How does an uncontested (simple or joint) divorce work in Ontario, step by step?

An uncontested divorce is one that nobody is fighting: both spouses file a joint application, or one spouse files a simple application and the other does not answer. Either way, a judge can decide on the affidavits and a draft order without a hearing, and the divorce takes effect on the 31st day after it is granted. A divorce-only application does not settle property, the mahr or support; those need a signed, witnessed separation agreement or a court order.

This page explains both routes and what each one leaves open. For the whole divorce process, see our page on divorce in Ontario. This guide covers Ontario and Canadian law only, not Iranian law; if you want an Ontario divorce registered in Iran, ask a lawyer in Iran.

Many Iranian-Canadian couples use the Persian term talagh-e tavafoghi and expect one step that settles everything, from the mahr to the children. In Ontario that takes two separate pieces. The divorce application ends the marriage. A separation agreement sets the money and the parenting arrangements. Doing only the first leaves the second unresolved. Our guide for Persian-speaking families in Toronto collects the related questions.

Joint or simple application: which is which?

How does an uncontested divorce work, step by step?

1. Check residence and separation. Either spouse must have been habitually resident in Ontario for at least one year immediately before the case starts (Divorce Act, s. 3(1)). On the separation ground, you must be living apart when the case starts and have lived apart for at least one year before the court decides (s. 8(2)(a)).
2. Put the other issues in writing. Spouses who have lived together and now live apart can agree on property, support, the education and moral training of their children, decision-making responsibility, parenting time and any other matter (Family Law Act, s. 54). The agreement is enforceable only if it is in writing, signed by both and witnessed (s. 55(1)).
3. Prepare the forms. For a joint application, the Ministry of the Attorney General's guide lists Form 8A signed by both, a Continuing Record, the original marriage certificate, a Form 36 affidavit for each spouse signed before a commissioner for taking affidavits, a typed draft divorce order (Form 25A) with everything you agreed and want in the order, and two stamped envelopes. A simple application starts with Form 8A, the Continuing Record and the marriage certificate.
4. File and pay. The fee on filing an application at the Superior Court of Justice is $214, plus the federal $10 Central Registry of Divorce Proceedings fee. A fee waiver may cover the Ontario fees but not the federal one.
5. Serve, for a simple application. A friend, relative or process server who is at least 18 delivers the papers by special service and swears an affidavit of service (Form 6B). Then the answer period runs. If your spouse lives abroad, see how to serve divorce papers on a spouse in Iran or abroad.
6. File the affidavit for divorce. Once the answer period has passed with no answer, the applicant files Form 36 with three copies of the draft order and stamped envelopes (r. 36(5.1)(a) and (6)). If the order includes support, add the extra copy and the draft support deduction order (r. 36(6)(c)).
7. Registry check. The court obtains a clearance certificate electronically from the federal Central Registry of Divorce Proceedings; no divorce is granted until it arrives (r. 36(4); Ontario guide).
8. The judge reviews the papers. The clerk prepares a certificate (Form 36A) and presents the documents to a judge, who may grant the divorce as drafted, return the papers for corrections, or change or refuse the order after giving you a chance to file more evidence or come to court (r. 36(7)).
9. The divorce takes effect. On the 31st day after the judgment (Divorce Act, s. 12(1)). Then either of you can ask the clerk for a divorce certificate (Form 36B) (r. 36(8)); see how to get a divorce certificate in Ontario.

What are the court fees?

The schedule describes each fee by the step that triggers it, and the court office can tell you which steps apply in your case. If you cannot afford the fees, Ontario's fee waiver applies to most court fees from the point it is granted, but the government's fee waiver page lists the federal Central Registry fee among the fees it does not cover. Lawyer and translation costs are separate; see what a family law case costs in Toronto.

What does the court need about the children?

Even when both spouses agree, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage, having regard to the child support guidelines; if not, it stays the divorce until they are made (Divorce Act, s. 11(1)(b)). That is why the Form 36 affidavit must set out the arrangements for child support and attach the income information required by section 21 of the guidelines (r. 36(5), para. 4).

Parents can agree on an amount different from the guideline table, with the court's approval, if reasonable arrangements have been made for the child (s. 15.1(7)). The court has regard to the guidelines but does not treat the arrangement as unreasonable only because the amount differs (s. 15.1(8)). How the guideline amount is worked out is explained on our page on child support in Ontario.

What does a divorce-only application leave open?

If your marriage certificate includes a mahr, say clearly in the agreement what happens to it: paid in full, paid in part, or waived. How Ontario courts treat it is explained in whether a mahr is enforceable in Ontario. The other conditions printed in Iranian marriage certificates, such as the half-of-assets clause, are covered in how Ontario treats Iranian marriage certificate conditions. Signing is not always the end: a court can set aside an agreement or a term if a spouse failed to disclose significant assets or debts that existed when it was made, did not understand its nature or consequences, or otherwise under the law of contract (Family Law Act, s. 56(4)). That includes assets in Iran; see whether property in Iran counts in Ontario.

Do you have to go to court or attend an information session?

