Frequently Asked Questions

Uncoupled is Canada's family law platform: unbiased information about separation and divorce, your own timeline for your province, and a directory of family lawyers across Canada, with Quebec coming soon. It's always free for clients.

Yes. Creating an account, using our tools, browsing lawyer profiles and booking consultations are all free for clients. Lawyers pay a subscription to be listed.

It's more than a directory. You get your timeline for your province, clear guides, and lawyer profiles that show each lawyer's approach, expertise and rates upfront.

No. You can use Uncoupled's educational resources and timeline without ever connecting with a lawyer. However, we strongly recommend consulting with a family lawyer for legal advice specific to your situation, especially if your case involves children, significant property, or high conflict.

Every province and territory has its own timeline on Uncoupled, with local court steps, forms and resources. Quebec is coming soon, and if you live there, you can create an account and join the Quebec waitlist.

Kunal Bhasin and Charu Nanda. They saw how many people go through separation without a clear picture of the process: not knowing what comes next, or what to ask a lawyer. The problem wasn't the lawyers; it was the lack of clear, unbiased information. So they built Uncoupled. Read our story.

An uncontested divorce (where both spouses agree on all issues) typically takes 4 to 6 months. A contested divorce can take 1 to 3 years or longer, depending on the complexity of the issues and the province. The minimum requirement is one year of separation before the divorce can be granted (unless there are grounds of adultery or cruelty, which are rarely used).

Separation is when you and your spouse decide to live apart. No paperwork is needed to be legally separated in Canada. Divorce is the legal end of a marriage, granted by a court. You need a divorce to legally remarry. You can be separated without being divorced, and many issues (property, support, parenting) can be resolved during separation without filing for divorce.

No. You can file for divorce on the ground of separation before the year is up, but the court can only grant the divorce once you've lived separate and apart for at least one year. You can live under the same roof during that time if you're living separate lives. Adultery and cruelty are the other grounds, and they don't need a waiting period, but they're harder to prove.

Yes. The law recognizes that financial or practical circumstances may require separated spouses to continue living under the same roof. To demonstrate separation while cohabiting, you should maintain separate bedrooms, separate finances, prepare your own meals, and generally live independent lives. It can be helpful to document the date of separation.

An uncontested divorce is when both spouses agree on all issues: property division, spousal support, child support, and parenting arrangements. It is faster, cheaper, and can often be completed without a court hearing. A contested divorce is when the spouses cannot agree on one or more issues, requiring court intervention to resolve the disputes.

There are three grounds for divorce under the federal Divorce Act: (1) living separate and apart for at least one year (the most common), (2) adultery by the other spouse, and (3) physical or mental cruelty by the other spouse. The one-year separation ground is used in the vast majority of Canadian divorces.

Costs vary widely. An uncontested divorce where you do the paperwork yourself costs only the court fees, which vary by province. In Ontario, they're $669 (Ontario: Family court fees). In Newfoundland and Labrador, they're $190 (Supreme Court of Newfoundland and Labrador: Schedule of fees). In Prince Edward Island, they're $100, plus the $10 federal fee, if charged separately; confirm with the court registry (PEI Court Fees Act Fees Regulations). See every province and territory in our guide to legal fees. A lawyer-assisted uncontested divorce typically costs $1,500 to $5,000. A contested divorce can cost $15,000 to $100,000 or more, depending on the issues and how long the case takes. Uncoupled helps you understand what approach is right for your situation and budget.

The Divorce Act is a federal law that applies across all of Canada. It governs divorce, spousal support, child support, and parenting arrangements (decision making responsibility and parenting time) for married couples. Each province also has its own family law legislation that governs property division and other matters for both married and unmarried couples.

In most cases, yes. Uncontested divorces are typically granted through a desk review (paper review) where a judge reviews the documents without the parties appearing in court. If all issues are resolved and the paperwork is in order, you may never need to set foot in a courtroom.

After the judge signs the divorce order, there is a 31-day appeal period. Once that period passes, the divorce is final. You can then request a Certificate of Divorce from the court (in some provinces this is automatic, in others you must request it). The Certificate of Divorce is the document you need to prove your marriage has legally ended, for example to remarry.

Property division rules vary by province. In general, most provinces provide for an equal (50/50) division of property acquired during the marriage. Some provinces like Ontario use an equalization system (paying the difference in net family property), while others divide actual assets. Excluded property typically includes gifts, inheritances, and assets owned before the relationship, though rules vary.

In most provinces, yes. The matrimonial home often receives special treatment. In Ontario, the home cannot be excluded from equalization even if one spouse owned it before the marriage. In Saskatchewan, the family home cannot be exempted from division. Both spouses generally have the right to remain in the home regardless of whose name is on the title.

