Joint Divorce in Ontario with Children

What Is a Joint Divorce in Ontario When Children Are Involved?

Key Requirements for Couples Applying Together

Parents filing for a joint divorce in Ontario must meet the same basic eligibility criteria as any couple seeking a legally recognized divorce, but with additional child-centred obligations. These include:

• Agreement on parenting arrangements such as decision-making responsibility (formerly “custody”) and parenting time
• A signed and enforceable separation agreement or clear written terms that follow the Divorce Act and Children’s Law Reform Act
• Child support that meets Federal Child Support Guidelines, including full financial disclosure to confirm the correct amount
• Proof that the children are being properly supported, often shown through financial statements, pay stubs, or a written agreement
• Both spouses must sign the joint application, swear affidavits of divorce, and supply required documents, such as the marriage certificate

How Joint Divorce Differs From Simple or Contested Divorces

A joint divorce is different from other types of divorce in Ontario in several important ways:

Type of Divorce	Who Files?	When It’s Used	Level of Conflict	Court Involvement
Joint Divorce	Both spouses together	When all issues are agreed upon	Low	Minimal – paperwork-based
Simple Divorce	One spouse files	Only asking for the divorce itself (no property or parenting disputes)	Low to moderate	Minimal
Contested Divorce	One spouse sues the other	When spouses disagree on major issues like parenting, support, or property	High	Significant – court hearings and possibly trial

When Joint Divorce Is Appropriate for Families with Children

A joint divorce is typically appropriate when:

• You and your spouse communicate respectfully and can make joint decisions
• Both parents prioritise the children’s emotional and financial well-being
• Parenting time and decision-making arrangements are already settled
• Child support meets legal guidelines and both parties have exchanged financial disclosure
• There is no history of abuse, coercion, or power imbalance
• Both spouses are comfortable working through forms and legal requirements together

Eligibility Requirements for Joint Divorce with Children in Ontario

Proof That the Marriage Has Broken Down

Under the Divorce Act, spouses must demonstrate that their marriage has irretrievably broken down. This is most commonly shown through:

• One year of separation, even if both spouses continue living in the same home for financial or parenting reasons
• Other legal grounds such as cruelty or adultery, though these are rarely used in joint divorces because they require one spouse to make allegations against the other

For families with children, separation also typically involves creating temporary or long-term parenting arrangements during this period. The court will require clarity that the couple has been living “separate and apart,” emotionally and financially, even if they still share a residence.

Agreement on Major Issues: Parenting, Child Support, and Division of Property

A joint divorce can only proceed when both spouses fully agree on all essential family matters, including:

• Parenting arrangements, covering decision-making responsibility (custody), parenting time (access), holiday schedules, and communication plans
• Child support, which must follow the Federal Child Support Guidelines unless there is a valid reason for a different amount—supported by full financial disclosure
• Spousal support, if applicable, with clear terms in writing
• Division of property and debts, including the matrimonial home, bank accounts, pensions, and shared liabilities
• Any additional issues relevant to the children’s stability and future needs

Residency Requirement for at Least One Spouse

To file a joint divorce in Ontario, at least one spouse must have lived in Ontario for a minimum of 12 months immediately before the application is filed. This is a strict requirement under the Divorce Act and ensures that the Ontario Superior Court of Justice has jurisdiction to grant the divorce.

Even if the couple was married outside Canada, they can still apply for a joint divorce in Ontario as long as the residency requirement is met.

When Joint Divorce May Not Be Suitable

Although a joint divorce is an efficient and cooperative option, it is not appropriate for every family—especially when children are involved. You may need a different approach if:

• There is high conflict, and communication between spouses is strained or non-existent
• Safety concerns exist, including a history of domestic abuse, coercion, or intimidation
• One spouse is unwilling to provide financial disclosure or negotiate in good faith
• The parents disagree on parenting arrangements or child support
• One spouse refuses to sign documents or participate in the process
• There is significant power imbalance, making collaboration unsafe or unfair

Court Approval of Child-Related Agreements in a Joint Divorce

Why the Court Reviews All Child-Related Terms Even When Parents Agree

Parental agreement alone is not enough for child-related decisions. Under the Divorce Act, the court must confirm that:

• The parenting arrangements are safe, stable, and appropriate
• Child support meets or exceeds legal minimums
• Both parents have fulfilled their financial disclosure obligations
• The agreement promotes the child’s physical, emotional, and developmental needs

Even in a fully cooperative joint divorce, the court functions as a safeguard to prevent children from being disadvantaged by unfair arrangements or agreements that fall below legal standards.

