What are The Documents Needed for A Joint Divorce in Canada?

Disclaimer: This blog is only intended for educational purposes and shouldn't be used as a substitute for legal advice.

Ending a marriage is not the first choice for any couple, but sometimes, it is unavoidable. Suppose you have come to a point where divorce seems the only way out of an unhappy situation. In that case, it is best to make it as civil and easy for both parties involved as possible.

A couple in an argument.




What is A Joint Divorce?

Divorce can be sought by filing a joint petition on behalf of both parties. A joint petition for the dissolution of marriage may be an option for couples seeking an uncontested or no-fault divorce, depending on the state in which they reside.

The petitioner files a divorce petition with the court, and the respondent must answer it. The spouses are referred to as Co-Petitioners when the petition is submitted jointly. The husband and wife file a joint petition with the court, which both sign. Both parties agree that no one is to blame for the divorce.

Document Requirements

The following documents are required to apply for a joint divorce.

1. Form 8A: Divorce application to be completed by both spouses.

2. Form 36: Divorce Affidavit signed and dated by both spouses in front of a commissioner qualified for affidavits.

3. Form 25A: Divorce order can be completed online by both spouses and needs to include all matters requiring a court order.

4. A copy of the marriage certificate must be attached

5. Form 35.1: Custody or Access Request Affidavit by the spouse making the request, signed in the presence of a qualified commissioner authorized to conduct custody or access requests.

6. Child or Spousal Support Forms must be completed if either spouse seeks spousal or child support.

7. Form 13: Before a commissioner is qualified to administer oaths, the spouse must submit an official financial statement (Support Claims).

8. Deduction Order: to be filled, signed, and dated by both couples

The court's processing period can range from a few weeks to a few months after submitting the necessary paperwork. The court then issues a divorce decree and certificate upon the request of either of the divorcing parties.

Contact a Family Lawyer

The first step is for any divorce is to meet with a family lawyer to learn about your legal rights and obligations. Both of you may be eligible for spousal or child support, as well as property, assets, or pensions that you're unaware of at this point. You may also be obligated to pay spousal or child support or assume some financial responsibility. Unless all of these issues have been resolved, the court is unlikely to grant a divorce.

Nanda and Associate Lawyers are one of the best-rated Canadian immigration consultants. They have a team of divorce lawyers dedicated to providing a personalized approach to each client's unique situation. Divorces involving more than one spouse can be difficult to manage without the assistance of an experienced divorce attorney.

Please book a consultation with them today to learn more.

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