This varies significantly by province. Common law partners who meet the rules for how long they've lived together have statutory property division rights in British Columbia (Province of BC: I am in a common-law relationship. Do we divide our property or debt?), Alberta (Alberta: Dividing property between unmarried partners), Manitoba (Manitoba: Common-law partners and property), Saskatchewan (The Family Property Act, s. 2(1) "spouse"), Northwest Territories (NWT Family Law Act) and Nunavut (Nunavut Family Law Act (CSNu c F-30), s. 1(1) and Part III). They don't have statutory property division rights in Ontario (Ontario Family Law Act), Nova Scotia (Nova Scotia Family Law: Common law relationships and registered domestic partnerships (Matrimonial Property Act)), New Brunswick (Family Law NB (PLEIS-NB): Common-law partnerships), Prince Edward Island (PEI Family Law Act, s. 1(1)(g) and s. 29), Newfoundland and Labrador (Supreme Court of NL Family Division: Property) and Yukon (Yukon Family Property and Support Act), or in Quebec, and usually have to rely on trust or unjust enrichment claims instead. In Nova Scotia, registered domestic partners are the exception. This is one of the most important reasons to get province-specific legal advice.

Pensions are generally considered divisible property in a divorce. The portion of the pension earned during the marriage is typically shared. CPP (Canada Pension Plan) credits can be split between spouses. Some provinces include pension division automatically in the divorce order. The valuation and division of pensions can be complex, and you may need an actuary to determine the value.

A separation agreement is a legally binding contract between spouses that outlines how they will handle property division, spousal support, child support, and parenting arrangements. It is not filed with the court (unlike a divorce order) but is enforceable as a contract. Having independent legal advice for each spouse strengthens the agreement's enforceability.

In most provinces, property should be divided as part of or before the divorce. New Brunswick has a short deadline to apply for property division after a divorce or annulment. Confirm the deadline with the court. Other provinces have varying limitation periods. It is best to address property issues early in the process.

Decision making responsibility (formerly called custody) refers to the right to make major decisions about a child's life, including education, health care, religion, and extracurricular activities. Under the 2021 amendments to the Divorce Act, the term 'custody' was replaced with 'decision making responsibility' to reduce the adversarial nature of parenting disputes.

Parenting time (formerly called access) is the time a child spends in the care of each parent. A parenting schedule outlines when the child is with each parent. The schedule can range from equal (50/50) to primarily with one parent, depending on what is in the best interests of the child.

Child support in Canada is calculated using the Federal Child Support Guidelines, which are based on the paying parent's income and the number of children. The guidelines provide a table amount that varies by province. Additional section 7 expenses (childcare, medical, educational, extracurricular) are shared proportionally based on each parent's income.

Generally, no. Both parents have the right to a relationship with their children unless a court has ordered otherwise. Withholding parenting time without a court order can have serious legal consequences. If there are safety concerns, the proper course is to seek an emergency court order, not to unilaterally deny access.

The best interests of the child is the legal standard used in all parenting decisions. Factors include: the child's physical, emotional, and psychological needs; the nature of the child's relationship with each parent; each parent's willingness to support the child's relationship with the other parent; the child's views and preferences (if age appropriate); and any history of family violence.

Under the Divorce Act, a grandparent needs the court's permission (called leave) to apply for a contact order (Divorce Act, section 16.5). If the court grants leave, it decides the application based on the best interests of the child. Provincial laws vary on when non-parents can apply.

Spousal support is not automatic. It depends on factors such as the length of the relationship, the roles each spouse played during the marriage (income earner vs. homemaker), the economic impact of the marriage and its breakdown, and each spouse's financial needs and ability to become self-sufficient. Both married and common law partners can be entitled to spousal support.

The Spousal Support Advisory Guidelines (SSAG) provide a range for both amount and duration based on the length of the marriage and the income difference between spouses. The guidelines are advisory, not mandatory, and courts have discretion. A family lawyer can help you understand what range might apply to your situation.

The duration of spousal support depends on the length of the marriage and other factors. A general rule of thumb from the SSAG is 0.5 to 1 year of support for each year of marriage. Under the SSAG, support can be indefinite if the marriage lasted 20 years or more, or if it lasted 5 years or more and the recipient's age plus the years of marriage is 65 or more (the 'rule of 65'). Support can be reviewed and varied if circumstances change significantly.

Yes. Spousal support can be varied (changed) if there is a material change in circumstances, such as a significant change in income, retirement, remarriage of the recipient, or a change in health. Either party can apply to the court to vary the support order.

The right lawyer depends on your situation, preferred approach, budget, and personality fit. Uncoupled helps by showing you transparent lawyer profiles that include their approach to family law (collaborative, mediation focused, litigation ready), areas of expertise, and rate ranges. You can filter by province, expertise, approach, language and rate to narrow the list yourself. We recommend consulting with 2 to 3 lawyers before deciding.

