In Ontario, “bifurcation” allows a family court judge to split a complex lawsuit into two separate trials. This legal strategy is often used to grant an immediate, uncontested Divorce Order so a spouse can remarry, while deferring complicated, time-consuming issues like business valuations or property equalization for a future trial date.
Family court litigation is notoriously slow. When high-net-worth couples separate in Ontario, resolving the exact value of corporate shares, uncovering hidden assets, or finalizing complicated parenting plans can take years. However, sometimes one spouse urgently needs a specific issue resolved immediately-most commonly, they wish to obtain their formal Certificate of Divorce so they can legally remarry. 💒
You do not always have to wait for every single financial disagreement to be settled before moving forward with your life. Under the Family Law Rules, you can ask the court for “bifurcation” (also known as severing the divorce). This strategic maneuver in Family Law & Divorce in Ontario essentially cuts the lawsuit in half. 📝 While adjudicators generally prefer dealing with a family breakdown all at once, understanding how to successfully argue for bifurcation can save you from years of personal limbo.
Step-by-Step Process for Severing a Trial in Ontario
Bifurcating a trial requires formal court approval. Whether your case is at the Superior Court of Justice in Windsor, Markham, or Toronto, the court will closely scrutinize the request to ensure it does not unfairly prejudice the other spouse. Here are the steps your family lawyer will follow to split the issues. 📋
Step 1: Identifying the Need for Severance
The first step is establishing a valid legal reason to split the trial. The most common reason is that the one-year mandatory separation period for divorce has elapsed, but financial disclosure is stalled because of complex corporate valuations. 👀 Your lawyer will assess whether severing the divorce decree from the property issues is actually in your best strategic interest, as doing so can trigger strict limitation periods for claiming equalization.
Step 2: Seeking Consent from the Ex-Spouse
Bifurcation is significantly easier, cheaper, and faster if both parties agree to it. Your lawyer will contact your ex-partner’s counsel and propose severing the divorce. 💬 Often, both parties want to be legally single again and will consent to splitting the trial, allowing the divorce to be processed purely as a desk order (without a formal hearing).
Step 3: Filing a Motion to Sever (If Contested)
If your ex-spouse refuses to consent-often using the divorce decree as leverage to force a better financial settlement-you must file a contested Notice of Motion. Under Rule 12 of the Family Law Rules, you must formally ask the judge for an order severing the claim for divorce from the corollary relief (spousal support, property, etc.). 📄
Step 4: Arguing the Motion in Court
During the motion hearing, the burden is on the opposing spouse to prove why severing the divorce would severely disadvantage them. Canadian judges are increasingly intolerant of spouses who hold a divorce hostage for financial gain. 🗣 Unless the opposing spouse can prove that severing the divorce will cause them to lose their health insurance coverage or prejudice their rights, the judge will usually grant the bifurcation and issue the divorce order.
How Much Does Bifurcation Cost in Ontario?
The cost of bifurcating a trial depends entirely on whether your ex-partner agrees to the split or fights it in court. While splitting a trial might seem like it doubles the work, securing the divorce early can sometimes lower the emotional temperature, leading to an out-of-court settlement for the remaining financial issues. Here are the estimated costs in CAD: 💸
- Uncontested Severance: If both parties agree, drafting the consent motion and filing for the divorce decree costs roughly $1,000 to $2,500 CAD in legal fees.
- Contested Motion to Sever: If you must fight for bifurcation in court, drafting affidavits and arguing the motion can range from $3,500 to $7,000 CAD.
- Court Filing Fees: Standard motion filing fees apply, usually around $181 CAD.
- Future Financial Trial: Litigating the remaining complex financial issues in a full trial later can still cost $20,000 to $50,000+ CAD.
| Legal Action | Ex-Spouse’s Stance | Estimated Legal Cost (CAD) |
|---|---|---|
| Consent Desk Order | Agrees to Bifurcate | $1,000 – $2,500 |
| Contested Motion Hearing | Opposes Bifurcation | $3,500 – $7,000 |
| Second Phase Trial (Finances) | Fights over Assets | $20,000 – $50,000+ |
How Long Does the Process Take?
If you proceed on consent, an Ontario judge can usually review the desk order and grant the severed divorce within 4 to 8 weeks, depending on the local courthouse backlog. If the motion is contested, you will need to schedule a hearing date, which typically takes 2 to 4 months. 📅 Keep in mind that once the divorce order is signed by the judge, it legally takes effect 31 days later, at which point you can apply for your official Certificate of Divorce and legally remarry.
Frequently Asked Questions (FAQ)
Are there risks to bifurcating the divorce from the financial issues?
Yes, significant risks. Under the Ontario Family Law Act, you have exactly two years from the date of your legal divorce to make a claim for the equalization of net family property. If you sever the divorce and forget to finalize the financial claims within that window, you may lose your right to sue for property division forever.
Can I bifurcate a trial to deal with child support early?
Courts prefer to address child-related issues holistically. However, judges can and frequently do issue “temporary” or “interim” child support orders early in the process. This provides immediate financial relief without officially having to bifurcate and conduct a mini-trial.
Can my ex stop the bifurcation if they will lose their health benefits?
This is one of the few strong defences against bifurcation. If your ex-spouse is heavily reliant on your employer-provided health insurance, and finalizing the divorce will automatically kick them off the plan, the judge may refuse to sever the divorce until alternative support arrangements are finalized.
Does bifurcation mean I have to pay my lawyer twice for trial prep?
If the first severed trial is strictly for a paper divorce, the costs are minimal. However, if you are splitting the trial to fight over parenting time now and business assets later, you essentially have two separate trials, which will significantly increase overall legal preparation costs.
Leave a Reply