- A divorce-only application asks the court to legally end your marriage under the federal Divorce Act.
- Consider this route if most of the following apply: - [ ] You and your spouse have a signed, witnessed separation agreement covering property, support, and (if relevant) parenting - [ ]…
- Confirm the ground for divorce Most Ontario divorces proceed on the ground that the spouses have lived separate and apart, though a spouse's adultery or cruelty can also establish that…
Not every divorce needs to be a package deal. If you and your spouse have already sorted out property, support, and parenting — or those issues simply don't apply to your situation — you may not need the court to touch anything except the marriage itself. That's what a divorce-only application does: it asks the Superior Court of Justice for exactly one thing, the legal end of your marriage, and nothing more.
It's not the right fit for everyone. Filing divorce-only when real issues are still unresolved can leave you without the court orders you actually need, and it can start limitation clocks running on property claims you haven't dealt with yet. This guide walks through when a divorce-only application makes sense, and when it doesn't.
What a Divorce-Only Application Does — and Doesn't — Do
A divorce-only application asks the court to legally end your marriage under the federal Divorce Act. It does not ask the court to:
- Divide property or deal with the matrimonial home
- Order or confirm child or spousal support
- Make any decision-making responsibility, parenting time, or contact order
If any of those issues still need to be resolved, they either need to be dealt with by separate written agreement, or added to your application as additional claims.
Is a Divorce-Only Application Right for You?
Consider this route if most of the following apply:
- [ ] You and your spouse have a signed, witnessed separation agreement covering property, support, and (if relevant) parenting
- [ ] There's nothing left to divide, or you've already agreed on how property will be split without needing a court order
- [ ] There are no children of the marriage, or child support arrangements are already settled and reasonable
- [ ] You don't need the court to make any parenting order — you and your co-parent are managing that by agreement
- [ ] You mainly want the legal and administrative benefits of being divorced (remarrying, tax filing status, closing out the marriage formally)
If several of these don't apply — especially if property or parenting is still genuinely unresolved — a broader application that includes those claims is usually the better route, even though it takes more paperwork up front.
The Process, Step by Step
1. Confirm the ground for divorce
Most Ontario divorces proceed on the ground that the spouses have lived separate and apart, though a spouse's adultery or cruelty can also establish that the marriage has broken down. Your lawyer will confirm which applies to you.
2. Prepare and file the application
One spouse can apply alone, or both can apply jointly as co-applicants. A joint application is often simpler where both spouses agree the marriage is over.
3. Confirm arrangements for any children
Even on a divorce-only application, the court needs to be satisfied that reasonable arrangements have been made for the support of any children of the marriage before it will grant the divorce — this applies regardless of how amicable the split is.
4. Judge reviews the paperwork
An uncontested divorce-only application is typically decided by a judge reviewing the filed material, without either spouse having to appear in court.
5. Divorce becomes final
Once granted, there's a short period built into the process before the divorce becomes final and a certificate can be issued — your lawyer can tell you what to expect on timing for your specific court location.
The One Thing to Watch: Limitation Periods
Getting divorced can start the clock running on your right to claim equalization of net family property under the Family Law Act — the exact deadlines depend on your dates of separation and divorce and are strict. If you haven't fully resolved property, don't treat "divorce-only, we'll sort out the house later informally" as a safe plan. Confirm your limitation period position with a lawyer before or immediately after filing.
Frequently asked questions
Can we file for a divorce-only application if we don't have a written separation agreement yet?
You can, but it's riskier — without a signed agreement, you have nothing that formally protects your rights to property or support once the divorce is granted, and unresolved issues don't go away on their own.
Does a divorce-only application cost less than one with other claims?
The base filing fee for the Application itself is the same regardless. What usually drives cost differences is whether the case is contested and how many additional steps — like an Answer or motions — end up being filed.
If we have kids, can we still do divorce-only?
Yes, provided child support is already arranged and reasonable, and you don't need the court to make a parenting order. The court will still confirm support arrangements before granting the divorce even on this simplified path.
Can I convert a divorce-only application into one with property or support claims later?
Generally yes, through an amendment or a fresh application, but don't delay if a limitation period might be running — check your position with a lawyer as soon as the question comes up.
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