Absolutely, open and honest communication is key in any husband-wife dispute.  If you’re feeling a lack of compatibility or suffocation in the relationship, approaching your spouse in a calm and compassionate way can make a big difference. Honest conversations like these, approached with mutual respect, can often lead to meaningful changes, whether that’s through better communication, adjusting expectations, or even deciding if a different path might be healthiest for both of you.  

Constant unhappiness, stress, disrespect, and persistent arguments are signals that something isn’t right in the relationship. While every relationship has its ups and downs, a consistent pattern of negativity can be harmful for both partners’ mental and emotional health. Acknowledging when things aren’t as they should be is a courageous step, and addressing it proactively can pave the way to a healthier, more fulfilling relationship—whether it’s through healing together or finding peace separately.  Discuss with your lawyer all the financial complications, division of assets, support and rights arising out of separation. Discussing these aspects with a lawyer is critical when navigating a separation, as the financial and legal implications can be complex. A lawyer can help clarify rights and obligations, provide guidance on fair asset division, and ensure you’re fully informed about the support structures available to you. Talking through the various aspects of divorce with your lawyer is essential to navigating this often complicated process. 

✅ We speak Punjabi, Hindi, and English
✅ We understand South Asian family values and dynamics
✅ We work to minimize unnecessary court battles and litigation costs

📞 Book a consultation with us to discuss your case and find a clear legal strategy.

Divorces can get complicated quickly. More people—parents, siblings, in-laws—get dragged into legal proceedings. At Chohan & Chatha LLP, we understand how important it is to protect family assets and relationships while managing your legal rights.

✅Married in a foreign country and wanted to get a divorce in Ontario. We can help you.

✅If your spouse is living in another province or another country and you want a divorce in Ontario. We can help you.

✅If your spouse is harassing you, abusing you, and treating you with cruelty both physical and mental. We can help you.

Each client’s situation is unique, and we take the time to fully understand the specific details of your case, recognizing that no two cases are the same. We carefully analyze the law as it applies to your personal circumstances and work with you to craft a strategy tailored to your goals and needs. Our primary focus is always to achieve the best possible outcome, and whenever possible, we explore all reasonable options for a negotiated settlement. This approach often leads to quicker, more amicable solutions that help reduce the stress and emotional toll on you and your family.

However, we know that not all cases can be resolved through negotiation. In those instances, you can trust that we will stand by your side with the experience and expertise necessary to advocate for you in contested litigation. Our team has a proven track record of effectively representing clients in court, and we approach each case with the preparation, tenacity, and dedication needed to fight for your rights and interests.

At Chohan & Chatha LLP, we believe that the legal process should not add to the burden you’re already carrying. That’s why we are here to make it as smooth and stress-free as possible, giving you the confidence and clarity to move forward. Whether through settlement or litigation, we are committed to delivering results that not only meet your expectations but exceed them. Your well-being is our priority, and we will work tirelessly to ensure that your voice is heard and your concerns are addressed.

Divorce and Separation

If you separate or divorce, you will need to make many important decisions such as where you will live and how you will manage your finances. If you have children, their needs must be your priority. As a first step, learn about your rights and responsibilities. Some family laws are federal while others are provincial or territorial. It is important to understand which family laws apply to your situation.

If you are concerned about your safety during this emotional time, the Family Violence section of this website has information that might help you protect yourself and your children.

This website provides general information. Family law is complex. You are encouraged to contact a lawyer for help with family law issues.

The Divorce Act changes as of March 1, 2021. There are no changes to the grounds for divorce or how to apply for divorce. The biggest difference is the change in terminology. The Act now uses “parenting arrangements” (formerly known as “custody and access”) to describe where the children will live and how decisions about them will be made.

About Divorce and Separation

A "separation" is when a couple decides to live apart from each other because the relationship has broken down. The couple may be married, or they may be unmarried but living together like a married couple in a common-law relationship.

A "divorce" is when a court officially ends a marriage. Only legally married couples can divorce.

Under Canada's Constitution, the federal, provincial and territorial governments share responsibility for family law.

Federal Law

The main federal family law is the Divorce Act. The Act only applies to married couples who have divorced or who have applied for a divorce.

The Divorce Act sets out rules about:

• the grounds for a divorce

• child support when parents divorce

• spousal support following a divorce

• custody and parenting arrangements for children after a divorce

The Divorce Act is a federal law, which means that it applies across Canada. But the processes for getting a divorce fall under provincial or territorial law.

