A joint divorce is a simplified, affordable approach where both parties agree to end their marriage. Both spouses are aligned on the terms of their separation and are ready to settle matters peacefully and cooperatively.
If parties don’t agree on certain terms, they may hire a mediator to resolve issues before filing for a joint divorce. In Ontario, courts encourage joint divorces when possible, because it empowers families to settle their matters independently.
It is often recommended over a simple divorce because it covers all key issues in one streamlined process, unlike a simple divorce, which only ends the marriage without resolving matters like property division, custody, or support.
How are assets divided in a Joint Divorce?
In Ontario, assets are divided using the “equalization of net family property” approach. Both parties must disclose their finances, including debts, properties, pensions, and investments. According to law, each spouse gets to keep assets and properties they owned before marriage, while any assets accumulated during the marriage are divided equally. Inheritances and gifts are exceptions.
Applying for a Joint Divorce
Once negotiations are done, you can apply directly with your local court. Here’s how it works:
- Both spouses sign a Form 8A, which includes your agreement on custody, support, and property division.
- Each spouse must submit detailed financial statements, showing assets, debts, and income along with the form.
- Submit your joint application and supporting documents to your local Ontario Superior Court of Justice and pay court fees.
- The court typically takes 6-8 weeks to process your divorce order, which becomes final 31 days after it’s granted.
While hiring a lawyer is optional for a joint divorce, legal counsel shortens the process. Our family lawyers in Whitby can help you review the documents and make sure they comply with Ontario divorce laws.
Reach out for a free consultation today.