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 on everything, the process is administrative rather than adversarial. Most people can do it themselves or with modest help. This guide walks through it.

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. A reconciliation attempt of 90 days or less does not reset the clock.

What "uncontested" means

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 a signed agreement with Guideline-compliant child support is the cleanest way to show that. FairWell's Complete Separation Package includes the child support schedule and, for Ontario and other provinces, the support calculation the court expects to see.

Where to file

You file in the superior court of the province where either spouse has been ordinarily resident for at least one year before filing. In Ontario that is the Superior Court of Justice (or the Family Court branch of it); 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.

The steps

1. Gather documents

• Original or certified copy of the marriage certificate (foreign certificates may need a certified translation)
• Your separation agreement
• 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

2. Complete the application

In Ontario, a simple divorce (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. Most provinces now allow online filing through a court portal. Answer every question, including the mandatory reconciliation and collusion statements: you must confirm no reconciliation is possible 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.

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, which is one reason joint applications are simpler.

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 requires a clearance certificate from the federal Central Registry of Divorce Proceedings confirming no other divorce is pending anywhere in Canada; the court requests this when you file and it takes 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 31 days later, unless both spouses waive the appeal period. After that you can request a certificate of divorce, which is the document you need to remarry or to change your name on some records. 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
• Missing the clearance certificate

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.

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 it helps: if there are children and you are unsure the support arrangements will pass, if a spouse is outside Canada, if the marriage was abroad, or if you simply want it done right the first time. Lawyers and licensed paralegals often offer flat fees for uncontested filings. FairWell's directory lists professionals by province.

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.