Can we do an uncontested divorce if we have property to divide in Ontario?
Yes, but property issues must be resolved before or alongside the uncontested divorce — they cannot be left open. An uncontested divorce means there is nothing for a court to decide; if property is genuinely in dispute, the divorce will become contested (or the property issue will need its own court proceeding).
The most common approach is to negotiate and sign a separation agreement that deals with all property matters — who keeps what, what gets sold, what the equalization payment is and how it is paid, and how the matrimonial home is handled. Once you have a signed separation agreement, the divorce application proceeds with the property chapter already closed.
Ontario's equalization system means the math can be complex, especially with pensions, business interests, or real estate. Both parties need complete financial disclosure from each other — hiding assets or understating them can lead to the agreement being set aside. Ideally, each spouse gets independent legal advice before signing.
If property is resolved by agreement and child support and parenting are also addressed, an uncontested divorce with property can proceed efficiently. The court does not review or approve the terms of your separation agreement when processing the divorce — it just needs to see that children's interests are protected.
Key takeaways
- Uncontested divorce with property is possible, but all property issues must be settled first.
- A separation agreement that addresses equalization is the typical vehicle for resolving property.
- Full financial disclosure and independent legal advice for both spouses protect the agreement's validity.
- The court reviewing the divorce does not approve separation agreement terms — it just needs to see children are protected.