Best-Interests Test Under the Divorce Act and Children’s Law Reform Act

All parenting decisions must satisfy the best-interests of the child test set out in both the Divorce Act and Children’s Law Reform Act (CLRA). Judges assessing joint divorce applications consider factors such as:

• The child’s emotional, physical, and cultural needs
• Stability and continuity of care
• Each parent’s ability and willingness to meet the child’s needs
• The child’s relationships with parents, siblings, and extended family
• History of caregiving roles and responsibilities
• Any risks related to violence, abuse, neglect, or coercive control
• The child’s views and preferences (when appropriate)
• Whether the agreement encourages meaningful involvement from both parents

Issues That Commonly Trigger Delays or Requests for Clarification

Even well-intentioned parents may encounter delays during the court’s review. Common issues include:

• Child support amounts that do not match Federal Child Support Guidelines
• Missing or unclear financial disclosure
• Parenting plans without enough detail on decision-making or schedules
• Agreements that appear one-sided or potentially unfair
• Lack of information on Section 7 special or extraordinary expenses
• No explanation for deviations from guideline support
• Missing signatures or incomplete affidavits
• Inconsistencies between forms and the separation agreement

Judges need clarity and certainty. Any gaps or vague provisions related to the children require correction before approval.

Required Forms for Parenting and Support (Form 35.1, Financial Statements, etc.)

When filing a joint divorce that involves children, parents must submit several mandatory forms, including:

• Form 35.1 – Parenting Affidavit
  Required from each parent. This form outlines parenting arrangements, decision-making responsibilities, parenting time schedules, and any concerns affecting the children’s safety or well-being.
• Separation Agreement or Written Parenting Plan
  This document must clearly set out parenting arrangements and support obligations.
• Financial Disclosure
  Depending on the situation, this may include:
  • Income tax returns and Notices of Assessment
  • Current pay stubs
  • Employment letters
  • Details of benefits, bonuses, or self-employment income
• Financial Statement (Form 13 or 13.1)
  Not always required in a joint divorce, but often requested if child support calculations or special expenses are unclear or complex.
• Child Support Worksheets or Calculations
  To demonstrate how guideline amounts were determined.

How Judges Ensure Children’s Rights to Support Are Protected

Child support is the child’s legal right—not the parents’. Because of this, judges take special steps to validate that the child is protected financially, including:

• Reviewing income documents carefully
• Comparing support amounts with Federal Child Support Guidelines
• Confirming that Section 7 expenses are reasonable and shared proportionately
• Ensuring neither parent has waived support improperly
• Investigating whether deviations from the guidelines are justified
• Ensuring both parents understand the financial implications of the agreement

Required Documents for Joint Divorce with Children in Ontario

Application for Divorce Forms (Form 8A)

For a joint divorce, both spouses complete and sign Form 8A – Application (Divorce) together. This form sets out:

• Basic information about the marriage
• Grounds for divorce (usually one-year separation)
• Details of any existing court orders
• Confirmation that both spouses agree to proceed jointly

Parenting and Child Support Documents (Form 35.1, Child Support Data)

Because the court must confirm that the children are properly cared for, the following child-related forms are mandatory:

Form 35.1 – Affidavit in Support of Claim for Custody or Access (Parenting Affidavit)

Each spouse must complete their own Form 35.1. It outlines:

• Parenting time schedule
• Decision-making responsibilities
• Safety concerns or risks (if any)
• The history of caregiving roles
• How the proposed arrangements promote the child’s best interests

