Joint Divorce Questions

[GDH2020]

Hi,

My wife and I have been married since 2000. We have 3 kids - 11, 15, 18. We live in Milton, Ontario.

My income is $53k and her income is $49k. We are both on the title for the home, which has been paid off. Our RRSPs are similar in amount, same for personal savings.

We separated in Sept 2018 but live in the same house but different floors. We split expenses 50/50, make decisions concerning the kids, house, etc. together. We did not draw up a written separation agreement, but we did have a verbal agreement to split expenses, etc. which is what has happened. She is not seeking spousal support. We are friendly which each other. This is as amicable as they come.

I am preparing the divorce application and it seems that we can apply for a "joint divorce", filling out the forms using the CLEO tool (https://stepstojustice.ca/guided-pathways/divorce-forms)

My questions are:
1. Seems that we need to fill out Form 8A and two Forms 36, with an affidavit attached to my Form 36 detailing the agreed amount of child support I will pay her due to the difference in income. Is that correct?
2. Do we need to file a written separation agreement with the divorce application? We do not have one.
3. Do we need to fill out Form 13 and 13.1 if we agree to split property 50/50 and keep our own investments/RRSPs?

We are trying to get this done without lawyers involved.

Thanks for any advice you can give.

[Tbaga]

I am not an expert, but based on my own experience, which is very similar to yours, you will need a written agreement about all or some of the issues that need to be addressed (e.g., child support and custody, spousal support, property division, etc.) in order to have a smooth process. As a minimum in your divorce applications you need to provide a parental plan. Also, to be able to file joint (uncontested) application, you may need to have a separation agreement or parental plan. Additionally, you will need to consider what other agreements you would like to incorporate in the divorce Order of Form 36, section 8.

I do have a separation agreement, but I am personally struggling with whether I should incorporate all clauses of spousal support into the divorce Order or not. I did started three threads in this forum regarding this particular issue, unfortunately, I got zero response from this forum members.

[GDH2020]

I am not an expert, but based on my own experience, which is very similar to yours, you will need a written agreement about all or some of the issues that need to be addressed (e.g., child support and custody, spousal support, property division, etc.) in order to have a smooth process. As a minimum in your divorce applications you need to provide a parental plan. Also, to be able to file joint (uncontested) application, you may need to have a separation agreement or parental plan. Additionally, you will need to consider what other agreements you would like to incorporate in the divorce Order of Form 36, section 8.

I do have a separation agreement, but I am personally struggling with whether I should incorporate all clauses of spousal support into the divorce Order or not. I did started three threads in this forum regarding this particular issue, unfortunately, I got zero response from this forum members.

Thanks for your reply. After posting the thread, I went ahead and put together a Separation Agreement from https://www.lawdepot.ca and I'll complete it with my spouse. It addresses child support, custody, spousal support, property division, etc. I will submit this along with the joint application.


Good luck with your divorce. Not where I thought I'd be at 44, but I'm looking forward to the future.

[Tbaga]

In order for your agreement to be enforceable, you and your ex need to seek legal advice. In other words, each one of you need to seek the advice of a lawyer. Otherwise, any one of you can challenge the agreement in the future, and the court can easily set your agreement aside.

[Kinso]

Custody access and maybe child support orders may be granted by court with just separation agreement

Without legal advice spousal support and equalization maybe harder. Better to get lawyers.