LAW OFFICE OF SARAH MUBOYAYI
Ontario Divorce & Family Lawyer
Whether you’re navigating a separation, growing your family, or planning for the future, these moments can feel overwhelming. We’re here to help you move forward with clarity, dignity, and peace of mind.
Our office is fully remote and provides family law services to clients across Ontario.
Explore The Law Office
Explore Law Office
ABOUT SARAH MUBOYAYI
Founder & Principal Lawyer
Sarah is dedicated to guiding her clients through life’s important transitions. Whether you’re planning for the future with a marriage or cohabitation agreement, or navigating a separation, her goal is to provide clear, practical advice delivered efficiently and with empathy and respect. She combines a deep understanding of the law with a commitment to making every client feel heard and supported, helping you move forward with confidence and peace of mind.
OUR LEGAL SERVICES
Family Law Services Tailored To Your Needs
Domestic & Marriage Contracts
Domestic & Marriage Contracts
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Divorce & Separation
Divorce & Separation
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Discrete Task Representation (Unbundled Services)
Discrete Task Representation
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Stay Informed on Legal Matters
Our blog provides practical advice, updates on the law, and helpful tips to keep you informed. Explore our latest articles to better understand your rights and legal options.
A separation occurs when a couple, whether married or in a common-law relationship, decides to live apart due to the […]
In Ontario, couples can define their rights and obligations in relation to their relationship through a type of domestic contract. […]
A fair prenup is about clarity, disclosure, and balance. Learn how to protect your interests and ensure your marriage contract […]
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WHY CLIENTS CHOOSE US
Client Focused Approach
Compassionate & Solution-Focused
We prioritize clarity, dignity, and reducing conflict.
Tailored Support
From full representation to unbundled services for self-represented family litigants, you get the level of help that fits your needs.
Clear Fees and Communication
From the start, we’re upfront about costs and next steps. We explain your options and possible outcomes in plain language, so you always know where you stand.
OUR PROCESS
Getting Started Is Simple
Book Your Consultation
During the initial call, you can share your legal concerns. We’ll check for any conflicts of interest and advise you on what to prepare for a more in-depth consultation, where you’ll receive legal advice.
Personalized Legal Plan
After your consultation, I’ll provide a clear overview of your options, a recommended strategy, and a fee estimate based on the level of assistance you choose.
Ongoing Support
If you decide to retain my services, I’ll prepare a retainer agreement and begin work on your matter. You’ll receive regular updates and practical guidance, whether you choose full representation or limited assistance.
FREQUENTLY ASKED QUESTIONS
Answers to Common Legal Questions
What’s the difference between separation and divorce?
Separation occurs when two people who have lived together—whether married or in a common-law relationship—begin living apart with no reasonable prospect of reconciling. Separation can be informal (simply living apart) or formalized through a separation agreement, a private contract that sets out each person’s rights and responsibilities regarding property, support, and parenting.
While separation does not legally end a marriage, divorce does. Divorce is the legal dissolution of a marriage by a court order. A court may grant a divorce on the ground of marriage breakdown, which can be established by living separate and apart for at least one year, or by adultery or cruelty. Divorce proceedings can also include court orders related to parenting, child and spousal support, and property division.
How do I qualify for a divorce?
Under Canada’s Divorce Act, the sole ground for divorce is marriage breakdown, which can be shown in one of three ways:
- You and your spouse have lived separate and apart for at least one year.
- Your spouse has committed adultery.
- Your spouse has been guilty of cruelty.
Only the innocent spouse can apply for divorce on the grounds of adultery or cruelty. Living separate and apart for one year is the most common basis for divorce in Ontario.
How do I get a divorce, and how long do I have to wait?
A divorce begins when you file an application for divorce in the Superior Court of Justice. The application may also include claims for parenting arrangements, support, and property division, but these issues can often be resolved by negotiation or through a separation agreement.
Once the application is filed and served (unless it’s a joint application, where both spouses are applying together and no formal service is required), the court reviews whether the grounds for divorce are met and that reasonable arrangements have been made for any children. If satisfied, the court issues a divorce order.
You can start the process as soon as you and your spouse are living separate and apart, but the divorce itself can only be granted after the one-year separation period has passed.
What’s the difference between a prenup, postnup, and cohabitation agreement?
A prenuptial agreement (prenup), postnuptial agreement (postnup), and cohabitation agreement are all types of domestic contracts that outline each person’s rights and obligations in an intimate relationship. They differ mainly in timing and who they apply to:
- A prenup is made before marriage.
- A postnup is made after marriage.
- A cohabitation agreement applies to unmarried couples who live together.
Do I need to go to court to get a divorce?
Not always. The law encourages separating spouses to resolve matters out of court through options like negotiation, mediation, or arbitration.
To obtain a divorce in Ontario, the spouses must apply under the Divorce Act. There are two types of applications:
- Simple (uncontested) divorce: One spouse applies for divorce only, without asking for other orders, such as support or division of property.
- Joint divorce: Both spouses apply together, usually when all issues have been resolved. A joint divorce is primarily administrative and usually does not require a court appearance if everything is in order.
Can spousal support decisions be changed or terminated?
Yes. A court can vary, reduce, or terminate spousal support if there has been a material change in circumstances since the last order. This means a change in either spouse’s condition, income, needs, or other circumstances that, if known at the time, would likely have led to different support terms.
Do common-law partners have the same rights to support, property, or equalization as married spouses?
Yes and no. Common-law partners in Ontario can apply for spousal support if they’ve lived together for at least three years, or have a child together and a relationship of some permanence. Once they meet these requirements, they have the same rights and obligations for support as married spouses.
When it comes to the equalization of net family property, only married spouses are entitled to share in property through the equalization of net family property. Common-law partners do not have this right. Courts have upheld this distinction, noting that property equalization applies only to those who choose to marry.
What if I can’t afford a lawyer?
Many people represent themselves in family court, but navigating the legal process on your own can be challenging. Unbundled legal services (also called discrete task representation) offer a more affordable option. With unbundled services, you pay only for specific legal tasks—such as drafting documents, providing legal advice, or preparing for a hearing—while handling other parts of the case yourself.
Our firm offers tailored packages for self-represented family litigants. If you’re managing your own family law matter but want professional guidance where you need it most, contact us to learn how we can help.
TESTIMONIALS
What Our Clients Say
We pride ourselves on providing compassionate, solution-focused family law guidance. Here’s what some of our clients have experienced working with Sarah Muboyayi.
Life’s transitions are easier with the right guidance
Schedule a consultation today and take the first step toward clarity, confidence, and peace of mind.