Can You Get an Uncontested Divorce Without a Separation Agreement?

Is a Separation Agreement Legally Required for an Uncontested Divorce?

Clarifying That a Separation Agreement Is Not Mandatory

Ontario law does not require spouses to sign a separation agreement before applying for an uncontested divorce. You can proceed as long as:

• You have been separated for at least one year (or rely on another accepted ground for divorce).
• Your spouse does not contest the application.
• There are no unresolved issues related to children, support, or property.

Instead of demanding a separation agreement, the court relies on sworn documents—like your affidavit in support of divorce (Form 36)—to confirm that corollary issues are settled or irrelevant.

Situations Where Courts Allow Divorce without a Written Agreement

Ontario courts regularly grant uncontested divorces without a signed separation agreement in situations such as:

• No children together, so parenting and child support issues do not apply.
• No property to divide, and both spouses have already separated their finances informally.
• Each spouse is financially independent, so neither is seeking spousal support.
• All issues were settled verbally and there is no ongoing conflict.
• The other spouse simply does not respond, and no disputes are raised.

As long as the materials filed show the divorce is straightforward and uncontested, the court can issue the Divorce Order without requiring a written contract.

When Verbal Arrangements or Informal Understandings May Be Acceptable

In some uncontested divorces, spouses rely on:

• Verbal agreements about living arrangements or timelines
• Informal parenting schedules that both follow consistently
• Mutual decisions to separate assets without documenting the details
• Past behaviour that confirms each party accepts the current arrangement

Courts may accept this if no one is asking the court to make or enforce terms. However, if children are involved, judges require evidence that child support meets the Federal Guidelines—even if the parents are cooperating informally.

Why Written Proof of Major Terms Is Still Preferred

Even though a separation agreement is not legally required, it remains the strongest proof that both spouses have settled all financial and parenting matters. Written agreements help because they:

• Provide clarity and prevent misunderstandings
• Protect both spouses if conflicts arise later
• Demonstrate to the court that all issues are resolved
• Reduce the risk of delays or requests for additional documents
• Make support and property terms enforceable, even years later

For these reasons, many couples choose to prepare a separation agreement before filing—especially when children, support obligations, or property rights are involved.

When You Can Proceed Without a Separation Agreement

While many Ontario couples choose to prepare a separation agreement before filing for an uncontested divorce, there are clear situations where you can legally and safely proceed without one. In these cases, the court is satisfied that no major issues require written documentation, and the divorce can be granted based on your sworn forms alone.

No Children Involved and No Financial Claims

The simplest uncontested divorces in Ontario are those where the spouses do not have children together. Without parenting responsibilities or child support obligations, the court does not need detailed proof that arrangements comply with legal standards.

An uncontested divorce can move forward without a separation agreement when:

• There are no minor or dependent children
• No one is seeking child support
• There are no disputes about parenting or decision-making

Since these issues do not exist, a written agreement is unnecessary, and the judge relies solely on your affidavit confirming the facts.

No Spousal Support Claims or Both Parties Waive Support

If neither spouse wants spousal support—or both have agreed to waive support—you can proceed without documenting this in a separation agreement, provided:

• Each spouse is financially independent
• No one disputes the waiver
• The waiver appears fair based on the facts provided

The court may request additional information if the waiver seems unusual (for example, large income disparities), but in most straightforward cases, no agreement is required.

No Property or Equalisation Issues to Be Settled

You can file for an uncontested divorce without a separation agreement when all property and financial matters are already dealt with informally, such as:

• The spouses have already divided their belongings
• No one is seeking equalisation of net family property
• There is no claim involving the matrimonial home
• Each party has taken responsibility for their own debts

If neither spouse is asking the court to make any financial orders, the court does not require a written contract to confirm the settlement.

