Uncontested Divorce

What is a Uncontested Divorce?

A mutual divorce (also called an uncontested or joint divorce) is when both spouses agree to end their marriage and agree on key issues such as property division, support, and parenting arrangements.

In Ontario, spouses may file a joint application for divorce under the Divorce Act (Canada). The court will still ensure that any arrangements for child custody (decision-making responsibility) and child support are in the best interests of the child and may refuse or vary terms that do not meet that standard.

Both parties must also satisfy the legal requirement of living separate and apart for at least one year, unless the divorce is based on other grounds recognized by law. Full financial disclosure is expected to ensure fairness and transparency in the agreement. A mutual divorce is generally faster, more cost-effective, and less stressful compared to a contested divorce. It allows both spouses to maintain greater control over the outcome rather than leaving decisions entirely to the court. Proper documentation and legal guidance can help ensure a smooth and efficient process.