Provincial and Territorial Laws

Provincial and territorial laws also have rules about child support, spousal support, and custody and parenting arrangements for children. These laws apply when an unmarried couple separates and when a married couple separates but does not apply for a divorce.

The laws of a province or territory may be similar to the Divorce Act and to laws in other parts of Canada. However, there could also be important differences that could affect your rights and responsibilities.

Some matters always fall under provincial or territorial law in both separation and divorce cases. For example, the provinces and territories are responsible for:

• the administration of justice, including processing divorce applications and making decisions about child support, spousal support and child custody

• rules about dividing shared property

• family justice services such as mediation and parenting education.

The website of your provincial or territorial Ministry of Justice or Attorney General has more information about the laws and processes that apply in your province or territory.

Having a foreign divorce recognized in Canada

Canada generally recognizes a divorce from another country if:

• the divorce was valid under the laws of that country; and

• one or both spouses lived in that country for a full year immediately before applying for the divorce.

There may also be other factors that could affect whether or not your divorce would be recognized in Canada. If you are not sure whether your divorce would be recognized in Canada, you should speak to a lawyer.

Divorcing a spouse you sponsored to come to Canada

If you have sponsored someone to come to Canada as your spouse, the sponsorship undertaking that you signed remains in effect for three years after the person becomes a permanent resident, even if you separate or divorce during that period. You are responsible for the basic needs of your sponsored spouse throughout the duration of the sponsorship undertaking.

Annulment or Declaration of Nullity

In Ontario, if one spouse was already legally married to another person at the time of the second marriage, then the second marriage is void ab initio (i.e., never legally valid in the first place due to the existing subsisting marriage). In this case, you do not need a divorce — you need a court declaration that the marriage is invalid, commonly referred to as an annulment or declaration of nullity.

✅ TYPE OF APPLICATION:

You must file a Form 14A Application (General) under Rule 14 of the Family Law Rules, seeking:

Declaratory relief that the marriage is void due to lack of capacity (i.e., one party was already married at the time of this marriage, contravening s. 6 of the Marriage Act, RSO 1990, c M.3).

📝 GROUNDS FOR ANNULMENT:

Under Ontario law, the relevant grounds include:

1. Bigamy – where one spouse was already married and the earlier marriage had not been legally dissolved (Marriage Act, s. 6).

2. The marriage is void at common law — it never existed legally.

3. No need to show a breakdown of the relationship (unlike divorce).
   
   

📄 DOCUMENTS TO FILE:

1. Form 14A: Application (General)
   
   

2. Affidavit (Form 14A Affidavit) – outline facts:
   
   

   • Date and place of marriage.

   • Proof that the other spouse was still legally married at the time.

   • Whether the applicant cohabited after discovering the bigamy (this could affect equitable relief).
     
     

3. Marriage Certificate (if available).

4. Proof of the previous subsisting marriage of the respondent.

5. Draft Order – seeking declaration that the marriage is void.

If the client knew about the previous marriage and still went through with the second marriage (or continued to live with the spouse after finding out), the legal status in Ontario is still that the second marriage is void ab initio — because capacity to marry is an objective legal requirement, not something a spouse can “consent” to waive.

In other words:

• A bigamous marriage is always invalid, regardless of whether the other party knew or didn’t know about it.

• No amount of cohabitation after learning the truth can “cure” the lack of capacity — because the capacity must exist at the time of the ceremony.

📜 Legal Reasoning

1. Marriage Act, s. 6:
   “No person shall marry another person if they are already married…”
   This is a statutory prohibition — consent of the second spouse is irrelevant.

2. Common Law:
   Bigamous marriages are treated as nullities from inception. This is different from voidable marriages (e.g., non-consummation), which require timely annulment before ratification.

⚖️ Practical Consequences:

• Yes, the client can later seek annulment (declaration of nullity) at any time — there’s no limitation period for void marriages.

• However, property and support rights may still arise under:
  
  

  • Family Law Act, Part III (spousal support based on cohabitation).
    
    

  • Unjust enrichment / constructive trust claims.
    
    

  • Partnership-style remedies if the relationship was long-term.
    
    

So, while the marriage itself is a legal nullity, Ontario courts can still grant economic remedies to a spouse in a void marriage if they lived together in a marriage-like relationship.

💡 Example:

If a client cohabited for 10 years with a bigamous spouse, they could still:

• Get a spousal support order under s. 29 of the Family Law Act (based on being “spouses” through cohabitation).

• Make an equalization-type claim through trust principles.

• But they would not need a divorce — they’d get a declaration of nullity.

Family Law List of Cases Ontario

https://www.ontariocourts.ca/scj/practice/practice-directions/list/