Key questions include: What is your approach to family law? How many years of experience do you have with cases like mine? What is your hourly rate and estimated total cost? How will you communicate with me and how quickly? Have you handled cases in my province and court location? What is your approach to negotiation versus litigation? Do you offer unbundled services?

Collaborative law involves each spouse hiring their own collaboratively trained lawyer and committing to resolving all issues without going to court. Mediation involves a neutral third party mediator helping both spouses reach an agreement. Litigation is the traditional court process where a judge makes decisions. Many cases use a combination of approaches.

Unbundled (or limited scope) legal services allow you to hire a lawyer for specific tasks rather than full representation. For example, a lawyer might review your separation agreement, help you fill out court forms, or coach you for a hearing, while you handle other aspects yourself. This can significantly reduce costs.

Family lawyer rates in Canada typically range from $200 to $600 per hour, depending on the province, the lawyer's experience, and the complexity of the case. Many lawyers offer free or reduced fee initial consultations. Some offer flat fees for uncontested divorces. Legal aid may be available for those who qualify. Uncoupled shows you transparent rate ranges so you can find a lawyer within your budget.

Legal aid provides free or low cost legal representation for people who cannot afford a lawyer. Eligibility is based on income, assets, and the nature of the legal issue. Each province has its own legal aid program with different eligibility criteria and coverage. Family law matters involving children, domestic violence, and support disputes are often covered.

When you create an account and select your province, Uncoupled builds your timeline, with milestones specific to your jurisdiction. Each milestone explains what to expect, what documents to prepare, what questions to ask your lawyer, and links to official resources. You can track your progress and mark milestones as complete.

You browse and choose. On the lawyers page you can filter by province and hourly rate, and choose to see only lawyers whose standing we've verified. More filters let you narrow the list by practice area, language, approach to family law and years of experience. Then read each lawyer's profile to see how they work and what they charge. Uncoupled doesn't rank or recommend lawyers.

Find a lawyer on Uncoupled, view their profile, and click Request Consultation. Select your preferred format (video or in person), choose a date and time, and add any notes about your situation. The lawyer will be notified and you will receive confirmation. Many lawyers offer free initial consultations.

After a consultation, clients can rate the lawyer privately. Once a lawyer has at least 5 ratings, we show their average on their profile. We never show individual ratings or who gave them, and ratings don't change the order lawyers appear in.

Yes. Lawyers only see your name, photo, province and what you send them, and only when you contact them. We never sell your information. We use a few service providers to run Uncoupled, like our database, hosting and email providers, and a small number of people at Uncoupled can see account details when they need to help you or keep the platform safe. Our Privacy Policy lists them all.

Absolutely. Many people use Uncoupled at the very beginning of the process when they are still considering their options. Our educational resources and timeline can help you understand what the process looks like before making any decisions. There is no obligation to hire a lawyer or proceed with a divorce.

Lawyers apply with their licence. Once approved, they set up their profile and availability. We confirm their standing with their provincial law society, and verified profiles show a mark. That check isn't an endorsement. Lawyers pay a monthly subscription to be listed.

No. Uncoupled provides educational information about the legal process, tools to help you understand your situation, and a way to find and compare family lawyers. All legal advice comes from the independent lawyers on our platform. Our content is for informational purposes only and should not be relied upon as legal advice for your specific situation.

A common law relationship is when two people live together in a conjugal relationship without being legally married. The definition and the rights attached vary significantly by province. Some provinces require 1 year of cohabitation, others require 2 or 3 years. Some provinces (like BC) give common law partners nearly the same rights as married spouses, while others (like Ontario) do not.

No. Only legally married couples need a divorce to end their marriage. Common law couples are considered separated when they stop living together. However, common law partners may still need to resolve issues of property division, support, and parenting through negotiation, mediation, or court applications.

A cohabitation agreement is highly recommended, especially in provinces where common law partners have limited automatic property rights. The agreement can outline how property, debts, and support will be handled if the relationship ends. It's particularly important in Ontario, Quebec, Newfoundland and Labrador, and the other provinces and territories where common law partners don't have statutory property division rights.

Family mediation is a process where a neutral third party mediator helps separating couples reach agreements on issues like property division, support, and parenting. The mediator does not make decisions or give legal advice. Mediation is generally faster, less expensive, and less adversarial than going to court. Several provinces offer free or subsidized mediation services.

Requirements vary. Quebec mandates a free mediation session for couples with children. Saskatchewan requires mandatory Family Dispute Resolution before contested cases can advance. Manitoba requires mediation attempts as part of the Triage Model prerequisites. Many other provinces strongly encourage mediation through their court procedures without making it mandatory.

Mediation may not be appropriate when there is a history of domestic violence, a significant power imbalance between the parties, active substance abuse, mental health issues that prevent meaningful participation, or when one party is hiding assets. In these situations, other processes such as collaborative law with individual lawyers or court proceedings may be more appropriate.