Child Support Information

Courts require clear evidence that child support meets the Federal Child Support Guidelines, such as:

• Child support calculation worksheets
• Section 7 expense breakdown
• Proof of income (NOA, pay stubs)
• Any Ontario Child Support Service (CSS) recalculation notices

Marriage Certificate, Separation Agreement (If Applicable), and Affidavits

To finalize a joint divorce, you must also include:

Original Marriage Certificate

A government-issued certificate or a certified copy. If unavailable, parents must provide:

• Proof that a replacement has been requested, or
• An affidavit explaining why it cannot be obtained

Foreign marriage certificates must be translated into English or French by a certified translator.

Separation Agreement (If Applicable)

If parenting, child support, or property issues have already been resolved through a separation agreement, the court will review it for fairness and compliance.

A separation agreement should include:

• Parenting plan
• Child support terms
• Spousal support terms (if any)
• Property division

Affidavits and Additional Forms

Depending on the case, parents may also need:

• Form 36 – Affidavit for Divorce
• Form 25A – Divorce Order (draft order)
• Affidavit of Service, if the court requires service for any attached materials

The court relies on these sworn documents to verify facts about the marriage, separation, finances, and child arrangements.

Filing Fees, Timelines, and Where to Submit Documents

Parents must pay the required Ontario court filing fees, which are typically divided into two parts:

1. At the time of filing the application
2. Before the divorce is granted

Joint divorce applications are submitted to the Ontario Superior Court of Justice, either:

• Online through the Ontario e-filing portal, or
• In person at the appropriate courthouse

Typical processing timelines range from 8 to 12 weeks, but delays are common if any child-related information is incomplete.

Common Mistakes That Result in Applications Being Returned

Courts frequently return joint divorce applications due to avoidable errors, including:

• Missing or incomplete Form 35.1 Parenting Affidavits
• Inadequate or outdated financial disclosure
• Child support amounts that do not follow the Guidelines
• Parenting plans that are too vague or inconsistent
• Missing signatures or improperly sworn affidavits
• Incorrect or absent marriage certificate
• Failing to include necessary supporting documents for Section 7 expenses
• Inconsistencies between forms and the separation agreement
• Not paying the required filing fees

Ensuring all forms are complete, consistent, and properly sworn before submission can dramatically reduce delays and improve the likelihood of swift approval.

Situations Where Joint Divorce May Not Be the Best Option

High Conflict or Disagreement Over Parenting Schedules

A joint divorce can only proceed if both parents fully agree on all parenting terms, including:

• Parenting time schedules
• Holiday arrangements
• Decision-making responsibilities
• Rules and expectations for transitions

If parents are experiencing ongoing arguments, tension, or an inability to communicate constructively, a joint divorce may not be appropriate. High conflict between parents can:

• Delay the court process
• Make it difficult to create a clear parenting plan
• Lead to disputes that require mediation or court intervention
• Increase the emotional strain on children

Concerns about Safety, Coercion, or Domestic Violence

A joint divorce requires cooperation and freely given consent. It is not appropriate when there are:

• Concerns about domestic violence or abuse
• Fear, intimidation, or emotional manipulation
• Imbalances of power affecting negotiations
• Safety risks to a parent or child

Disputes Over Child Support, Spousal Support, or Financial Disclosure

Joint divorce requires complete agreement on all financial issues, including:

• Child support
• Spousal support
• Section 7 expenses
• Income disclosure
• Division of property and debts

If any of the following issues arise, a joint divorce may stall or fail:

• One parent disagrees with the child support amount
• One spouse refuses to share income documents
• Parents cannot agree on spousal support entitlement or amount
• There is suspicion that financial information is being hidden
• Income is complicated (self-employment, fluctuating earnings) and requires legal interpretation

When One Parent Refuses to Cooperate with Paperwork

A joint divorce relies on both spouses working together. It is not appropriate when:

• One parent refuses to sign required forms
• One spouse ignores communication or delays the process
• A parent will not participate in completing affidavits or financial statements
• A spouse refuses to attend mediation or review the separation agreement