When a couple in Ontario decide to end their marriage, there are a few things to consider. Although it may seem an easy process, even an uncontested divorce has certain requirements to meet. A similar type of divorce filing allowed in Ontario is a joint divorce, through which the court is notified that both spouses agree to end the marriage; as such, it does not involve one spouse suing the other for divorce. The most challenging of the requirements for both may be the need for the two parties to agree on every aspect, including property distribution, spousal support, child custody and the child’s residential schedule.
The next step would be to fill out the appropriate forms. Making sure the applicable forms for the province and territory are completed is important. Couples must ensure they read the fine print, to avoid signing away any rights to something like spousal support. Obtaining information related to the residential requirements will be necessary, along with the time of separation required before they can file for divorce.
When it comes to property equalization, each spouse maintains ownership of assets he or she brought into the marriage and equally share any property acquired during the marriage. If personal property brought into the marriage by one spouse increased in value during the marriage, that increase is typically shared equally. Exceptions are gifts, inheritances, insurance money and personal injury awards — these are not divisible.
Navigating a divorce without legal counsel is not necessarily wise. An experienced Ontario divorce lawyer can assist with the administrative and legal requirements for filing an uncontested or joint divorce. Even the most amicable divorces can come to an abrupt halt if even one contentious issue arises. A lawyer can assist with negotiations and make sure the final divorce agreement complies with all applicable legal requirements. Source: FindLaw, “Uncontested Divorce Basics: 5 Things to Consider“, Betty Wang, Accessed on Dec. 3, 2016