Joint Divorce Application Checklist Ontario | Step-by-Step Guide

Checklist for Ontario Joint Divorce Application

Filing a joint divorce in Toronto involves meeting specific legal criteria, gathering the correct documentation, and following proper court procedures. Let’s break it down into manageable steps:

Eligibility Requirements

Before you begin your application, make sure you and your spouse meet the following criteria:

• Residency Requirement: At least one spouse must have lived in Ontario for a minimum of 12 months before filing.
• Legally Recognized Marriage: Your marriage must be legally valid in Canada or in the country where it took place.
• No Reasonable Chance of Reconciliation: Both parties must agree that the relationship has broken down permanently.
• Agreement on All Key Issues: This includes child custody and access, child and spousal support, division of property, and debt settlement.

Completed Forms and Documents

To proceed with a joint divorce in Ontario, both spouses must prepare and sign the required forms. These documents ensure the court has all the necessary information to process your application correctly:

• Form 8A: Application (Divorce) – Joint
  Indicates that both parties are applying together and agree on all terms of the divorce.
• Form 36: Affidavit for Divorce
  Confirms the grounds for divorce (typically one year of separation) and outlines arrangements for any children involved.
• Form 25A: Divorce Order (Draft Order)
  A proposed version of the divorce order for the judge’s review.
• Marriage Certificate (Original or Certified Copy)
  Proof that the marriage was legally recognized. If married outside of Canada, a certified translation is required if the certificate is not in English or French.
• Separation Agreement (Optional but Helpful)
  A written agreement outlining how issues such as property division, spousal support, or parenting have been resolved. This is not required but can support your case.
• Birth Certificates (If Children Are Involved)
  Needed to confirm the full legal names and dates of birth of the children for custody and support arrangements.
• Financial Disclosure (If Support Is Involved)
  If there are claims for child support or spousal support, each spouse should provide complete financial disclosure to ensure fairness and legal compliance.

Parenting After Separation Requirements (If Children Are Involved)

You’ll need the following:

• Parenting Plan Outlining Custody and Access
  This document explains how parenting time and decision-making responsibilities will be shared between the parents. It should cover where the child will live, how holidays will be divided, and how major decisions will be made.
• Child Support Guidelines Table
  Ontario uses a federally mandated table to determine the appropriate amount of child support based on the payor’s income and number of children. You may need to include calculations or the applicable table value.
• Proof of Child Support Arrangements (If Applicable)
  Include documentation showing how child support will be paid and received, such as details outlined in your separation agreement or recent pay stubs and bank statements.
• Confirmation of Participation in the Parenting Information Session
  Many Toronto courts require divorcing parents to attend a Parenting Information Session, which educates parents on the impact of separation on children and encourages cooperative co-parenting. Proof of completion must be submitted with your application.

Filing and Fees

Once all your forms are complete and signed, the next step is to file your joint divorce application at the appropriate court and pay the required fees. Here’s what you need to know when filing in Toronto:

• Filing at the Ontario Superior Court of Justice – Toronto Location
  Submit your documents to the Superior Court of Justice in Toronto. You can file in person at the courthouse or online through the Justice Services Online (JSO) platform, which allows for electronic submission of divorce applications.
• Pay Court Filing Fee (Approx. $632 Total as of 2025)
  The total fee for a joint divorce is currently around $632, typically paid in two instalments:
  • $224 when filing the application
  • $408 when requesting the divorce order
• Option to Request a Fee Waiver if Eligible
  If you are experiencing financial hardship, you may qualify for a fee waiver. Complete a Form 13: Fee Waiver Request and submit it with your application.
• Keep Copies of All Submitted Forms
  Make and keep two sets of copies of all documents for your personal records. You may need them later for reference or to request your Certificate of Divorce.

Service and Confirmation

In a joint divorce, both spouses are co-applicants, which simplifies the process significantly. Here’s what you need to know about what happens after filing your application:

• No Service Required in Joint Divorce
  Since both parties file together, there is no need to serve documents to one another. This eliminates the need for affidavits of service or additional procedural steps required in contested divorces.
• Submit Form 36 (Affidavit for Divorce) After Application Is Filed
  This form confirms that the marriage has broken down and that there is no reasonable prospect of reconciliation. It also affirms that parenting arrangements and support (if applicable) are in place. You may submit it along with the application or shortly after.
• Final Divorce Order Granted After Mandatory 31-Day Waiting Period from Date of Judgment
  Once the judge approves your divorce and issues the Divorce Order, it becomes final 31 days later. Only after this waiting period can you apply for a Certificate of Divorce, which legally confirms the end of the marriage and may be required for remarriage or government records.

Common Mistakes to Avoid in Joint Divorce Ontario

To help ensure a smooth process, watch out for these common mistakes:

• Missing or Incomplete Forms
  All required forms—such as Form 8A, Form 36, and Form 25A—must be filled out completely and accurately. Double-check each section and ensure both spouses have signed where needed.
• Not Including a Certified Marriage Certificate
  A certified or original marriage certificate is mandatory. If your certificate is from outside Canada and not in English or French, you must include a certified translation.
• Failing to Meet Residency Requirement
  At least one spouse must have lived in Ontario for a full 12 months prior to filing. If this requirement isn’t met, the court will not accept your application.
• Incorrect Child Support Calculations
  If children are involved, child support must comply with the Federal Child Support Guidelines. Incorrect or missing calculations can cause your application to be flagged or rejected. Always use the official tables and include proof of income when necessary.