5 Tips for Uncontested Divorce in Ontario You Must Know

Must Know Tips for Uncontested Divorce in Ontario

An uncontested divorce in Ontario can be a smooth, cost-effective, and stress-free way to end a marriage—if you know what you’re doing. Below are five crucial tips every couple should consider before filing for an uncontested divorce in Ontario.

Tip 1 – Make Sure You Meet the Basic Requirements

Before starting your application for an uncontested divorce in Ontario, confirm that you and your spouse meet all the basic legal requirements:

• Residency: At least one spouse must have lived in Ontario for a minimum of 12 months before filing for divorce.
• Valid Marriage: You must be legally married. This includes marriages performed in other countries, as long as you can provide a valid marriage certificate.
• Grounds for Divorce: The most common ground in uncontested divorces is separation for at least one year. Though adultery or cruelty are also legally accepted reasons, they typically apply to contested cases.
• No Other Claims: All other legal matters—such as property division, child custody, and support—must be resolved in advance or not be part of the divorce application.

Tip 2 – Reach a Full Agreement on Key Issues Before Filing

A true uncontested divorce means there are no unresolved disputes between you and your spouse. To meet this requirement, both parties must reach a complete agreement on all key matters before filing.

Here are the main issues that must be settled:

• Parenting Time and Decision-Making Responsibilities: If you have children, you must agree on where the children will live, how time will be shared, and who will make important decisions regarding education, health care, and activities. The court requires a clear, child-focused parenting plan.
• Child and Spousal Support: You must decide whether one spouse will pay support to the other or to the children. Your arrangements must align with the Federal Child Support Guidelines and be fair and reasonable. Support agreements that significantly deviate from the guidelines may be rejected by the court.
• Division of Assets and Debts: From the family home and vehicles to credit card debt and pensions, everything should be divided by mutual agreement. Ontario’s equalisation of net family property rules may apply unless you’ve agreed otherwise in writing.
• Importance of a Written Separation Agreement: While not required to file for divorce, having a signed separation agreement shows the court that all key issues have been resolved. It also protects both parties and avoids future misunderstandings.

In Toronto, separation agreements are often drafted with the help of a lawyer or mediator. This ensures they’re legally binding, clear, and enforceable—especially when child support or parenting time is involved.

Tip 3 – Complete and File the Correct Divorce Forms

Filing for an uncontested divorce in Ontario involves submitting the proper documents to the court. Using the right forms—and completing them correctly—is essential to avoid delays or rejections.

Here’s what you’ll need:

• Form 8A – Application (Divorce Only): This is used when you’re applying for a simple, uncontested divorce with no other claims (e.g., no disputes about property or custody).
• Form 36 – Affidavit for Divorce: This sworn statement confirms that the information in your application is true and that you meet the legal grounds for divorce (typically one year of separation).
• Original or Certified Copy of Marriage Certificate: If you were married in Ontario, you can order a certificate from ServiceOntario. If married abroad, ensure the certificate is translated (if needed) and considered legally valid in Canada.
• Form 25A – Draft Divorce Order: This proposed court order outlines the terms of your divorce. The judge will review and sign it if everything is in order.
• Court Filing Fee: As of 2025, the total fee is approximately $632, payable in two instalments—one at the time of filing and one when submitting the final documents. Fee waivers may be available if you meet financial eligibility.

Where to File in Toronto

In Toronto, uncontested divorce applications must be filed at the:

Ontario Superior Court of Justice
393 University Avenue
Toronto, ON M5G 1E6

You can file in person or, in some cases, electronically through the Justice Services Online portal. Make sure to bring multiple copies of each form and keep a copy for your own records.

Filing correctly is key to moving your uncontested divorce forward without unnecessary court intervention. If you’re unsure, consider seeking help from a family lawyer or legal clinic in Toronto to review your forms before submission.

Tip 4 – Consider Legal Advice, Even if It’s Uncontested

Just because your divorce is uncontested doesn’t mean you should skip legal advice. Even in amicable situations, consulting a lawyer can help you avoid costly mistakes and ensure your agreement stands up in court.

Why Legal Advice Matters

• Independent Legal Advice (ILA): This ensures that both spouses understand their rights and obligations before signing any agreement. Courts are more likely to uphold a separation agreement if each party had independent legal counsel.
• Fairness and Enforceability: A lawyer can review your separation agreement and flag any unfair terms, particularly around child support, spousal support, or division of property. Agreements that are one-sided or not in the child’s best interests may be challenged in court later.
• Avoiding Delays: Legal professionals can ensure your documents are properly filled out, signed, and filed—helping you avoid errors that can cause costly delays in your divorce process.

Affordable Legal Help in Toronto

Toronto residents have several accessible legal options for uncontested divorce support:

• Flat-Fee Divorce Services: Many Toronto family lawyers offer fixed-price packages for reviewing or filing uncontested divorces.
• Legal Clinics: Community legal clinics across Toronto may provide free or low-cost legal advice to eligible individuals.
• Mediation Services: If you’re finalising a separation agreement, a trained mediator can help you reach fair terms before getting a legal review.

Investing in professional legal advice—no matter how straightforward the divorce—can offer peace of mind and help protect your future. It’s a smart step, even when both parties are cooperative and aligned.

Tip 5 – Be Prepared for the Waiting Period

Many couples are surprised to learn that even after the court approves their uncontested divorce, it doesn’t take effect immediately. Under Ontario law, a mandatory 31-day waiting period begins after the judge signs the divorce order.

What You Need to Know:

• 31-Day Finalisation Period: The divorce becomes legally effective 31 days after the judge signs the order—assuming there are no complications such as appeals or missing documents.
• Complications May Delay the Process: If any part of your application is incomplete or unclear (especially concerning support or parenting), the court may request further information, which can extend the timeline.
• Wait Before Making Major Changes: Do not remarry or make any legal changes to your marital status until you receive your official Certificate of Divorce. This certificate is your legal proof that the divorce is final and recognised under Canadian law.

You can request the Certificate of Divorce from the same Ontario court that processed your application. It’s a vital document for remarrying, updating identification, or changing your legal status with financial institutions.

Planning ahead for this waiting period ensures there are no surprises and helps you move forward with confidence once the divorce is finalised.

Bonus Tip – Use Mediation or Online Tools If Needed

Even in an uncontested divorce, you and your spouse may not agree on every single detail right away. That’s where mediation or online tools can make the process smoother and more efficient—especially for couples in Toronto.

Mediation Services in Toronto

• Resolve Lingering Issues: If you’re struggling to agree on parenting schedules, support amounts, or how to divide certain assets, mediation can help you find common ground.
• Neutral Third-Party Support: A trained family mediator facilitates productive discussions while remaining neutral. This can be especially helpful for emotionally charged decisions.
• Cost-Effective Alternative: Mediation is often more affordable and faster than going to court, and it promotes cooperation, which is ideal in uncontested cases.

Toronto offers both private mediators and publicly funded mediation services at local family court locations.

Use Online Tools to Save Time

• e-Filing Platforms: Ontario’s Justice Services Online platform allows you to file for an uncontested divorce without stepping into a courthouse.
• Guided Divorce Services: Some private services approved by Ontario courts offer step-by-step guidance to complete your divorce forms and submit them correctly.
• Remote Access: These tools are particularly useful for couples with busy schedules or those living in different cities or countries.

By taking advantage of mediation or online filing tools, you can simplify the process, reduce stress, and move forward more quickly toward a finalised uncontested divorce in Ontario.