Uncontested Divorce

Article by Erin Burns

Ending a marriage is a major life change, but if you and your spouse have finalized a Separation Agreement, the steps toward divorce are often simpler than expected. With the hard work of reaching an agreement behind you, the last step is to complete the divorce to officially dissolve the marriage.

From Separation Agreement to Divorce

A Separation Agreement resolves the key issues between separating spouses, such as determining parenting arrangements, child support, spousal support, and dividing property. However, it does not actually dissolve the marriage. To be legally divorced, you still need to go through the Court process, even when everything is agreed upon.

In Canada, the most common ground for divorce is one year of separation. Once that year has passed, either spouse, or both together, can apply to the Court for a divorce.

What to Expect from the Court Process

In an uncontested divorce, you usually do not have to appear in Court. A judge reviews the Application, and provided all requirements are met, issues a Divorce Order.

Once the Divorce Order is granted, it becomes effective after 31 days. After that time has passed, either spouse can request a Certificate of Divorce, which is the official proof that the marriage has been legally dissolved.

There are some situations in which the Court will not grant a divorce or will require additional information from the parties before granting a divorce. Before granting the divorce, the Court will need to be satisfied that any children of the marriage are receiving proper support.

Moving Forward

Once the divorce is finalized, it is a good time to update your will, powers of attorney, and beneficiary designations on insurance policies and registered accounts.

An uncontested divorce, backed by a strong Separation Agreement, is one of the most straightforward ways to bring a marriage to a close while preserving a respectful relationship, which is especially important when children are involved. Even though the process is simpler than a contested divorce, it still includes important legal steps. Working with an experienced family lawyer can help ensure the divorce is finalized properly and that you are well-protected as you move on to the next chapter.

If you would like to proceed with an uncontested divorce or have questions about the process, please contact the Family Law team at Cohen Highley.