Stages of Divorce in Canada
Divorce in Canada can be a complicated process if the couple does not agree. Divorce is divided into several key stages. Here is a simple overview:
Separation:
- This is the initial stage where you and your spouse decide to live separately.
- In Canada, there’s no legal requirement for a formal separation agreement, but having one can clarify issues like finances and child custody during the divorce process.
Read more Stages of Divorce in Canada: Divorce in Canada
Initiating the Divorce Proceedings:
- Eligibility: To file for divorce in Canada, you and your spouse must be legally married and one of you must have lived in Canada for at least a year before filing.
- Grounds for Divorce: The only ground for divorce in Canada is marriage breakdown. You can prove this by showing you’ve lived separate and apart for at least one year.
- Starting the Application: One spouse files a divorce application with the court in the province or territory where they or their spouse resides. The application outlines the reason for divorce and any initial proposals for child custody and spousal support (if applicable).
Responding to the Application:
- The other spouse receives the application and responds by filing an “Acknowledgement of Service” form. This confirms they received the documents.
Read more Stages of Divorce in Canada: Divorce and children in Canada
Negotiations and Disclosure:
- This stage involves reaching agreements on issues like property division, child custody, and spousal support (if applicable).
- “Uncontested” vs. “Disputed” Divorce: If both spouses agree on all issues, the process is considered “uncontested” and can be faster and less expensive. In “contested” divorces, where there are disagreements, negotiation with the help of lawyers or mediators is often necessary.
- Financial Disclosure: Both spouses are required to disclose their financial information to ensure fair settlements.
Obtaining a Decree Nisi:
- Once agreements are reached or a court makes decisions on contested issues, the applicant can apply for a “Decree Nisi”. This is the first court order that declares the marriage is over, but you are not legally single yet.
Read more Stages of Divorce in Canada: Affidavit Lawyer in Canada
Waiting Period:
- There’s a mandatory waiting period of one year after the Decree Nisi is granted before applying for the final divorce decree.
Finalizing the Divorce – Decree Absolute:
- After the waiting period, you can apply for the “Decree Absolute”. This is the final court order that officially dissolves the marriage and makes you legally single.
Additional Considerations:
- Legal Representation: Consulting with a divorce lawyer is recommended, especially in contested divorces. They can guide you through the process, ensure paperwork is completed correctly, and advocate for your best interests.
- Alternative Dispute Resolution (ADR): Mediation or arbitration can be used to reach agreements outside of court, which can be faster and less expensive than litigation.
- Parenting Arrangements: If you have children, creating a parenting plan outlining custody and access is crucial.
Read more Stages of Divorce in Canada: Navigating Divorce in Canada
