Filing for divorce in Canada runs under the federal Divorce Act, through a court in the province or territory where you or your spouse resides. This guide covers the court process only: the breakdown grounds the Act states, the forms, filing, service, and the divorce order and certificate.
A divorce is the legal process a married couple must go through to end a marriage. Only married couples can get a divorce, and only a court can grant one. This guide describes the court process only: the federal rules, the forms, the filing, the service step, and the order and certificate at the end. It gives no legal advice, no outcome guidance, and no advice about whether a divorce, a separation agreement, or any other step suits your situation. Family-law advice should be sought from a family lawyer about your own circumstances.
The federal law is the Divorce Act. It sets the conditions for getting a divorce and addresses child support, spousal support, and parenting arrangements in divorce cases. Provincial and territorial laws may also apply to some issues, such as the division of marital property, and they govern married couples who separate without applying for a divorce and unmarried couples who separate. The court process itself — the forms, the filing route, the fees, the service rules — is set by the province or territory where the application is made.
Step 1: Confirm residence and the ground the Act states
Before anything is filed, two federal conditions must hold. At least one spouse must have resided in a Canadian province or territory for at least one year before applying for a divorce. If neither spouse lives in Canada, a divorce under the Divorce Act is not available, although Justice Canada notes that limited circumstances under the Civil Marriage Act may apply.
The second condition is breakdown of the marriage. The Divorce Act fact sheet states three ways breakdown is shown, and no others are added here:
- the spouses have separated and have lived apart for at least one year;
- one spouse has been physically or mentally cruel to the other, making it intolerable to continue living together;
- one spouse has committed adultery.
This guide states the three ways exactly as the fact sheet states them. It offers no commentary on which ground fits a situation, and no guidance on proving any of them. Those are questions for family-law advice.
Step 2: Decide which application shape fits, on the court's own terms
Courts distinguish a divorce-only application from an application that also asks the court to decide other family matters, and a sole application from a joint one. The distinction matters because it changes the forms and whether service is required.
In Ontario, the family court guide draws the line this way. A general application (Form 8) is used where the parties cannot agree and claims other than divorce are made, whether or not a divorce is also requested. A simple application (Form 8A) is used where the only claim is divorce and the spouses cannot agree. A joint application (also Form 8A) is used where both spouses agree to the divorce and agree on all other family law matters, including parenting time, decision-making responsibility, support, and property.
In British Columbia, the equivalent starting points on the Supreme Court family forms list are the Notice of Family Claim (Form F3) for a sole application and the Notice of Joint Family Claim (Form F1) where both spouses apply together and agree on how all issues are settled. Other provinces and territories use their own forms and their own names for the same distinction. Open the court forms page for your province or territory and work from the form the court itself names for your situation, rather than carrying a form number across a provincial border.
Where children are involved, one further federal rule belongs at this stage. A court can only grant a divorce if it is satisfied that reasonable child support arrangements have been made for any children of the marriage. The fact sheet states that parents agreeing on child support and parenting arrangements is the best outcome, and that the court can make orders on those issues as part of the divorce proceeding on request. This guide does not describe what arrangements are reasonable; that is family-law advice.
Step 3: Gather the documents the court asks for
The document every divorce filing turns on is the marriage certificate. Ontario's family court guide states the rule plainly: to get a divorce order, the original marriage certificate must be filed with the court, and the court will not grant a divorce until it is filed, unless the court is satisfied by the explanation in Form 36, the Affidavit for Divorce, for why the certificate cannot be obtained.
If the marriage took place in Ontario and the certificate is missing, a copy can be ordered from ServiceOntario or from the Registrar General of Ontario. If the marriage took place in another province or territory, the copy is ordered from that province or territory's government. If the marriage took place outside Canada and the certificate is not in English, Ontario requires a translation by a certified translator. British Columbia's desk order practice likewise starts from the original government-issued marriage certificate, with a court-certified translation where the certificate is not in English.
Other documents depend on the application shape and the province. Financial statements, parenting affidavits, and separation agreements enter the file where the claims made require them, and the court forms for the province name them. Prepare the documents the forms themselves ask for, in the order the court's checklist gives, and keep a copy of everything filed. Ontario's family court guide advises making three copies of completed documents: one to keep, one for the other party, and the original for the court.
