Are you looking to get divorce papers in Canada?

Divorce can be a challenging and emotionally draining process, but starting with the right paperwork can ensure a smoother legal process. For anyone considering divorce in Canada, it is crucial to understand the necessary paperwork and how to obtain it.

First, you will need to determine the appropriate court that handles divorce proceedings in your province or territory. While divorce is a federal matter in Canada, each province and territory has its own court system that oversees divorce proceedings, and the requirements for obtaining divorce papers may vary.

Accuracy and completeness

Once you have identified the appropriate court, you can obtain the necessary forms to begin the divorce process. These forms can be accessed online or at the courthouse and will ask for basic information about you and your spouse, including names, addresses, dates of birth, and reasons for the divorce. The forms will also require information about any children you may have.

Accuracy and completeness are essential when filling out these forms. Any errors or omissions can delay the divorce process and lead to additional legal fees. If you are uncertain about how to fill out the forms, it is wise to seek legal advice from a family law attorney.

After completing the forms, you will need to file them with the court and pay a filing fee. The cost of the filing fee can vary depending on the province or territory and can range from a few hundred to several thousand dollars. If you are unable to afford the fee, you may be eligible for a fee waiver or reduction. You can check with the court clerk or a family law attorney to determine if you qualify.

File the divorce petition

Once the forms are filed, you will need to serve them on your spouse, which means they must receive a copy of the forms and be given the opportunity to respond. This can be done through mail, in-person delivery, or by a process server, depending on the circumstances. Your spouse will have a certain amount of time to respond to the divorce petition, and failure to respond can result in a default judgment.

After all necessary paperwork has been filed and served, the divorce process can move forward, which may include mediation or a court hearing to determine issues such as child custody, support, and property division. The timeline for completing the divorce process can vary depending on the complexity of the issues involved, but it typically takes several months to a year to finalize a divorce in Canada.

Obtaining divorce papers in Canada involves identifying the appropriate court, filling out the necessary forms, filing them with the court, serving them on your spouse, and moving forward with the divorce process. While the paperwork may seem daunting, it is an essential step in ensuring that your divorce is handled legally and efficiently. Seeking legal advice from a family law attorney can provide the necessary guidance for any questions or concerns about the process.

Getting divorce papers

You can talk yourself into being in love, in only 45 minutes.

Psychologist Arthur Aron of Stony Brook University recommends asking your potential life partner 36 questions and then spending four minutes gazing into each other’s eyes.

In Canada, there are two documents or papers you need to think about when going through a separation.

A separation agreement
Filing for the divorce (court documents)

People often ask about divorce papers and we are not sure which documents they are asking about.

Normally the separation agreement is done first, and then the divorce is filed after. It is possible to work on both at the same time.

If the marriage took part in another country, things can get very complicated. If this is the case, getting the divorce approved can go on for many years.

A separation agreement sets out the agreement between the two spouses on various issues

Spousal support
Child support
Division of assets
Child custody

The courts will have to agree on the agreement that involves the child. The courts will want to see that the child’s needs were taken care of in the separation agreement.

Filing for divorce normally takes 4-6 months to get approved by the courts. For the most part, the spouses will need to have been separated for a year to get their divorce approved.

There are many people that want to rush divorce papers, and it’s not a good idea. Proper planning with a family lawyer can resolve expensive issues that can come up years after the divorce if not done right.

If you are looking to get divorce papers in Canada, it’s better to do it right the first time.

How To Get Divorce Papers in Canada

Love is a wonderful thing, as Aron and Catron would agree.

But what happens when love goes wrong?

As one Ontario couple discovered, falling out of love has consequences.

“Paul” and “Kim” met in 2011, went into business and moved into Kim’s home in a toney Toronto suburb in 2012. Six years later, their love and business relationship had stalled.

In the Ontario Superior Court of Justice (ONSC), the couple disagreed on who owned or owed what.

You can get divorce papers in Canada by hiring a family lawyer to create a separation agreement.

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Paul claimed their first spa was bought jointly for $18,000 in 2011 and sold later that year for a $20,000 profit.

Kim had leasehold and purchase agreements showing she was the sole owner, buying the spa for $31,500 in the spring of 2012 and selling at the end of that year for $35,000.

She terminated the business insurance in January 2013. Her profit was significantly less, only around $4,000.

Learn more: Separation Agreement, What Is It?

Their next spa purchase was more complicated. Kim agreed Paul had signed the purchase agreement, but only because her English was poor.