Both Spouses Independently Confirm They Have No Unresolved Disputes

An uncontested divorce proceeds smoothly when both spouses agree—implicitly or explicitly—that everything is already resolved. This typically includes situations where:

• Both spouses accept the separation date
• There are no disagreements about support, parenting, or property
• The responding spouse does not file an Answer
• No new claims are raised during the process

When You Cannot Proceed Without a Separation Agreement

Presence of Children Requiring Parenting Plans and Child Support Terms

If you and your spouse have minor or dependent children, the court must be satisfied that:

• Parenting arrangements are stable
• Decision-making responsibilities are clear
• Child support meets the Federal Child Support Guidelines

Without a separation agreement—or other written documentation—the judge may not have enough information to determine whether the arrangements are in the best interests of the child. This is especially true if:

• Parenting time is shared
• One parent pays child support
• Special or extraordinary expenses are involved
• Past arrangements have been inconsistent

In such cases, a separation agreement becomes the primary document demonstrating that both parents understand and accept their obligations.

Situations Involving Spousal Support Entitlement or Disagreements

You generally cannot proceed without a separation agreement when:

• One spouse may be entitled to spousal support
• There is disagreement about whether support should be paid
• There is a significant income difference between spouses
• One spouse has financially depended on the other during the marriage
• There are claims related to duration of support or amount

Judges need evidence that any support waiver or agreement is fair, informed, and voluntary. Without a written agreement explaining the reasoning and confirming both parties’ consent, the court may delay or refuse the divorce.

Cases With Shared Property, Pensions, or Matrimonial Home Rights

Ontario’s property-division rules often require a separation agreement when spouses have:

• Joint property or bank accounts
• A matrimonial home to be sold, transferred, or refinanced
• Pensions, RRSPs, or employer benefits requiring valuation
• Debts accumulated during the marriage
• Equity to be equalised between spouses

Because these matters can significantly affect each spouse’s long-term financial rights, judges typically expect a written separation agreement—or court orders—showing how everything has been divided. Without proof, the court may assume the issues are not resolved, which prevents an uncontested divorce from being approved.

Court Concerns About Unresolved Financial Matters or Lack of Disclosure

Even if both spouses say they agree, the court may insist on a separation agreement when:

• Financial disclosure has not been exchanged
• One spouse appears disadvantaged
• The affidavit raises red flags about support or property
• There are inconsistencies in the application
• Either spouse has previously raised financial issues

Judges must ensure that the divorce is fair and that no spouse is being misled or pressured into finalising the marriage without proper financial understanding. A written separation agreement supported by financial disclosure resolves these concerns.

Court Requirements You Must Still Meet Without a Separation Agreement

Proving One-Year Separation or Legal Grounds for Divorce

Regardless of whether a separation agreement exists, you must still meet the basic legal grounds for divorce under the Divorce Act. Most Ontario applicants rely on:

• One year of separation, even if living under the same roof
• Adultery (requires evidence or admission)
• Cruelty (requires proof of intolerable treatment)

For uncontested divorces, the separation-ground is the simplest and most commonly accepted. The court requires your sworn affidavit (Form 36) confirming the separation date and that there is no reasonable chance of reconciliation.

Completing Required Forms (Form 8A, Form 36, etc.)

Even without a separation agreement, the paperwork burden remains the same. You must submit all required Ontario divorce forms, including:

• Form 8A — Application for Divorce
• Form 36 — Affidavit for Divorce
• Registration of Divorce Proceedings form
• Form 25A — Divorce Order (draft order for the judge to sign)

If there are children, additional forms—such as Form 35.1 for parenting information—may be mandatory. Missing or incomplete forms can delay your application even when everything is uncontested.

Providing Financial Documentation If There Are Children

When minor or dependent children are involved, the court must verify that financial arrangements are fair and meet legal standards. You may need to submit:

• Income documentation (e.g., CRA Notice of Assessment)
• Proof of child support payments
• Worksheets for special or extraordinary expenses
• Details about existing parenting schedules

Demonstrating That Child Support Meets Federal Guidelines

Ontario courts are legally required to ensure child support follows the Federal Child Support Guidelines. Without a separation agreement, the court must rely on your forms and financial evidence to confirm:

• The correct table amount is being paid
• Any deviations from the Guidelines are justified
• Special or extraordinary expenses are appropriately shared
• The children’s needs are fully addressed

If the judge cannot confirm compliance, they may request additional documents or delay granting the divorce.

