How soon should I commence legal proceedings related to my separation/divorce?

You should meet with a lawyer and take steps to resolve the outstanding  issues relating to the breakdown of your common-law or marital relationship as soon as you are ready to do so, bearing in mind certain limitation periods that affect the claims you can make with respect to the division of property.

Under the Family Law Act, Ontario legislation, you have until the first of the following to commence a court action for the division of property:

1. Two years after your marriage is terminated by a divorce judgment or judgment of nullity;
2. Six years from the date of separation with no prospect of reconciliation; or
3. Six months after your spouse’s death.

A recent court decision also clarified the following:

1. In terms of unjust enrichment, if a constructive trust remedy or equitable claim is claimed with respect to real property, then a 10-year limitation period under the Real Property Limitations Act will apply.

It is imperative that you retain a legal representative as soon as possible to ensure your matter is dealt with appropriately and in a timely fashion, and most importantly, before the expiration of the above limitation periods.

Additionally, I strongly recommend that you also take steps to prepare a new Will & Power of Attorney, as well as change the beneficiary designation on any life insurance policy(ies) or RRSPs that you own as soon as possible.