Can You Stop or Withdraw a Divorce in Ontario?

Starting a divorce does not lock you in. Some couples reconcile, some need more time, and some simply change their minds after the papers are filed. If that is you, you probably want to know whether you can stop the case and what it will cost you.

This article explains how withdrawal works in Ontario, what happens to costs, how a reconciliation affects the separation period, and what to think about before you file or withdraw anything.

How to withdraw a divorce application

A party may withdraw all or part of an application, answer or reply by serving a Notice of Withdrawal (Form 12). "Part" matters. You might drop the divorce claim but keep a claim about support or property, or the other way around.

If the divorce was started by a joint application, the divorce and any other order can be made only with both spouses' consent. If you and your spouse have decided together to stop, tell the court clearly and ask a lawyer how best to document it.

Special rule: the application, answer or reply of a special party or a child party can be withdrawn only with the court's permission.

Who pays the costs if you withdraw

The party who withdraws must pay every other party's costs up to the date of withdrawal, unless the court orders otherwise or the parties agree otherwise. That is why it helps to settle the question of costs with your spouse in writing before you serve the notice.

Court fees you have already paid are a separate matter. The fee to file an application is $214, and a separate federal $10 fee applies to an application or answer with a divorce claim. Whether any of that comes back to you is not something to assume, so ask the court office or a lawyer.

Reconciling without losing your separation time

Breakdown of the marriage is the only ground for divorce, and it is usually proved by living separate and apart for at least one year. Many people worry that a weekend together or a trial move-back resets the clock.

It does not necessarily. Living together again for a total of not more than 90 days, mainly to try to reconcile, does not interrupt the one-year period. The court is also required to be satisfied that there is no possibility of reconciliation, and if it appears possible at any stage it can adjourn the case so the spouses can try.

Reconciling for longer than that can change the picture, so if you are close to that limit, speak to a lawyer before you move back in.

What if the divorce has already been granted?

A divorce takes effect on the 31st day after the judgment granting it is made. Once it takes effect, it ends the marriage and is effective throughout Canada. A pending appeal delays when it takes effect, and an appeal generally cannot be brought more than 30 days after the order was made.

Whether anything can be done between the judgment and that 31st day depends on the facts and the court's procedures, so get legal advice quickly if you are in that window. Once the divorce has taken effect, it has ended the marriage, and what options remain after that depends on your situation, so it is worth confirming with a lawyer. A couple who wish to be married again would need to marry again.

Divorce also affects wills. If a will-maker divorces after making a will, gifts to the former spouse and their appointment as executor are revoked, unless the will shows a contrary intention.

What to do next

• Decide whether you want to withdraw everything or only part of the case.
• Check whether the application is joint, and talk to your spouse about it if so.
• Agree on costs in writing if you can.
• Keep track of any days you spend living together, and note that the reconciliation limit is 90 days in total.
• Confirm what is still outstanding, such as support, parenting or property claims.
• Get legal advice before serving Form 12, especially if there are children or a property claim.

If the issues are only partly resolved, mediation may help. Where appropriate, parties must try to resolve their issues through a family dispute resolution process such as mediation.

Frequently asked questions