When a marriage is betrayed, the emotional pain is immense. In Toronto, in addition to dealing with the ensuing emotional turmoil, you need a professional legal partner to ensure your legal rights are protected in the strongest possible way on key issues such as property division and child custody arrangements in a divorce.
Under Canada’s “no-fault” divorce system, can the cheating party escape financial penalties? The answer is no! Although Ontario law prioritizes “no-fault divorce,” this does not mean that infidelity will have no impact on the outcome of your divorce.

"Infidelity" under Ontario Family Law and Your Rights

In Canada’s Divorce Act, “adultery” is one of the three legal grounds for establishing the breakdown of a marriage.

1. The right to initiate divorce proceedings quickly

In a typical “one-year separation” no-fault divorce process, you would need to wait one year. However, if you can prove that your spouse committed adultery and you do not forgive them, you can:

  • There’s no need to wait the one-year separation period; divorce proceedings can be initiated immediately. This is crucial for the party who wants to end the marriage as soon as possible and start a new life.

2. Protect property and pursue “economic misconduct”.

This is one of the most important legal protections for the non-cheating party. Although infidelity itself does not affect the principle of equal division of property, lawyers can use professional legal tools to address this:

  • Dissipation of Assets: If your spouse uses joint property (such as large sums of cash, credit cards, or investments) to buy gifts for their extramarital affair, pay for travel expenses, or rent housing, JZW Law attorneys can argue that this constitutes “economic misconduct.”
  • Our strategy: The court may rule that the wasted assets should be included in the adulterous party’s “net family assets,” thereby allowing the innocent party to receive more compensation or a larger share of the property in the final division of assets.

3. The principle of best interests of children: The impact of infidelity

In child custody and access arrangements, the courts always prioritize the “best interests of the child”.

  • Direct impact: Although infidelity itself does not directly affect custody, if the affair has a direct negative impact on the well-being or safety of the children (e.g., exposing the children to an unstable environment or affecting the parents’ parenting abilities), a professional lawyer will use these facts to fight for a custody solution that is more in the best interests of the children.

Why do you need JZW Law Firm in Toronto?

When faced with betrayal, you need not only emotional support but also precise legal strategies. The family law team at JZW Law specializes in leveraging the complex provisions of Ontario family law to secure the maximum rights for the wronged party.
JZW Law’s Professional Strategies
How can your rights be protected?
expedited divorce procedure
Using “infidelity” as a legal ground can exempt you from the one-year waiting period, quickly end your marriage, and reduce emotional trauma.
Professional evidence collection and tracking
Our lawyers are well-versed in how to collect and utilize evidence of infidelity within the legal framework, with a particular focus on tracing the dissipation of shared assets due to the affair.
High net worth asset protection
If the case involves complex corporate, trust, or overseas assets, we will apply the economic misconduct clause to ensure that the offending party cannot harm your interests by concealing or wasting assets.
Bilingual communication in Chinese and English
We provide professional Chinese legal services, enabling you to clearly understand and participate in every legal decision in your native language, even during your most vulnerable moments.

Don't let betrayal become a reason for your financial loss!

In the field of divorce law, emotional “faults” need to be transformed into legal “economic compensation” by professional lawyers.
If you are facing a divorce due to infidelity, please contact JZW Law Firm immediately. Our team of lawyers will provide you with unwavering legal support, using their professional knowledge and empathy to shift your focus from emotional distress to the effective protection of your future and rights.
Protect your assets, safeguard your future—start with a consultation!
JZW Law Firm – Your beacon of protection in the storms of marriage in Toronto.

JZW Law Firm boasts a team of experienced lawyers fluent in both Chinese and English, providing professional legal services. We specialize in handling complex issues related to property division, corporate equity, trusts, and overseas assets. We offer initial consultations; please contact us for more information or to schedule a consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you require legal assistance, please consult a professional lawyer.