Enter email to subscribe to Free Divorce Mini-Course
Divorce & Family Law MenuCanada Divorce Advice
Child Support Canada
Child Custody in Canada
Spousal Support (Alimony)
Family Law Procedure
Dating After Divorce
DNA Paternity Testing
Deciding on Divorce
Property Divorce Laws
Ontario Divorce Objectives
Legal Separation Canada
Canadian Divorce Glossary
If you're considering ending your marriage, learning to speak the "language" of divorce in Canada is an important first step. Below you will find a brief glossary of terms related to the separation process. These definitions are overviews, provided to help you begin to understand what is involved in ending a marriage.
Negotiation - Negotiation is the process of discussing issues arising from the breakdown of your marriage with a view to resolving them. An agreement is usually a compromise representing a modification of the original positions of the spouse. The negotiation can be done directly between you and your spouse, or between your lawyers.
Net Family Property - In Ontario family law, the first step in determining the division of assets is calculating your net family property. This is essentially your assets on the date of separation, less your liabilities on the date of separation, less your net worth on the date of marriage, and less any inheritances, gifts from third parties and personal injury awards received during your marriage that are traceable.
Notional Disposition Costs - There are often financial consequences to cashing in an asset. For instance, if you cash in an RRSP, you will need to pay income tax on the proceeds. If you sell a plot of land, other than your primary residence, there may be capital gains tax. In selling your home, there may be real estate fees. These financial consequences of cashing in an asset are known as notional disposition costs. In calculating the division of property on divorce, if you use the actual value of your assets, you will be overstating their value. To account for this, you must deduct any notional disposition costs from the value of the assets.
Notary Public - A notary public is a person authorized to administer oaths, and to execute or certify certain documents. All lawyers are notaries public in addition to being barristers and solicitors.