All About Joint Divorce in Ontario. Step By Step Guide

Divorce can be challenging and emotionally taxing, but sometimes it is the best option for couples who are no longer compatible. In Ontario, there are various methods to obtain a divorce, including contested and uncontested divorces. Another effective method is a joint divorce, a popular choice for couples who wish to end their marriage amicably. This article will discuss what a joint divorce is, how it operates in Ontario, and how All-Canada Notary can assist in simplifying the process.

What is a Joint Divorce?

A joint divorce is a type of divorce where both parties agree on the terms and file an application together. This agreement covers critical issues such as child custody, spousal support, and the division of property. Unlike other divorce types, there is no need to attend court since the couple has already resolved the terms.

Benefits of a Joint Divorce

There are several advantages to opting for a joint divorce in Ontario:

1. Efficiency and Cost-Effectiveness: A joint divorce is generally faster and less expensive than other divorce types. The pre-agreement on terms eliminates the need for a court trial or prolonged negotiations.
2. Reduced Stress and Emotional Impact: Joint divorces tend to be less stressful and emotionally draining. By working together to reach an agreement, couples can move on from the relationship more swiftly.
3. Preservation of Relationships: This method can help maintain a positive relationship between the couple, especially if children are involved. By avoiding a court battle and working collaboratively, couples demonstrate their commitment to co-parenting and prioritizing their children’s well-being.

Are You Eligible for a Joint Divorce?

To be eligible for a joint divorce in Ontario, the following criteria must be met:

1. Mutual Agreement: Both parties must agree to the divorce and all its terms.
2. Separation Period: The couple must have been separated for at least one year before filing for divorce.
3. Residency Requirement: Either spouse must have been a resident of Ontario for at least one year immediately preceding the divorce application.
4. No Outstanding Issues: There must not be any unresolved issues requiring court intervention, such as disputes over child custody or property division.

What is Needed for filing a Joint Divorce in Ontario?

Here’s a general overview of the process:

1. Meet the Eligibility Requirements: Ensure you and your spouse meet the necessary eligibility criteria, including a separation period of at least one year and residency in Ontario for at least one year.
2. Complete the Required Forms: You’ll need to complete several forms:
   • Form 8A: Application (Divorce): Either spouse can fill out this form, but both must sign it. It can be downloaded here.
   • Form 36: Affidavit for Divorce: Each party must have their own notarized Form 36, signed and dated in front of a commissioner of oaths or notary public.
   • Form 25A: Divorce Order: Available online here. This form must be completed electronically by both spouses, covering all matters needing a court order.
   • Marriage Certificate: If you do not have your marriage certificate, you must provide reasons in your Form 36 Affidavit. A certified translation is required if the certificate is not in English or French.
   • Form 35.1: Affidavit in Support of Claim for Custody or Access: Completed and signed by the spouse requesting child custody or access, this affidavit must be notarized.
   • Form 13: Financial Statement (Support Claims): This form, completed by the spouse, must be notarized.
   • Form 13.1: For property division.
   • Any Prior Court Orders: Related to your marriage.
3. File the Forms with the Court: Once completed, file the forms with the court. Applications for a joint divorce in Ontario can now be filed online.
4. Wait for the Divorce to Be Granted: After filing, wait for the court to grant your divorce. This typically takes about 60 to 90 days. The divorce is considered final 31 days after being granted.
5. Obtain a Divorce Certificate: Once your divorce has been granted and 31 days have passed, you can obtain a Divorce Certificate from the court where your Divorce Order was made. The fee for this service is $24.00.

Affidavits for Divorce Form 36 Complete Guide

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How Long Does a Joint Divorce Take?

In most cases, parties filing for a joint divorce will have their divorce granted within 60 to 90 days. However, in some courts, it may take several months. The divorce is considered final 31 days after being granted.

How much is the Fee?

The fee for a joint divorce in Ontario is $632. There may be additional fees for services such as serving the divorce application on the other party or obtaining a certified copy of the divorce order.

Do you need a separation agreement before divorce in Ontario?

No, you are not legally required to have a separation agreement before getting a divorce. However, it is generally recommended that couples who are separating or divorcing create a separation agreement to help settle any issues related to property, support, and custody before filing for divorce. For a joint divorce, it is required that the parties must have been living separately or apart for at least one year prior to the divorce judgment being executed.

Religious Divorce

It is important to note that a religious divorce is not recognized as a legal divorce in Ontario. If you were married in a religious ceremony, you must also obtain a civil divorce through the court system to be legally divorced.

Can the Form 36 Affidavit for Divorce be commissioned remotely?

Yes, the Form 36 (Affidavit for Divorce) can be commissioned and notarized remotely. You can book an appointment for this service here.