In Toronto, domestic violence is not only a threat to physical safety, but is often accompanied by financial abuse, such as controlling family finances, preventing people from working, or even using violence to force them to sign unfair agreements.

When you bravely step out of the shadow of domestic violence and file for divorce, you must know that the abuser’s actions may influence the court’s final judgment in property division! JZW Law Firm will utilize the special rights granted by law to fight for a fair share for you that goes beyond a 50/50 split.

Domestic violence and property division: not just about "equal distribution," but about "fairness."

The fundamental principle of Ontario family law is the “equalization of net family property.” However, in cases involving domestic violence, judges have the power to order an “unequal division” to correct the economic and non-economic losses caused to the victim by the abuser.

Legal Weapon 1: The Right to “Unequal Division” of Property

JZW Law may file a motion with the court to request a unequal division of property in the following circumstances:

  • Claims for damages from economic abuse: If the abusive spouse caused you to be unable to work or forced to give up your career development through control or threats during the marriage, or maliciously squandered or hid joint property before or after separation.
  • Compensation for non-economic contributions: Courts may consider the long-term impact of domestic violence on the victim’s physical and mental health, future employability, etc., and thus provide additional compensation in the division of property.
  • Special treatment of marital home: The court may order that all or most of the marital home be allocated to the victim in order to ensure the long-term safety and stability of the victim and their children.

Legal Weapon Two: Tracing “Economic Abuse” and “Squandering Assets”

Domestic violence is often accompanied by financial control and concealed assets. JZW Law will focus on investigating:

  • Asset transfer and concealment: Did the abuser maliciously transfer or undervalue assets (such as private company shares or overseas investments) before or after the separation in order to reduce the amount of equal payments?
  • Undue debt: Whether the perpetrator incurs unnecessary and excessive debt in the name of the victim or in a joint name, thereby increasing the victim’s financial burden.

JZW Law’s Value: We will work closely with forensic accountants to trace all financial matters, uncover the perpetrator’s financial misconduct, and require the court to rectify it in the division of property.

JZW Law: Your Guardian of Financial Security and Justice

Dealing with property division after domestic violence requires lawyers to have extremely high sensitivity, strong litigation skills, and a deep understanding of complex financial statements.

JZW Law’s professional support

Your rights protection

Advocating unequal division

Use legal grounds to try and get the court to favor you in the property division, thus compensating for the economic losses caused by the abuse.

Mandatory financial disclosure

We firmly demand that the perpetrators fully disclose their financial information.

To prevent assets from being hidden or undervalued, and to ensure the fairness and transparency of net household wealth calculations.

“Exclusive Residence Order”

Apply quickly to protect you and your children before the property division is completed.

Live safely in your family home.

Bilingual in Chinese and English, with empathy and support

Eliminate language barriers and cultural misunderstandings, and provide clear, firm legal advice and emotional support when you need it most.

Protecting the best interests of children

Any decision regarding the division of property will take into full consideration the best interests of the children and ensure that they grow up in a safe environment.

The effort and pain you’ve endured in this marriage should not be obscured by the illusion of an equal division of assets. The law allows us to take into account the abuser’s actions and the financial losses they caused.

Contact JZW Law Firm immediately, and we will strive for a property division result that is not only “average” but also “fair” and “just”.

JZW Law Firm – Using legal means to help you get justice and rebuild an economically independent future!

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.