In an uncontested divorce, a hearing is usually not needed, because the judge decides on the affidavits and the draft order; the judge can still ask for another affidavit or for you to attend (r. 36(7)). The Mandatory Information Program does not apply to cases proceeding on consent, or to cases in which the only claims are for a divorce, costs or the incorporation of an agreement or prior order (r. 8.1(2)(c) and (d)). The Divorce Act still expects the parties, where appropriate, to try to resolve matters through a family dispute resolution process such as negotiation or mediation (ss. 2(1) and 7.3).

Where you file depends on where you live. In Toronto, divorces are heard at the Superior Court; see the family court at 361 University Avenue. Other family claims can go to a different courthouse, as explained in which Toronto family court handles your case.

What if one of you changes their mind?

In a joint application, the divorce and every other order can be made only with both spouses' consent (r. 36(2)). If one spouse no longer agrees, that route stops. Either spouse can then file their own application naming the other as respondent (r. 36(1)), and the case goes forward with service and an answer period. So be sure of the final agreement before anyone signs anything.

What changes the answer?

• Children. Without reasonable child support arrangements, the divorce is stayed (Divorce Act, s. 11(1)(b)).
• Residence. If neither spouse has one year of habitual residence in Ontario, an Ontario court cannot hear the divorce yet (s. 3(1)).
• Full disclosure. Hiding a significant asset or debt can lead to the agreement being set aside (Family Law Act, s. 56(4)).
• Religious divorce. If removing barriers to the other spouse's religious remarriage was a consideration in the agreement, the court can set aside all or part of it (s. 56(5)); see religious divorce and an Ontario divorce.
• Timing of property claims. An equalization claim must be brought before the earlier of two years after the divorce or six years after separation (s. 7(3)).
• Special circumstances. If both spouses agree and undertake not to appeal, the court can make the divorce take effect earlier than the 31st day (Divorce Act, s. 12(2)).

A worked example

For example, imagine Sara and Kaveh, who married in Tehran, have lived in North York for five years and have a seven-year-old son. They have lived apart since last winter and have agreed on everything. Each takes independent legal advice. They write a separation agreement that deals with the home, the accounts, guideline child support, a parenting time schedule and what happens to the mahr, and both sign it before witnesses. They then file a joint application on Form 8A; each signs their own affidavit for divorce, and the draft order includes the terms about their son. Once a full year of separation has passed and the registry clearance has arrived, a judge decides on the papers. If Kaveh had refused to sign, Sara could have filed a simple application and served him instead. This is a hypothetical walk-through, not a prediction of any result or timing.

What mistakes do people make?

1. Assuming the uncontested divorce also ends the mahr question. A divorce-only application decides nothing about the mahr.
2. Relying on a spoken or unsigned agreement. A separation agreement must be in writing, signed by both and witnessed (Family Law Act, s. 55(1)).
3. Not mentioning assets or debts in Iran. Failing to disclose significant assets or debts can put the agreement at risk.
4. Leaving property for later. The two-year limit after the divorce is easy to miss; see the deadlines in an Ontario family case.
5. Serving the papers yourself on a simple application. Someone else must do it (r. 6(4.1)).
6. Remarrying before the divorce takes effect. The divorce is effective on the 31st day after the judgment, not the day it is granted.

What to do this week

1. Write down the exact date you separated.
2. List what needs agreeing: the mahr, the home, accounts, debts, support and the children.
3. Gather both spouses' financial documents, including any property or accounts in Iran.
4. Find the original marriage certificate and arrange a certified English translation if it is not in English.
5. Read the first-week separation checklist.
6. Get legal advice before signing any agreement.

Frequently asked questions

Can we get an uncontested divorce without a lawyer?

The Family Law Rules allow a party to act in person (r. 4(1)(a)), and the Ontario guide points to Family Law Information Centres for help with the forms. A separation agreement about the mahr, property and children has long-term effects, so independent advice for each spouse is wise.

Is a joint application possible if my spouse is in Iran?

The residence requirement only has to be met by one of you (Divorce Act, s. 3(1)). But both of you must sign the application, and each must sign their own affidavit before an authorized official. How that is done outside Canada should be checked with a lawyer before you start.

Can we agree on child support below the table?

The court can approve a different amount on consent if it is satisfied that reasonable arrangements have been made for the child (Divorce Act, s. 15.1(7)). It does not treat the arrangement as unreasonable just because the amount differs from the table (s. 15.1(8)).

Do we have to file our separation agreement with the court?

No, but either party may file it with the clerk of the Ontario Court of Justice or the Family Court, with an affidavit that it is in effect (Family Law Act, s. 35(1)). Once filed, its support terms may be enforced and varied under the Act (s. 35(2)).

Does the uncontested divorce take longer if the other spouse does not answer?

The answer period has to pass first: 30 days, or 60 days if your spouse was served outside Canada and the U.S. (r. 10(1) and (2)). After that, the steps are the same as in a joint application.

When can I remarry?

Only after the divorce takes effect, on the 31st day after the judgment unless the court has ordered an earlier date (Divorce Act, s. 12(1) and (2)). The divorce certificate is the proof of that date.

Related questions

If you married in Iran, the documents you need for the application are explained in married in Iran: can you divorce in Ontario.

Sarbazevatan Law acts for spouses on uncontested and joint divorces and separation agreements, in English and Persian (Farsi). Call +1 (416) 628-2041 or reach us through the contact page.