She said she was always the sole owner. Although the lease listed her as a sole proprietor, a banking agreement was in both their names.

It showed Paul as vice president and gave him joint signing authority. Kim said this was to enable Paul to help her with banking.

If you are trying to get divorce papers in Canada, contact us.

The lawyers can create a separation agreement (divorce papers) for you.

Finding A Family Law Firm

The couple diverged when it came to a bank document that listed the new spa as a partnership. Kim testified Paul had forged her name.

A bank employee who apparently witnessed their signatures was not in court. Paul said he had paid $5,000 towards the new business. Kim disputed that.

Where Kim had documents, Paul produced little or contradictory evidence. He agreed Kim managed the spa.

In turn, he claimed to have kept the books, handled the banking, helped with the website and cleaned and renovated the spa from 2012 to 2017.

The master business licence was murky. Paul produced two, one showing Kim as a sole proprietor and the other showing the pair were partners.

Becoming Common Law in Canada

By the fall of 2013, the couple had relocated to Mississauga. Kim produced evidence that she owned and paid for their new home. Just before closing the deal, Paul and Kim signed a common-law partnership agreement. The key points were simple. They:

voluntarily signed the agreement,
did so to set out the status, ownership and division of current and future properties,
had independent legal advice, and
had fully disclosed their assets and liabilities.

Only properties they shared jointly would be subject to being divided if the couple split up.

Property Paul or Kim owned themselves and any income from those were excluded. They could, however, gift or transfer any of their assets to their common-law partner.

Counting your assets

Now husband and wife under common law, Paul and Kim brought a list of assets to the court. Kim owned the Mississauga home, a vehicle, bank accounts, insurance and jewelry.

Except for the house, Paul had similar property. But Paul testified he had been pressured into the common law agreement.

With their relationship ended, he asked to be compensated for the time and effort he spent renovating Kim’s home.

Once again, Paul lacked evidence or witnesses. Kim said she gave Paul cash to pay tradespeople to do the work.

His contribution, she said, was mowing the lawn, shovelling snow and fixing some stairs.

Paul was at work when the renovations occurred, and she paid for them from her savings and a credit line. Unlike Paul, Kim had receipts.

Get Divorce Papers In Canada- Family Lawyers

Moreover, Kim alleged Paul had stolen $160,000 earned by the spa business from their joint safety deposit box. Bank records showed Paul entered the box regularly.

Kim’s only access was in the summer of 2017 when she discovered the alleged theft. Paul disagreed on how much was in the box and said he had withdrawn $43,000 for safekeeping.

The court ordered this money paid to it until the dispute was concluded.

It was up to the court to decide:

if the couple’s common law agreement was binding,
and if so, if the contract upheld Paul’s claim for compensation, co-ownership of the spa and the $43,000.

Is The Common Law Contract Valid?

Like any contract, a domestic contract, and any agreement to amend or rescind it, can only be enforced if signed.

And in this case, witnessed. While Paul didn’t dispute the contract existed, he said it had since been amended “by the parties’ conduct”.

He had not consulted a lawyer before signing it or even reading the contract in depth before going to court. The contract was signed under duress, he said, although he couldn’t explain how so.

As the judge explained, signing a contract without “any degree of scrutiny” didn’t mean Paul wasn’t bound by it.

It is up to common-law partners to read over a domestic contract and understand its consequences. Clearly, Paul’s claim of duress wasn’t supported by the evidence.

If you want to get divorce papers in Canada, you can reach out to us via the live chat function in the bottom right of the screen.

What Is Duress?

The court recognizes duress when one party has “no realistic alternative” but to submit to another’s demands. Being coerced, intimidated or having illegitimate pressure applied are all duress.

Paul had freely and voluntarily signed and had not indicated being under financial pressure at the time. He hadn’t signed simply to have a place to live nor did he fear Kim.

As for his argument, the contract was altered over time, any changes must be written, signed and witnessed. Since that didn’t happen, Paul lost that argument.

The court decided the contract was binding. Lacking a paper trail, Paul also lost his claims to shared ownership of Kim’s home and business.

Get Divorce Papers In Canada

Whether Kim unjustly enriched herself by having Paul work at the spa or renovate her home was the subject of another day. The court ordered a mini, one-day trial to decide those issues.

If Paul could provide evidence, he might be able to argue his case.

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Get Your Divorce Started: The Paperwork You Need in Canada