Ensuring Both Spouses Receive Proper Notice and Have an Opportunity to Respond

Even in an uncontested divorce, the responding spouse must receive proper legal notice. This includes:

• Being served with the Application for Divorce
• Having the opportunity to file an Answer (even if they choose not to)
• Understanding the claims made in the application

Service rules are strict in Ontario. If service is incomplete or incorrect, the court cannot process the divorce, with or without a separation agreement.

Risks of Filing for an Uncontested Divorce without a Separation Agreement

Future Disputes over Finances or Parenting

Without a separation agreement, there is no clear record of:

• Who pays which debts
• How property was divided
• How parenting time is shared
• Whether spousal support was waived or simply not discussed

If a disagreement arises months or years later, the lack of written terms makes it difficult to prove what each spouse originally intended. This often leads to costly legal disputes that could have been avoided with a written agreement.

Challenges Enforcing Informal or Verbal Terms

Informal arrangements—such as verbal promises or casual understandings—are hard to enforce. Courts rely heavily on written evidence when deciding whether a term was agreed upon. Without documentation, you may struggle to enforce:

• Child support plans
• Parenting schedules
• Spousal support waivers
• Property division arrangements
• Debt-sharing responsibilities

A judge may treat unwritten arrangements as non-existent, even if both spouses were following them informally.

Potential Delays If the Judge Requests Additional Evidence

When you file for an uncontested divorce without a separation agreement, the judge may not have enough information to confirm that all issues are resolved. Delays can occur if the court asks for:

• Financial disclosure
• Details about parenting or support
• Proof that property was already divided
• Clarification about claims being waived

Difficulty Proving Mutual Understandings if Conflicts Arise Later

If one spouse later changes their mind or disputes part of an informal arrangement, the other spouse may struggle to prove what was agreed. Situations where this becomes a problem include:

• Future disagreements about child support
• Claims that one spouse did not understand their rights
• Disputes about equalisation of property
• Conflicting memories of verbal arrangements

A written separation agreement eliminates ambiguity and provides a reliable reference for both spouses and the court.

Increased Chance of Reopening Issues After the Divorce Is Granted

A divorce order legally ends the marriage, but it does not automatically settle financial or parenting issues unless they are documented beforehand. Without a separation agreement, spouses may later bring claims for:

• Child support
• Spousal support
• Equalisation of net family property
• Matrimonial home rights
• Pension division

Why a Separation Agreement Is Strongly Recommended Even When Not Required

Creates a Clear, Enforceable Record of All Decisions

A separation agreement provides a legally binding record of everything the spouses agreed upon, including:

• Parenting schedules and decision-making responsibilities
• Child support amounts and payment timelines
• Spousal support entitlements or waivers
• Division of property, assets, and debts

Because it is written, witnessed, and signed, it becomes a document that courts and lawyers can rely on if issues arise. Verbal promises cannot offer the same level of certainty or enforceability.

Helps Avoid Future Litigation Over Property or Support

Without a written agreement, either spouse may attempt to revisit—or challenge—issues long after the divorce is finalized. A separation agreement helps prevent costly legal battles by:

• Establishing final property division
• Documenting support decisions and waivers
• Clarifying who is responsible for shared debts
• Preventing misunderstandings about financial obligations

Judges give strong weight to written agreements, making them far more difficult to dispute later.

Demonstrates Full Financial Disclosure

Ontario family law requires spouses to provide complete and honest financial disclosure before signing any binding arrangement. A separation agreement typically includes:

• Confirmation that financial information was exchanged
• Acknowledgement that both spouses understood their rights
• Evidence that the agreement was informed and voluntary

Strengthens the Divorce Application by Resolving All Major Matters

Judges processing uncontested divorces want to see proof that:

• Parenting issues are settled
• Child support meets the Federal Guidelines
• Spousal support has been addressed appropriately
• Property division is not in dispute

A separation agreement answers all these questions in one document. It gives the court confidence that your divorce is truly uncontested and reduces the likelihood of delays or requests for additional evidence.

