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Need more answers to your questions? Contact Alternative Legal Solutions |
| Due to the changes in the laws, many people are not aware of the legal consequences that now arise from marriage and separation. |
| The list of questions and answers below were designed to acquaint you with these laws and set out your rights and obligations in general terms. They may be used as a basis for further discussion and suggest the best course of action when confronted by typical family problems. |
| What is an "uncontested" or "no-fault" divorce? |
| This type of divorce allows both parties to represtent themselves. You do not require costly court appearances or the expense of firing a lawyer for representation. |
| Do I need a reason to get divorced? |
| The only reason you need for a divorce is marriage breakdown. The law accepts that there has been a breakdown of your marriage if: 1. Adultery; Either spouse may petition for divorce on the basis that the other has committed adultery. 2. Physical or Mental Cruelty; Cruelty that makes the continued co-habitation of the spouses intolerable. 3. You and your spouse have lived separate and apart for at least 1 year (in some circumstances, spouses can be living separate and apart even though they still live under the same roof) |
| Do I have to wait until I have been separated 1 full year? |
| A divorce can be granted without waiting for I year of separation if you can prove that your marriage has broken down because of 1., 2., or 3. above. |
| Once the grounds for divorce are outlined above are demonstrated the court almost always grants a divorce order. However, the court has the power, under certain circumstances, to refuse to grant a divorce; - known as a bar to divorce. What is a bar to divorce? 1. Collusion: any agreement to fabricate or suppress evidence to decieve the court; 2. Condonation: if the parties have continued to cohabit for more than 90 days since the adultery or cruelty took place; 3. Connivance: one spouse has encouraged the other spouse to commit acts of cruelty or adultery in order to establish grounds for divorce. |
| Can the Court refuse to grant a divorce? |
| Who can apply for the divorce? |
| Either of you can apply, or you can make a joint application. |
| When do we decide about support, property, or who gets the children? |
| You can decide these things as soon as you separate. If you and your spouse can agree about them, you can put them into a Separation Agreement. Agreements are treated seriously by the court. They can include custody of the children, financial support for you and your children, the division of any property you have - including such things as pension benefits, who gets to stay in the home - or if the home will be sold, and who will pay family debts, or how they will be divided. |
| If we try to get back together, but it does not work out, do I have to wait another full year? |
| No. You can get back together again for 1 period of no more than 90 days, or for several periods of no more than 90 days. This time is counted as part of the time you are separated allowing you to try to repair your marriage without being penalized if the attempt is unsucessful. |
| Are there time limits to applying for uncontested divorce ? |
| No. No matter how long you and your spouse have been separated, one or both can make a divorce application. Although the court will not grant the divorce until the 1 year rule has elapsed. |
| Do I need a Separation Agreement to get a divorce ? |
| No. This is not a legal requirement, but considering that judges have no way of knowing if all issues of the divorce have been worked out or not, a Separation Agreement is the best possible way of presenting your uncontested divorce to the court. |
| Do I need to appear in court for my uncontested divorce ? |
| If the petition is uncontested, it is not necessary for you to appear in court to obtain the divorce. |
| When does the divorce become final ? |
| After the divorce is granted, like any other divorce there is a 30 day waiting period. If no appeal is filed during that time, the divorce becomes final on the 31st day following the grant of divorce. The court does have the power to dispense with the 30 day waiting period if there is a serious inconvenience to one of the parties and both parties agree not to appeal the divorce judgement. |
| Do you qualify for an uncontested divorce ? Do this quick free evaluation. |
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