Frequently Asked Questions
Honest answers to the questions clients ask most.
Family law can feel overwhelming, especially at the beginning. These are the questions Megan hears most often — answered clearly, without jargon.
If your question isn't here, the best next step is a free 20-minute consultation.
About Strachan Family Law
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No. Strachan Family Law focuses exclusively on negotiated and mediated resolutions. Megan does not offer litigation or court representation. If your matter is already before the courts or requires a litigator, Megan will connect you with a trusted lawyer in her network who is the right fit.
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Never. Strachan Family Law is a fully virtual, paperless practice. All meetings happen by phone or video call, documents are exchanged electronically, and you sign everything digitally. You can work with Megan from anywhere in Ontario.
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Megan is licensed to practice family law throughout Ontario. While she is based in London, her virtual practice means she regularly works with clients in Woodstock, Ingersoll, Toronto, and across the province.
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Megan holds both designations. As a lawyer, she provides legal advice and handles the legal dimensions of your family law matter. As a Registered Psychotherapist, she brings a deep understanding of emotional dynamics, conflict, and communication, which shapes how she approaches every client interaction.
This combination is rare. It means you get someone who can give you sharp legal advice and who is genuinely equipped to support you through one of the more emotionally charged experiences of your life. It is not therapy , it is simply a more human way to practice law.
Fees & Process
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Megan's fees depend on the complexity of your matter and the time involved. She prefers to discuss fees and retainers directly during your consultation so she can give you an honest, accurate picture based on your specific situation rather than a generic range that may not apply. Your initial consultation is free.
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Megan will meet with you for a free 20-minute call or video call. She'll listen to your situation, answer your questions, explain your options, and give you an honest assessment of next steps. If Strachan Family Law is a good fit, she'll outline what the process looks like and what to expect from there.
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It depends almost entirely on how quickly both parties can reach agreement. Some files are resolved in a few weeks. Others take several months. Megan works proactively to keep things moving, she won't let your file sit, but the timeline is ultimately shaped by how the negotiation unfolds between both parties.
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Technically, no — but it is strongly advisable. A separation agreement is a legally binding contract that affects your finances, property, and parenting arrangements, often for years. Having a lawyer who understands Ontario family law review and prepare the agreement protects you now and reduces the risk of problems down the road.
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A retainer is an upfront payment you make to retain a lawyer's services. It functions similarly to a deposit — the lawyer draws their fees from the retainer as work is completed. Megan discusses retainer amounts during the consultation based on the nature of the file.
Separation & Divorce
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Separation is when you and your partner decide to live separate and apart, you do not need to file any paperwork or get court approval to be legally separated in Ontario. Divorce is the legal dissolution of a marriage, which does require a court order. Many family law matters, property, parenting, support, can be fully resolved through a separation agreement without ever getting divorced.
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In most cases, yes. The most common ground for divorce in Canada is living separate and apart for at least one year. However, you do not need to wait a year before starting to negotiate your separation agreement — that process can begin right away.
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Yes. In Ontario, you can be legally separated while still living under the same roof, provided you are living separate and apart in terms of your relationship. This is more common than people think, particularly when finances make it difficult to maintain two households during the separation process.
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An uncontested divorce is one where both parties agree on all issues — property, parenting, support — and simply need the court to grant the formal divorce order. It is typically much faster and less expensive than a contested divorce. Megan can assist with uncontested divorces where all substantive issues have already been resolved.
Property & Finances
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Ontario uses a system called equalization of net family property. Generally speaking, each spouse keeps their own property but shares in the growth of wealth that occurred during the marriage. The spouse whose net family property grew more during the marriage pays the other spouse an equalization payment. There are important exceptions and nuances — the family home being one of the most significant, which is why legal advice specific to your situation matters.
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The matrimonial home has special status under Ontario law. Both spouses have equal rights to possession of the matrimonial home regardless of whose name is on title. What happens to the home, whether it is sold, bought out by one spouse, or another arrangement is reached, is often one of the most significant negotiated issues in a separation. Megan can help you understand your rights and work toward a fair outcome.
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Yes. Full financial disclosure is a legal requirement in Ontario family law matters. Both parties must provide complete and honest disclosure of their assets, debts, and income. Agreements reached without proper financial disclosure can be set aside by a court later. Megan takes this seriously and ensures the process is done properly.