Step 4: File the application at the right court
The application is submitted to a court in the province or territory where you or your spouse resides. Justice Canada's fact sheet states this as the filing rule, and the forms and procedures vary from one province and territory to another. Information on how to apply in a given province or territory is available from that province or territory's Ministry of Justice or Attorney General.
Filing is the step where the court assigns the case its file number and where the Central Registry of Divorce Proceedings is notified. Ontario's guide explains the registry step: the court electronically sends information to the federal Department of Justice's Central Registry of Divorce Proceedings to obtain a Clearance Certificate confirming that no other divorce cases have been started in Canada for the two spouses, and the court cannot grant the divorce until that certificate has been received. The same registry check applies across Canada; the court handles the notification, and the applicant does not contact the registry to start it.
Fees are a provincial matter, and this guide states only the Ontario figures, because those are the figures on Ontario's own fees page and regulation. The filing fee is $214, the fee for placing an application on the list for hearing is $445, and the federal Central Registry fee of $10 is payable with the application, for a total of $669. A certificate of divorce costs a further $25. Fee waiver arrangements exist in Ontario; the fees page and the court office state who qualifies. No fee figure for any other province or territory is stated in this guide. Check the court fees page for your province before filing, and do not carry the Ontario figures into another province's court.
Step 5: Serve the application, or skip service on a joint filing
Service is the step that most often stalls a sole application. The filed application must be delivered to the other spouse in the manner the court rules require, and proof of service must be filed before the case can move forward. Ontario's process uses an affidavit of service as that proof, and British Columbia's desk order package includes the affidavit of personal service (Form F15) where personal service was used.
A joint application changes this step entirely. Where both spouses sign and file together, there is no other spouse to serve, because both parties are already before the court. Do not serve documents on a spouse who has already signed the joint application, and do not skip service on a sole application on the assumption that the other spouse already knows. The court rules for the province state the service method, the time the respondent has to answer, and what happens if no answer is filed. This guide states no response-period figure, because that figure couldn't be verified on any province's official court rules page; read the period off the court rules or the forms for your province.
If the other spouse cannot be found, or refuses to accept service, the court rules provide a route to ask the court for an alternative method of service. That application is made to the court, on its forms, with the evidence the rules require. Do not improvise a substitute method and file as though service had happened.
Step 6: The order, the 31 days, and the certificate
Once the file is complete — application filed, service proved or not required, registry clearance received, and any other claims the application makes dealt with — a judge reviews the file and, if satisfied, grants the divorce. In an uncontested case the judge may do this on the papers, without a hearing; British Columbia calls this a desk order divorce. In a contested case the court hears the disputed issues under its own procedure, and this guide does not describe that hearing process.
The divorce takes effect 31 days after the judge grants it, in most cases. After the court grants the divorce, either former spouse can request a divorce certificate confirming the divorce and the date it took effect. The certificate is requested from the court that processed the divorce. If the court that processed the divorce is not known, the Central Registry of Divorce Proceedings may be able to give the address of the court and a reference number to help the court find the record, but the registry cannot give detailed information about a divorce or a copy of the certificate. Keep the certificate with the other family documents: it is the proof that the marriage has ended, and it is commonly needed to remarry.
Before you file: the checks that save a rejected application
Court staff cannot complete the forms for an applicant, and a form sworn or affirmed falsely is a serious matter. Ontario's family court guide states that some forms must be sworn or affirmed as true and signed in front of a commissioner for taking affidavits, that commissioners are available at family court offices and will commission forms for free, and that it is a criminal offence to swear or affirm a false or misleading affidavit. Sign only what is true, in front of the person the form requires, and check every date and name against the marriage certificate before filing.
Get family-law advice before deciding anything this guide describes. Justice Canada's fact sheet makes the same point: family law is complicated, a lawyer should be consulted about the specific situation even for a single meeting, and lawyer referral services through provincial and territorial bar associations may offer a brief consultation for free or at a reduced rate. Family justice services, including mediation, may help spouses settle some or all issues before going to court. This guide describes the court process; it does not replace that advice.
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