Divorce Application vs. Family Court Application in Ontario: What's the Difference?

When you're ending a marriage in Ontario, the paperwork you file depends entirely on what you're actually asking the court to do. Some people need nothing more than a straightforward divorce application — just the legal end of the marriage, with everything else already sorted out. Others need a broader family court application that also asks the court to deal with property, support, or parenting arrangements at the same time.

Mixing the two up costs time. File the wrong document, or leave out a claim you actually need, and you may have to amend your application, file a fresh motion, or start a second proceeding later. This guide breaks down what each application really asks for, which court and which law governs it, and how to tell which one fits your situation.

What a Plain Divorce Application Asks For

A divorce application, on its own, asks the court for exactly one thing: to legally end your marriage. Nothing else.

To grant it, the court needs to be satisfied that the marriage has broken down — usually shown by you and your spouse having lived separate and apart, though a spouse's adultery or cruelty can also establish breakdown. The separation ground is by far the more common route in Ontario. This process is governed entirely by the federal Divorce Act, and only the Superior Court of Justice has the authority to grant a divorce; the Ontario Court of Justice cannot.

Married spouses can apply together as joint applicants, or one spouse can apply alone. Where the marriage involves children, the court also needs to see that reasonable arrangements have been made for their support before it will grant the divorce — even on a divorce-only application.

What a Broader Family Court Application Can Include

A family court application can ask for some or all of the following, on top of — or instead of — ending the marriage:

• Decision-making responsibility, parenting time, and contact for children
• Child support and spousal support
• Equalization of net family property between married spouses
• Possession of the matrimonial home
• Terms relating to a domestic contract, such as a separation agreement

When these claims are combined with a request to end the marriage, family lawyers sometimes call it a divorce application "with corollary relief." The claims don't have to come bundled with a divorce, though — unmarried parents, for example, can bring a family court application dealing only with parenting time and support, with no divorce involved at all, since there's no marriage to end.

Different Claims, Different Laws

Which law applies depends on the claim, not just the fact that you're in family court:

• Divorce Act (federal) — ending the marriage itself, plus corollary relief (parenting, support) for married or divorcing spouses. Only the Superior Court of Justice can grant these remedies.
• Family Law Act (Ontario) — equalization of property, the matrimonial home, spousal support for married and some unmarried "spouses," and domestic contracts.
• Children's Law Reform Act (Ontario) — decision-making responsibility, parenting time, and contact for parents who are not divorcing.

The Ontario Court of Justice can hear some parenting and support matters, but it has no jurisdiction over a divorce, property equalization, or the matrimonial home — those always require the Superior Court of Justice.

Comparing the Two at a Glance

If the other side files an Answer, Ontario's court fees (as of mid-2026) charge $171.00 for an Answer that doesn't include a divorce claim, and $214.00 for one that does. These amounts are adjusted from time to time, so confirm the current fee on Ontario's official court fees page before you file.

Can You Combine Claims, or Add Them Later?

Most people who own property together, or share children, file one combined application rather than two separate proceedings — it's more efficient to resolve everything in a single case. That said, nothing stops you from starting with a divorce-only application if property and parenting are already settled by agreement, and returning to court later only if a dispute comes up.

If you start divorce-only and later realize you need a property or support claim, you can generally still bring it — but property claims are subject to a limitation period tied to your separation or divorce, so don't wait to find out where you stand. A lawyer can tell you quickly whether time is running against you.

Frequently asked questions