- Agreement to mediate
- The contract with the mediator setting confidentiality, fees, who may attend, what will be reported and how the process ends. Signed after intake, before joint sessions.
- Certificate of independent legal advice
- A short document signed by your lawyer and attached to the agreement, recording that the nature and consequences were explained and you signed voluntarily. Mandatory for family arbitration agreements.
- Closed mediation
- Mediation where discussions and documents stay confidential and the mediator reports only whether you agreed. The default in Ontario unless both spouses choose open mediation.
- Collaborative family law
- Negotiation in which each spouse has a specially trained lawyer and everyone signs an agreement not to go to court; the lawyers withdraw if anyone does. Read the answer ›
- Decision-making responsibility
- The Divorce Act's term for responsibility for major decisions about a child: health, education, culture, religion and significant extracurricular activities. Can be joint or sole. Read the answer ›
- Domestic contract
- The Family Law Act's umbrella term for marriage contracts, cohabitation agreements, separation agreements and similar family agreements, all governed by Part IV of the Act. Read the answer ›
- Equalization payment
- The payment that equalizes married spouses' growth in net worth during the marriage under Part I of the Family Law Act. Not a division of assets; a payment from the spouse with the higher net family property. Read the answer ›
- Family dispute resolution process
- The Divorce Act's term for resolving family issues outside court, including negotiation, mediation and collaborative law. Parties must try one where appropriate; lawyers must encourage it.
- Family violence
- Under the Divorce Act, violent or threatening conduct, a pattern of coercive and controlling behaviour, or conduct that causes fear, including financial abuse and a child's exposure to it. Central to screening. Read the answer ›
- Financial disclosure
- Giving your spouse complete, documented information about your income, assets and debts. The foundation of any agreement and the first ground for setting one aside if it was missing. Read the answer ›
- Financial statement
- The sworn court form listing income, expenses, assets and debts: Form 13 for support-only claims, Form 13.1 where property is involved. Mediators usually ask for the same.
- Independent legal advice
- Advice on an agreement from a lawyer who acts only for you, not for your spouse or as mediator. The accepted way to show you understood what you signed.
- Matrimonial home
- A home ordinarily occupied by married spouses as their family residence at separation. Both spouses have equal possession rights and its value is not deducted even if owned before marriage. Read the answer ›
- Mediation-arbitration
- A process where the same neutral mediates and, if that fails, arbitrates the remaining issues. Regulated under the Arbitration Act; requires independent legal advice and screening.
- Memorandum of understanding
- The mediator's written summary of what was agreed. Usually marked not binding; it becomes enforceable only when turned into a signed, witnessed separation agreement.
- Net family property
- A married spouse's assets less debts on the valuation date, minus the same on the marriage date, with certain gifts, inheritances and other property excluded. Read the answer ›
- Open mediation
- Mediation where the mediator may report to the court on what happened, including the parties' conduct. Both spouses must agree to it at the start.
- Parenting plan
- The written schedule and rules for parenting time, decision-making and communication. A court must include a plan the parties submit unless it is not in the child's best interests. Read the answer ›
- Parenting time
- The time a child spends in each parent's care under a parenting plan or order, including responsibility for day-to-day decisions during that time.
- Screening
- Separate intake interviews in which the mediator checks each spouse for family violence and power imbalance before deciding whether and how to mediate. Continues throughout the process.
- Separation agreement
- A domestic contract under section 54 of the Family Law Act settling parenting, support and property between spouses who are living separately. Must be written, signed and witnessed. Read the answer ›
- Setting aside
- A court cancelling a domestic contract or a term of it. Section 56(4) of the Family Law Act allows this for non-disclosure of significant assets or debts, lack of understanding, or ordinary contract law grounds. Read the answer ›
- Shuttle mediation
- A format where the mediator moves between spouses in separate rooms or calls, so they never speak directly. Used where screening shows fear, tension or unequal footing.
- Valuation date
- The date property is valued for equalization, usually the day spouses separate with no reasonable prospect of getting back together. Read the answer ›
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