Simple Divorce without Kids

What Counts as a Simple Divorce Without Kids in Toronto?

In Toronto, a simple divorce often called an uncontested divorce is the most straightforward way for a married couple to legally end their marriage when there are no children involved and no unresolved disputes.

Definition of a Simple (Uncontested) Divorce

A simple divorce means only one issue is before the court: the legal dissolution of the marriage.

In these cases:

• Both spouses agree that the marriage has broken down
• Neither spouse is asking the court to decide parenting, child support, spousal support, or property division
• There are no disputes requiring a judge’s intervention

Key Conditions That Must Be Met

To qualify as a simple divorce without kids in Toronto, all of the following conditions must apply.

1. No Children of the Marriage

This includes:

• No biological children of both spouses
• No adopted children
• No children treated as dependants during the marriage

If children exist even if they are adults or financially independent the court may still require confirmation that no child support or parenting issues exist. Where there is any uncertainty, the divorce may no longer be considered “simple.”

2. No Parenting or Child Support Issues

Because there are no children:

• Parenting time and decision-making responsibility do not apply
• Child support does not apply
• The court does not need to assess the “best interests of the child”

This significantly reduces court scrutiny compared to divorces involving children, where judges must independently review parenting and support arrangements even when parents agree.

3. Marriage Must Be Legally Valid

The court must be satisfied that the marriage is legally recognized under Ontario law. This means:

• A valid Ontario marriage certificate or
• A legally recognized foreign marriage

If the marriage took place outside Canada, additional steps may be required, such as:

• Providing an official marriage certificate
• Submitting a foreign marriage opinion letter (in some cases)

Without proof of a valid marriage, the court will not grant a divorce.

4. The One-Year Separation Requirement Is Met

Under the Divorce Act, the most common ground for divorce is living separate and apart for at least one year.

Important points:

• The one-year period can be completed before or during the divorce process
• Spouses can live separately under the same roof if they function as separate households
• The separation date must be clearly stated and consistent across court forms

Property, Debts, and Why “No Kids” Doesn’t Mean “No Issues”

Equalization of Net Family Property in Ontario

Under Ontario family law, married spouses are generally entitled to an equalization of net family property, regardless of whether they have children.

This process involves:

• Calculating each spouse’s net worth on the date of separation
• Subtracting debts and liabilities
• Comparing the increase in value during the marriage
• Requiring the spouse with the higher increase to pay an equalization payment

Key point: This right exists automatically by law.
It does not disappear simply because:

• The divorce is uncontested
• One spouse is not “asking for anything” right now
• The couple has no children

If property issues are left unresolved, either spouse may later bring a claim sometimes years after the divorce is finalized.

When Property Issues Must Be Resolved Before Divorce

Technically, Ontario allows spouses to divorce before finalizing property division. However, doing so can be risky in many situations.

Property issues should almost always be resolved before a divorce if:

• There is a matrimonial home
• One or both spouses own real estate
• There are pensions, RRSPs, or investments
• One spouse carried significant debt during the marriage
• There is a business or self-employment income

Once the divorce is finalized, financial leverage often disappears. A spouse who previously cooperated may become unresponsive, forcing the other to start a separate and costly legal process.

The Importance of a Separation Agreement

A properly drafted separation agreement is the most effective way to manage property and debt issues in a no-kids divorce.

A strong agreement typically covers:

• Division or sale of the matrimonial home
• Equalization calculations
• Responsibility for joint and individual debts
• Bank accounts, pensions, and investments
• Waivers or confirmations regarding spousal support
• Deadlines and enforcement mechanisms

Even though the divorce itself may be simple, the agreement protects both parties long after the divorce order is issued.

 

Do You Need a Lawyer If There Are No Kids?

When a Lawyer May Not Be Necessary

A lawyer may not be essential when the divorce is genuinely uncomplicated and both spouses fully understand what they are giving up and what they are retaining. This is often the case where there are no shared assets or debts of significance, no expectation of spousal support, and a clear, uncontested separation date. When both parties are cooperative, comfortable with court paperwork, and aligned on outcomes, many couples successfully complete a joint or simple divorce on their own.

Situations Where Legal Advice Is Strongly Recommended

Legal advice becomes important when there is any complexity beneath the surface. This may include property acquired during the marriage, unequal financial knowledge between spouses, pensions or investments, or uncertainty about spousal support rights. Pressure to move quickly, reliance on informal understandings, or discomfort with the terms being discussed are also strong indicators that advice should be sought before filing.

The Role of Limited-Scope Legal Services

Getting legal help does not always mean hiring a lawyer to handle everything. Many Ontario family lawyers offer limited-scope services that focus on specific tasks, such as reviewing divorce forms, assessing financial exposure, or advising on the enforceability of a separation agreement. This approach allows you to stay in control of the process while benefiting from professional oversight where it matters most.

A Cost-Benefit Perspective

From a practical standpoint, the question is not simply whether you can divorce without a lawyer, but whether doing so makes sense in the long term. Skipping legal advice may save money upfront, but it can lead to costly disputes later if financial issues were misunderstood or left unresolved. By contrast, a short consultation or document review is often far less expensive than correcting mistakes after a divorce is final.