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ON Solicitor Exam: Family Law: Divorce, Property Division, Support, and Parenting

ON Solicitor Exam · Work through your exam, one topic at a time.

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Family Law: Divorce, Property Division, Support, and Parenting

What the Exam Tests in Family Law

The Family Law domain tests the Divorce Act (federal) and the Ontario Family Law Act (FLA), covering divorce grounds, equalization of net family property, spousal and child support, and parenting under the best interests of the child. Questions often turn on the equalization calculation, the Federal Child Support Guidelines, and the Spousal Support Advisory Guidelines.

Core Rules and Concepts

  • Divorce. Under the Divorce Act, divorce is granted on breakdown of marriage: separation for one year, adultery, or cruelty. The one-year separation ground is the most common; spouses may live separate and apart under the same roof.
  • Equalization. The FLA requires equalization of net family property (NFP): the spouse with the higher NFP pays half the difference. NFP is the value of all property on the valuation date less debts and less the net worth at marriage (with exclusions such as gifts and inheritances).
  • Matrimonial home. The matrimonial home is treated specially: its full value is included in NFP regardless of when acquired, and both spouses have an equal right to possession.
  • Spousal support. Entitlement arises from compensatory, non-compensatory, or contractual bases. The SSAG provides ranges for amount and duration.
  • Child support. The Federal Child Support Guidelines set the table amount by income and number of children, plus section 7 special or extraordinary expenses.
  • Parenting. The best interests of the child govern, including the child's views and preferences, and the willingness of each parent to support the child's relationship with the other.

Worked Example

Spouse A has NFP of $600,000; Spouse B has NFP of $200,000. The difference is $400,000, and A pays B $200,000. If the matrimonial home worth $500,000 was brought into the marriage by A and excluded, that exclusion would not apply to the matrimonial home, so its full value remains in A's NFP.

Traps That Cost Marks

  • Excluding the matrimonial home from NFP as a pre-marital asset.
  • Forgetting to deduct the net worth at marriage.
  • Confusing equalization with a division of each asset in kind.
  • Ignoring section 7 expenses in child support.
  • Treating the one-year separation as requiring separate residences.