Is It Possible to Have an
Amicable Divorce in Ontario?
Save money, save time, and protect your children. Turn your 'Kitchen Table Agreement' into a legally binding 'Joint Divorce' without ever stepping into a courtroom.
Legal Review: Expert-Verified Content
This guide to collaborative resolution was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Family Law Act requirements for domestic contracts and the Divorce Act provisions for joint applications.
The Quick Answer: Yes, via Joint Application
An amicable divorce is legally known as an Uncontested or Joint Divorce. It is absolutely possible if both spouses agree on all key issues: Child Custody, Support, and Property Division.
By signing a valid Separation Agreement first, you can file a Joint Application for Divorce, which allows the court to process your order faster, often without any court appearances.
Legal Authority:
Under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), Section 8.1, spouses may file a Joint Application when they have resolved all corollary relief issues (custody, support, property) through a written agreement.
Three Paths to Resolution
Choose the approach that matches your situation, budget, and relationship dynamics
The Kitchen Table
DIY Agreement
Cheapest but riskiest. If you skip financial disclosure or legal advice, the judge may reject it later.
Advantages
- •Lowest cost
- •Full control
- •Fastest timeline
Considerations
- •No legal protection
- •Risk of rejection
- •May miss key issues
Mediation
Assisted Negotiation
A neutral third party helps you reach a deal. Lawyers then formalize it. Ideal for parents who want to co-parent.
Advantages
- •Professional guidance
- •Preserves relationship
- •Legally sound
Considerations
- •Moderate cost
- •Requires cooperation
- •Takes more time
Collaborative Law
Team Approach
Both hire lawyers but sign a contract not to go to court. You negotiate a settlement in 4-way meetings.
Advantages
- •Expert support
- •Structured process
- •Comprehensive
Considerations
- •Higher cost
- •Requires commitment
- •Lawyers must withdraw if it fails
Not sure which path is right for you? Book a free consultation to discuss your specific situation and get personalized guidance.
Schedule Free ConsultationThe 'ILA' Safety Net
Why Independent Legal Advice is your insurance policy against future disputes
The Requirement
What ILA Means and Why It Matters
Independent Legal Advice (ILA) means each spouse consults with their own separate lawyer before signing a Separation Agreement.
Key Point:
One lawyer cannot represent both people. Even in an amicable divorce, each party needs independent counsel to review the agreement and explain their rights.
After reviewing the agreement, each lawyer signs an ILA Certificate confirming:
- The client understood the terms
- They were aware of their legal rights
- They signed voluntarily without pressure
- Full financial disclosure was provided
Legal Authority: Under the Family Law Act, R.S.O. 1990, c. F.3, Section 56(4), a court may set aside a domestic contract if one party did not receive independent legal advice.
The Risk
What Happens Without ILA
Without Independent Legal Advice, your entire agreement can be challenged and overturned—even years later.
Real-World Scenario:
You and your spouse draft a separation agreement at your kitchen table. You both sign it. Five years later, your ex-spouse hires a lawyer who argues: "My client didn't understand what they were signing. They gave up their rights to the matrimonial home without legal advice."
Result: The court can set aside the entire agreement.
Common Grounds for Setting Aside Agreements:
- No ILA: One party claims they didn't understand the terms
- Incomplete Disclosure: One spouse hid assets or income
- Unconscionability: The deal was so unfair it "shocks the conscience"
- Duress: One party was pressured or threatened into signing
The Bottom Line:
Skipping ILA to save a few hundred dollars now can cost you tens of thousands in legal fees later when the agreement is challenged. It's not worth the risk.
Protect Your Agreement with ILA
We can review your separation agreement and provide Independent Legal Advice to ensure it's legally sound and enforceable.
Book ILA ConsultationStep-by-Step: The Joint Divorce Process
Follow these five steps to turn your amicable agreement into a legally binding divorce order
Financial Disclosure
Exchange Form 13/13.1 to prove transparency
- Both spouses must complete a Financial Statement (Form 13 or 13.1)
- Attach supporting documents: tax returns, pay stubs, bank statements
- Disclose all assets, debts, income, and expenses
- This creates a paper trail proving full transparency
Draft Separation Agreement
Record terms for parenting and assets
- Document all agreed-upon terms in writing
- Include parenting schedule, decision-making authority
- Specify child support and spousal support amounts
- Detail property division and debt allocation
- Address special expenses (Section 7 costs)
Independent Legal Advice
Both parties review with counsel
- Each spouse consults with their own lawyer
- Lawyer explains rights, obligations, and consequences
- Lawyer signs ILA Certificate confirming understanding
- This step makes the agreement "bulletproof"
File Joint Application
Submit Form 8A together online. No service required.
- Both spouses sign Form 8A (Application for Divorce)
- File electronically through Justice Services Online (JSO)
- No need to "serve" the other party (you\'re filing together)
- Pay the court filing fee (currently $212)
- Attach your signed Separation Agreement
The Divorce Order
Received by mail in 3-5 months
- Court reviews your application and agreement
- If everything is in order, judge signs the Divorce Order
- No court appearance required in most cases
- Divorce becomes final 31 days after the order is granted
- You receive the Certificate of Divorce by mail
Expected Timeline
Steps 1-3
2-4 weeks
Preparation & ILA
Step 4
1 day
Filing online
Step 5
3-5 months
Court processing
Total time from start to finish: Approximately 4-6 months for an uncontested joint divorce.
Ready to Start Your Amicable Divorce?
We can guide you through each step, draft your separation agreement, provide ILA, and file your joint application.
Book Your Free ConsultationRelevant Laws & Statutes
Justice Canada - Joint Divorce Application
Official federal guidance on filing joint divorce applications
Ontario Association for Family Mediation
Find accredited family mediators in Ontario
Family Law Act - Section 56: Setting Aside Agreements
Legal framework for domestic contract enforceability
Legal Note: These external resources are provided for reference only. Always consult with a licensed family lawyer before making legal decisions.
Amicable Divorce FAQs
Significantly. An amicable divorce can save you thousands—sometimes tens of thousands—of dollars. By avoiding court motions, questioning (examinations for discovery), and trial preparation, you eliminate the most expensive parts of litigation. A typical contested divorce can cost $30,000-$100,000+ per party, while an uncontested joint divorce with proper legal advice typically costs $3,000-$8,000 total for both parties combined.
Still Have Questions? Every family situation is unique. Book a consultation to discuss your specific circumstances and determine if an amicable divorce is right for you.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor advocates for amicable resolutions, helping couples draft durable separation agreements that bypass the stress of litigation. With over a decade of experience in family law, she specializes in collaborative approaches that prioritize children's well-being and financial fairness while minimizing conflict.
View Full BioAgree on the Terms? Let Us Make It Legal.
Turn your kitchen table agreement into a bulletproof Separation Agreement with Independent Legal Advice—then file your Joint Divorce Application with confidence.
Serving Mississauga, Toronto, and the Greater Toronto Area (GTA)