Frequently asked questions

Separation in Canada happens automatically, and no document or filing is required. You are separated the moment you begin living "separate and apart" with the intention of ending the relationship. You must be separated for one year before a court will grant a divorce, but you can file the application before that year is complete.

A separation agreement is a contract addressing how parenting, support, and property will be handled. A divorce is a court order that legally ends your marriage. They are different things: you can have one without the other. Most people have both:  a separation agreement that resolves all the practical issues, and a subsequent divorce order that formally terminates the marriage.

An uncontested divorce typically takes 14–19 months from separation date to final order if the parties are able to resolve any issues in the first year of separation. This includes one-year separation period and 2–6 months of court processing). A contested divorce application where parties disagree and court proceedings are required, takes one to three or more years from the date of filing.

Once both parties have reached full agreement on all issues including parenting, child support, spousal support, and property, before the court application is filed, an uncontested divorce filing can cost $2,500-$3,500 per person in legal fees, plus provincial court filing fees of $310-669.  Achieving a resolution on all outstanding issues before a divorce filing is the fastest, least expensive, and least damaging path through divorce. Divorce filing can also be completed without the support of third-parties for $500–$1,500 + court fees ($310 - $669).

Property division is governed by provincial law and varies by province. The general principle is equal or fair division of matrimonial property acquired during the marriage. Property owned before the marriage, inheritances, and gifts from third parties are often protected. The specifics depend on your province. You have two years from the date your divorce is final to make a property claim.

Not always, but legal advice is strongly recommended whenever children are involved, significant assets are at stake, there is an income difference, or any power imbalance exists. For genuinely simple situations  self-representation is possible, but having a lawyer review the agreement before signing is still advisable.

An uncontested divorce filing is one where both parties have reached full agreement on all issues before the court application is filed, including parenting, child support, spousal support, and property division. In many cases, a separation agreement has been executed with independent legal advice. Uncontested divorce filing usually involves no hearings, is resolved through a desk review by a judge, costs significantly less than a contested divorce, and is completed in months rather than years.

No. After one year of separation, you can file for divorce without your spouse's agreement. If they disagree on the financial or parenting terms, a court will resolve those disputes, but they cannot prevent the divorce itself from being granted.

The documents vary by province, but typically include: original or certified marriage certificate, the divorce application form (Form 8A in Ontario), an Affidavit for Divorce, your signed separation agreement, and an Affidavit of Service if you're filing alone and serving your spouse. Forms are available at your provincial courthouse and on provincial government websites.