A family lawyer helps with the legal side of separation and divorce: where the children will live and how decisions about them are made, child and spousal support, and how property and debts are divided. Many also draft marriage contracts and separation agreements, so arrangements are clear before a dispute starts.
When to speak to a family lawyer
- You are separating, or thinking about it, and want to understand your rights before you act.
- You and your partner need to agree on parenting time, support or who keeps the home.
- You have received court papers or a proposed agreement and are unsure what to sign.
- You want a marriage contract or cohabitation agreement before or during a relationship.
- An existing order or agreement no longer fits because income, work or living arrangements have changed.
What a family lawyer does
- Explains your rights and options under the Divorce Act and your province's family law.
- Negotiates a separation agreement, or represents you in mediation or collaborative law.
- Prepares court documents and appears for you if the matter cannot be settled.
- Helps with financial disclosure, the records both sides must exchange.
- Drafts or reviews marriage contracts, cohabitation agreements and parenting plans.
How the rules differ across Canada
Divorce is governed by the federal Divorce Act, but the division of property and many questions about children and support are decided under provincial law, and Quebec has its own Civil Code rules. The same facts can lead to different results in Ontario, Alberta or Quebec, so hire someone who practises family law in your province.
Questions to ask before you hire a family lawyer
- How much of your practice is family law, and have you handled cases like mine?
- Do you recommend mediation or a negotiated agreement before going to court?
- How do you bill, what retainer do you require, and what is billed separately?
- What should I do, and not do, before we speak again?
Frequently asked questions
Do I need a lawyer to get a divorce in Canada?
You are not required to hire one, and some people complete an uncontested divorce themselves. A lawyer is worth considering when there are children, property, pensions or a business involved, or when you and your spouse disagree, because agreements you sign can be hard to change later.
What is the difference between mediation and going to court?
In mediation a neutral person helps the two of you reach an agreement that you control. In court a judge decides if you cannot agree. Many lawyers try to settle first because it is usually faster and less adversarial, and court remains available if it is needed.
Can a support or parenting order be changed later?
Often yes, when circumstances have changed in a meaningful way, such as a change in income or in a child's needs. A lawyer can tell you whether your situation meets the test that applies in your province or under the Divorce Act.
How do I find a family lawyer near me?
Choose your province or city on this page to see the family law firms LawDB lists there, with their public Google ratings, addresses and phone numbers.