Filing for an uncontested divorce in Canada, step by step

A separation agreement settles the money and the parenting. It does not end the marriage. For that you need a divorce order from a court, and if you both agree, the process is administrative rather than adversarial. Most people can do it themselves or with modest help. If you have already done the hard part of agreeing, this last step is mostly forms and patience, and it is fine to feel a mix of relief and sadness when you get there.

The ground: one year apart

The Divorce Act is federal and applies across Canada. It provides one ground, breakdown of the marriage, proven in one of three ways: living separate and apart for at least one year, adultery, or cruelty. Almost everyone uses the one-year separation. You can start the application before the year is up, but the divorce cannot be granted until the year has passed. Separation under one roof counts; read how separation under one roof works. Living together again for up to 90 days in total, mainly to try to reconcile, does not reset the clock.

You never have to divorce. Some separated couples stay legally married for years. You need the divorce if you want to remarry, and it brings certain deadlines into play (in Ontario, for example, a property claim must be started within two years of the divorce if it hasn't been dealt with already). Settle property and support before you divorce, not after.

What does "uncontested" mean?

An uncontested divorce is one where the other spouse does not file an answer opposing it. Either you file jointly (both of you sign the application) or one of you files and the other, once served, does nothing. Uncontested does not require a separation agreement, but if there are children, the court must be satisfied that reasonable arrangements for their support are in place, and it will put the divorce on hold until they are. A signed agreement with child support set under the Federal Child Support Guidelines, or a clear explanation of any difference, is the cleanest way to show that. FairWell's Complete Package organises your child support figures and estimates, with links to the official guidelines, for the lawyer who prepares your agreement.

Joint or one-sided?

If you are on reasonable terms, a joint application is usually simpler: no service, no answer period, and fewer ways for the paperwork to go wrong. A one-sided (sometimes called "simple" or "sole") application suits couples who agree but don't want to coordinate signatures, or where one spouse is unresponsive.

Where do you file for divorce in Canada?

You file in the superior court of the province or territory where either spouse has been ordinarily resident for at least one year immediately before filing. In Ontario that is the Superior Court of Justice (or its Family Court branch where one exists); in BC the Supreme Court; in Alberta the Court of King's Bench; in Quebec the Superior Court. Each province has its own forms and rules, so use the ones for your province, not a generic kit. Your province page links to the official court resources.

What are the steps to file an uncontested divorce?

An uncontested divorce in Canada follows the same shape in every province: gather your documents, complete the application, file it and pay the fee, serve your spouse unless you filed jointly, wait out the response period, submit the affidavit and draft order, then receive the order and certificate. Forms, fees and court names differ by province.

1. Gather documents

• Original or certified copy of the marriage certificate, or the registration of marriage (foreign certificates may need a certified translation)
• Your separation agreement, if you have one
• Details of the children: full names, birth dates, current living arrangements, support in place
• Both spouses' current addresses and, in some provinces, income information if children are involved
• Your separation date, written the same way on every form

2. Complete the application

In Ontario, a divorce with no other claims uses Form 8A; a joint divorce uses the same form completed by both. Other provinces use their own equivalents: a Notice of Family Claim in BC, a Statement of Claim for Divorce in Alberta. Several provinces, including Ontario, allow online filing. Answer every question, including the statements about reconciliation and collusion: you must confirm there is no reasonable prospect of reconciliation and that you have not colluded (for example, invented the separation date) to obtain the divorce.

3. File and pay

Court fees are set provincially and change from time to time. As a rough guide, the total fees in Ontario have been in the range of several hundred dollars, paid in two parts (on filing and before the order is granted); BC and Alberta charge in the low hundreds. Fee waivers are available for people with low income in most provinces. Check your court's current fee schedule before filing, and see what divorce costs by province for the bigger picture.

4. Serve your spouse (unless joint)

If one spouse files, the application must be served on the other, and you cannot serve it yourself. Anyone else over 18 can, or a process server. The server completes an affidavit of service. If you file jointly, no service is required. If you cannot find your spouse, you can ask the court for permission to serve another way (for example, through a relative or by email) or, in some cases, to dispense with service.

5. Wait

The served spouse has a set period to file an answer (30 days in Ontario if served in Canada, longer if outside). If they do not, the application is uncontested. The court also needs a clearance certificate from the federal Central Registry of Divorce Proceedings confirming no other divorce is pending anywhere in Canada; the court requests this and it can take several weeks.

6. Submit the affidavit and draft order

Once the year has passed and the answer period has expired, you file an affidavit for divorce (Form 36 in Ontario) confirming the facts, attaching the agreement or setting out the child support arrangements, and a draft divorce order. A judge reviews the file on paper. No hearing is needed unless something is missing or the child support arrangements look inadequate.

7. The order and the certificate

The divorce order is granted and takes effect on the 31st day after it is made, to allow time for an appeal. A judge can make it effective sooner only in special circumstances and where both spouses agree not to appeal. After it takes effect you can request a certificate of divorce, which is the document you need to remarry and which some institutions ask for. Read name change after divorce in Canada.

Common reasons applications get returned

• Child support below the Guidelines table with no explanation. The court must be satisfied reasonable arrangements exist; a private deal for less than the table amount will be questioned.
• Marriage certificate missing or not certified
• Service done incorrectly or by the applicant personally
• Filing before either spouse has been resident in the province for a year
• Inconsistent separation dates across the forms and the agreement
• Affidavit not sworn or commissioned properly
• Missing the clearance certificate

If your file comes back, read the clerk's or judge's note carefully. Usually it asks for one specific document or explanation, and you can fix it and resubmit without starting again.

Quebec

Quebec applies the Divorce Act but has its own procedure under the Code of Civil Procedure, and a joint application on a draft agreement is common. Quebec also has particular rules around the family patrimony, which must be addressed. If you are in Quebec, use Quebec forms and consider a notary or lawyer for the draft agreement. See the Quebec page.

Do you need a lawyer?

For a genuinely uncontested divorce with a signed agreement, many people file themselves, and each province's court offers self-help guides and, in some cases, family law information centres. Where a lawyer helps: if there are children and you are unsure the support arrangements will pass, if a spouse is outside Canada or can't be found, if the marriage was abroad, if property or support is still unresolved, or if you simply want it done right the first time. Many lawyers offer flat fees for uncontested filings. FairWell's directory lists professionals by province.

What to do this week

• Count forward from your separation date to the one-year mark and put it in your calendar.
• Order a certified marriage certificate if you don't have one; it can take weeks.
• Download your province's divorce forms and guide from the official court website.
• Decide with your spouse whether to file jointly.
• If there are children, check your agreement's child support against the Guidelines table so the court won't return it.

This guide is legal information, not legal advice, and it is written for a general audience across Canada and the United States. Family law is provincial and state-based and changes over time. Before you rely on anything here for your own situation, confirm it with a qualified family lawyer in your province or state. FairWell can connect you with one through the professional directory. How we write and check our guides.