What is a Limitation Period in Ontario
Are you going through a divorce and want to know about specific timelines you need to meet? Keep reading to learn more about limitation periods in the divorce process!
A limitation period is the amount of time that a party has to make a claim under federal or provincial law. For example, if a limitation period is three years, then a party has three years to make a claim. If the party does not make a claim within the prescribed three-year period, they will be unable to bring a claim altogether. In the context of divorce, there are various of this cases that spouses should be aware of.
Under section 7(2) of the Family Law Act (“FLA”)
A spouse wishing to bring an application for an equalization payment must do so before the earliest of the following dates:
- Two years after the day the marriage is terminated by divorce or judgement of nullity;
- Six years after the date of separation; or
- Six months after the first spouse’s death.
If the parties fail to make a claim within the appropriate time frame listed above, they will be unable to bring an application to equalize net family property. However, section 2(8) of the FLA allows the court to extend the limitation period for applications for equalization payments where:
- There are apparent grounds for relief;
- The delay has been incurred in good faith; and
- No person will suffer substantial prejudice because of the delay.
Couples usually have to file for divorce before the time runs out. In regards to divorce, there is a two-year limitation period for parties to set aside their contract.
It is important to note that there is no limitation period to bring a claim for either spousal or child support as long as the person is legally entitled to such support under the applicable legislation; however, applicants are unlikely to successfully claim retroactive child support once they no longer fit under the legal definition child.
Limitation periods are how long you have to bring a legal action, and it can be complex. If you want more information about the limitation period in your case, contact our lawyer for help. You can reach our office at 905-366-0202 or contact us through our website here.