Parenting & Children
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Decision-making responsibility, formerly called custody, refers to the right to make major decisions about a child's life, including education, health care, religion, and extracurricular activities. It can be held solely by one parent or shared between both.
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Parenting time, formerly called access or visitation, refers to the time each parent spends with the children. Parenting arrangements are as varied as families themselves. Megan focuses on helping parents reach practical, child-focused arrangements that work for everyone.
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Child support in Ontario is calculated using the Federal Child Support Guidelines, which are based primarily on the paying parent's income and the number of children. The calculation is largely formula-based, though there are situations, shared parenting time, special expenses, undue hardship, that introduce more complexity. Megan can walk you through what applies in your situation.
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Yes. Parenting arrangements can be changed if there has been a material change in circumstances since the original agreement was made, for example, a parent relocating, a significant change in a child's needs, or a major shift in either parent's work schedule. Changes are ideally made by agreement between the parents, with or without legal assistance.
Spousal Support
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No. Spousal support is not automatic. Entitlement depends on the length of the relationship, the roles each spouse played during the relationship, the financial circumstances of both parties, and other factors. Not every separation involves spousal support, and where it does apply, the amount and duration can vary significantly.
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It depends on the specifics of the relationship. The Spousal Support Advisory Guidelines provide a range for amount and duration based on the length of the marriage and other factors, but these are guidelines rather than rules. Megan provides an honest assessment of what is reasonable in your particular situation.
Mediation
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Mediation is a process where a trained, neutral third party, the mediator, helps both parties communicate and work toward a mutually acceptable agreement. The mediator does not make decisions for you. The goal is to help both parties reach their own resolution, with professional guidance.
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No. Mediation works best when both parties are willing to engage in good faith and are motivated to reach a resolution. It is generally not appropriate in situations involving significant power imbalances, family violence, or where one party is unwilling to participate honestly.
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Megan brings both legal training and psychotherapy training to the mediation table, a rare combination. Her legal knowledge means she understands the framework within which any agreement needs to fit. Her psychotherapy background means she can hold space for difficult emotions, de-escalate tension, and help both parties stay focused on what actually matters. The result is a process that is both legally sound and genuinely human.
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Typically, significantly so. Court proceedings involve filing fees, legal fees for each party, and significant time. Mediation can resolve many issues in a fraction of the time and cost, particularly when both parties come to the table in good faith.
Foreign Divorce
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Possibly, but you will likely need documentation confirming that your foreign divorce is recognized under Canadian law before a marriage license will be issued. This is where a Foreign Divorce Opinion Letter comes in.
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It is a formal legal opinion prepared by a Canadian lawyer confirming that a divorce granted in another country is valid and recognized under Canadian law. Marriage license offices and other authorities often require this letter before permitting remarriage. Megan prepares these letters and is happy to help if you're in this situation.
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It depends on the country involved and the documentation available, but Megan works efficiently and will give you a realistic timeline once she has reviewed your situation.
Independent Legal Advice
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ILA is a service where a lawyer, independent of both parties and any negotiation, reviews a legal agreement with you before you sign it. The lawyer explains what the agreement means, ensures you understand your rights, and confirms that you are signing voluntarily and with full knowledge of the consequences.
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ILA is often required before a separation agreement, cohabitation agreement, or marriage contract is legally binding in Ontario. It is also simply good practice any time you are about to sign a legal document that affects your finances or family arrangements.
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No. Megan provides ILA as a standalone service. If you have an agreement in hand, whether it was mediated, negotiated between lawyers, or drafted some other way, Megan can review it with you independently, regardless of who prepared it.
Have a question that isn't answered here?
A note on terminology — what changed in 2021
In March 2021, amendments to the federal Divorce Act replaced the terms "custody" and "access" with decision-making responsibility and parenting time. This shift reflects a deliberate move away from the language of parental ownership and toward a framework focused on children's needs and interests.
Ontario's Children's Law Reform Act has also adopted this language. You may still hear the older terms used colloquially, by friends, by the internet, sometimes even by other professionals, but the legal framework in Ontario is now built around the newer terminology.