I Want A Divorce

There are two components to ending a marital or common–law relationship: Separation and Divorce. People often combine these two components, but they are not one in the same.

Separation

A "separation" is when a couple decides to live apart due to a relationship break down. The couple may be married, or may not be married but living together like a common-law relationship.

Divorce

A "divorce" is when a court legally ends a marriage. Only legally married couples can divorce. A common-law relationship does not require a divorce.

Separation Agreement

A separation agreement is a legally binding, detailed agreement governed by Provincial laws that uncouples all of the financial connections between two people (Married or Common Law) in addition to clearly detailing the terms that the couple has agreed to in regards to the following areas:

  • Division of what you own and what you owe
  • Co-Parenting plans
  • Child support details
  • Spousal support arrangements

A clear and detailed Separation Agreement provides you a strong framework for the future. It will help you to avoid issues going forward and it gives you a Clean Break™ to move on with the rest of your life.

Don't have a separation agreement? We can help! Contact us for more information.

Divorce

A divorce is the legal ending of your marriage; it is governed by Federal law and must be approved by the court. There are two types of divorce: Uncontested & Contested.

Uncontested

Uncontested divorce occurs when one spouse files an application for divorce and the other spouse does not file an answer. This fundamentally states that on failing to file an answer, the spouse does agree with the divorce. In an uncontested divorce, the spouses agree on the terms of the divorce, which most often does not require the parties to go to court. For an uncontested divorce to be valid, the parties must have resolved all issues such as child custody and access, and child and spousal support through a separation agreement or court order. An application for divorce may be submitted before the courts one year after the separation date, or earlier if there are grounds for mental and physical cruelty, or when a signed affidavit admitting to adultery is filed (consult a lawyer first).

Contested

A contested divorce occurs when the spouses disagree on some or all of the issues within the divorce. Most commonly, these disagreements include child and spousal support, division of the financial gains/loss accumulated during the marriage, and parenting schedules. Both parties then must set out their positions and views on the issues in dispute. Contested divorces may be settled a number of ways, for instance outside of court, using mediation/negotiation professionals, or through formal divorce procedures.

Uncontested divorces are generally faster and more efficient in terms of less stress and cost; whereas contested divorce is generally longer and more costly.

A person can remarry as soon as a divorce judgement has been granted.

Don’t have a separation agreement? We can help! Contact us for more information.

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