Provides Long-Term Financial and Parenting Stability

A separation agreement is more than just a legal formality—it creates stability during a difficult transition. With a written agreement, both spouses gain:

• Predictable financial arrangements
• A consistent parenting plan
• Clear expectations regarding future responsibilities
• Protection from surprise claims down the road

Alternatives If You Don’t Want a Full Separation Agreement

Using a Limited-Scope Agreement Addressing Only Critical Issues

Instead of drafting a comprehensive separation agreement, spouses can create a limited-scope agreement that deals only with essential matters such as:

• Parenting arrangements
• Child support terms
• Spousal support waivers
• Division of a single asset or debt

Preparing a Parenting Plan and Child Support Summary

If the primary concern is the well-being of children, spouses can prepare two focused documents:

1. A parenting plan, outlining:
   • Parenting time schedule
   • Decision-making responsibilities
   • Holiday arrangements
2. A child support summary, confirming:
   • Table support amount under the Federal Guidelines
   • Who pays support and when
   • Any special or extraordinary expenses

Filing Affidavits Documenting Each Spouse’s Position

In some uncontested divorces, spouses prefer to rely on sworn affidavits (Form 36 or supplemental affidavits) instead of a written separation agreement. These affidavits can:

• Confirm that there are no claims for support or property
• Describe informal parenting or financial arrangements
• Show that both spouses understand and accept the current terms

Judges can rely on sworn statements as evidence, provided they are consistent and complete.

Mediation to Quickly Resolve a Few Remaining Issues

If only a handful of matters remain unresolved, mediation can be a fast and cost-effective way to reach an agreement. Mediation can help spouses settle:

• A single dispute about parenting time
• Disagreements over child or spousal support
• How to handle a specific debt or asset
• Communication or scheduling issues

Many couples use mediation to resolve only the necessary issues and then move forward with their uncontested divorce without drafting a comprehensive agreement.

Lawyer Review for Minimal-Cost Verification of Terms

If you have informal arrangements but want confirmation that they are legally sound, you can request a limited lawyer review. A lawyer can:

• Verify that child support meets legal requirements
• Ensure spousal support waivers are valid
• Point out any gaps that could delay the divorce
• Confirm that property and debt issues are properly addressed

When to Seek Legal Advice before Filing

Uncertainty about Support Rights or Obligations

If you are unsure about your rights or responsibilities regarding child or spousal support, you should speak with a family lawyer before filing. Legal advice is especially important when:

• There is a significant income difference between spouses
• One spouse has been financially dependent
• Either spouse may qualify for spousal support under the Divorce Act
• You are unsure if your proposed child support amount meets the Federal Guidelines

Getting advice early helps prevent support disputes from turning an uncontested divorce into a contested one later.

Concerns About the Matrimonial Home or Pensions

Property rights in Ontario can be complex, particularly when they involve:

• The matrimonial home
• Jointly owned property
• RRSPs, pensions, or workplace benefits
• Large debts or unequal contributions
• Equalisation of net family property

A family lawyer can help you understand your rights and obligations, ensure proper valuations, and prevent future claims from arising after the divorce is granted.

High-Conflict Situations or Lack of Cooperation

An uncontested divorce requires minimal conflict and some level of cooperation. Seek legal advice if:

• Your spouse is not communicating clearly
• There are disagreements about support or parenting
• One spouse refuses to provide financial information
• There is a history of intimidation, pressure, or potential abuse

Legal guidance ensures that your rights are protected and prevents you from proceeding with incomplete or unsafe information.

Need to Ensure Forms and Documents Meet Ontario Court Requirements

Ontario’s divorce process requires detailed and accurate paperwork. You may benefit from legal advice if you need help:

• Completing Form 8A, Form 36, or Form 35.1 (if applicable)
• Gathering proof of income, parenting arrangements, or support
• Ensuring service on your spouse is completed correctly
• Avoiding inconsistencies between your forms and supporting documents

A lawyer can review your documents for accuracy and completeness, helping you avoid delays, returned applications, or requests for additional evidence from the court.