Family Law
Joint Divorce in Canada
Family Law
Joint Divorce Lawyer
Joint divorce refers to a divorce initiated by a couple together. If both spouses are in agreement on the divorce and all the claims associated with it, they can file for a joint divorce to speed things up. However, you still have to wait one year from the date of separation before starting the divorce proceedings. If the couple is residing in Ontario, for example, the duly filled joint divorce application must be submitted to the Ontario Superior Court of Justice. This can be done online as well. Various affidavits, forms, and documents must be submitted along with the divorce application. For example, forms for child custody and spousal support must be submitted if orders for the same are being sought. If everything is in order, the court can issue the final order of divorce within a few months.
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Difference between Simple Divorce and Joint Divorce
Both simple and joint divorces fall under the legal category of uncontested divorce – that is, where neither party is opposing a divorce order or making any other claims against the other that are not agreed upon.
What is a Simple Divorce?
Simple divorce refers to a divorce initiated by one of the spouses with no other claims arising out of the marriage or its breakdown. For a simple divorce to proceed uncontested, the other spouse must not contest the divorce by filing an Answer or making any other claims. This often happens when the couple has already come to an agreement on all issues, such as child or spousal support and property division, simplifying the divorce proceedings. It is always preferred that any settlement reached between the couple is turned into a binding settlement agreement, also known as Separation Agreement or Domestic Contract, through the help of experienced divorce lawyers. If the couple has children, the court would want to be satisfied that reasonable parenting and child support arrangements have been made by the parties before their request for a Divorce Order can be entertained.
What is a Joint Divorce?
A joint divorce refers to a divorce process initiated by both spouses together. This means that they are already on the same page on all relevant issues, and neither seeks to advance any claim against the other that the other is not in agreement with.
What are the eligibility criteria for applying for a joint divorce?
The eligibility criteria for both types of divorce are the same.
- The couple is expected to live separately for at least one year.
- They have to choose the province where at least one of the spouses is a resident and has lived for at least one year for filing their joint divorce application.
- Also, since it is an uncontested divorce, the couple must be in agreement on all the issues involved in the divorce, like child and spousal support, child custody, and property division.
How can a divorce lawyer help you?
It is possible to proceed with a joint divorce application without a lawyer since there is no disagreement between the spouses, and there is no requirement for a court appearance. However, a divorce lawyer can help you with the following:
Drafting the divorce settlement agreement:
While the couple in a joint divorce might be in agreement when it comes to child custody, child and spousal support, and property division, it is always best to put these down in writing to ensure there will not be any issues in the future. The couple can seek that the agreed terms be turned into a court order along with the divorce order through the joint divorce application process. Alternatively, the couple can choose to leave out their agreed terms from the final divorce order. The latter is often the case where parties already have entered into a binding private separation agreement and do not wish to make their settlement public via a court order incorporating the agreed-upon terms.
Assistance with negotiations:
While the couple is amicably parting ways in a joint divorce, the issues concerning property division, child and spousal support, or child custody can be very complicated. Since the couple has decided to settle these matters through negotiations rather than go to court, a divorce lawyer can help with facilitating these negotiations and also educating the parties about their rights and obligations in law so there are no surprises or undue influence or pressure by one spouse over the other.
Property division and equalization:
If the couple has been married for a long time, sorting out and dividing their accumulated wealth from the marriage will be a complicated affair. The Divorce Act stipulates the guidelines for property division, including the calculation of net family property and the equalization amount. A divorce lawyer can help with the property division and equalization of your assets and finances.
Preventing any errors or omissions:
A divorce lawyer can also check your application and supporting documents to ensure that there are no errors or omissions. This will reduce the chances of your application getting rejected and avoid unnecessary delays.
Legal representation, if necessary:
If, in a rare case, a court appearance is required, then your divorce lawyer can represent you in court as well.
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Frequently Asked Questions
What are the qualification criteria for a joint divorce?
The qualification criteria for a joint divorce are as follows:
- The couple must be legally married and submit the original marriage certificate to prove this.
- The couple must have been living separately for at least one year.
- At least one of the spouses must be a resident of that province for a minimum period of one year. This is to verify which jurisdiction applies to the divorce.
- There must be an agreement between the couple on parenting issues, child and spousal support, and property division. If some disagreement arises between the spouses after filing for the joint divorce, the court will need to be made aware of the same immediately so it can be treated as a contested divorce instead; you will be required to appear in court in contested matters.
How long will it take for a joint divorce to be finalized?
Administrative delays and court schedules are likely to delay the divorce finalization by a few months, and this will vary from province to province. If there are no errors or omissions in your application, it could take anywhere between 2 to 6 months on average.
Is there any requirement for a court appearance in a joint divorce?
No. In a joint divorce, the spouses are already in agreement on all the issues. If all the paperwork submitted is in order, the court will go through the documents and issue the final divorce order once the court is satisfied.
Is there an option for filing the joint divorce application online?
Yes. Most provinces provide online portals for submitting applications for most family law matters. Follow the instructions provided there and make sure that you are submitting the application without any errors. You can also make the payment for the court fee online. If you are eligible for the fee waiver meant for low-income couples, submit the fee waiver application, which is also available on the portal.
