Additional Resources

• ServiceOntario - Marriage Licence and Registration: Information on how to obtain a marriage licence and register your marriage in Ontario. https://www.ontario.ca/page/get-marriage-licence
• Ontario e-Laws - Marriage Act: Official text of the Marriage Act with updates and amendments. https://www.ontario.ca/laws/statute/90m03
• Department of Justice Canada - Civil Marriage Act: Federal framework for marriage including same-sex marriage rights. https://laws-lois.justice.gc.ca/eng/acts/c-31/

Next Steps

1. Define your goals and timeline - Decide whether you need a prenuptial, postnuptial, or divorce-related advice. Set a rough deadline for decisions or court dates, if applicable. (1-2 days)
2. Identify potential issues - List assets, debts, children, residency, and potential domestic violence concerns. Gather documents such as deeds, statements, and income records. (1-2 weeks)
3. Research Ontario solicitors - Look for Ontario lawyers or solicitors with family law experience. Use the Law Society of Ontario directory to verify licensure and avoid conflicts of interest. (2-3 weeks)
4. Schedule initial consultations - Contact at least 2-3 lawyers for a no obligation consult. Bring your documents and a list of questions. (1-3 weeks, depending on availability)
5. Discuss costs and retainer arrangements - Ask about hourly rates, retainer fees, and estimated total costs for your matter. Get a written retainer agreement. (During consultations)
6. Compare advice and choose a solicitor - Assess clarity, responsiveness, and alignment with your goals. Confirm scope of work and timeline in writing. (1 week)
7. Formalize the engagement - Sign a retainer, share required documents, and establish milestones and communication plans. (Same week as decision)