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  • Joint Application

    My partner was surprised to learn tonight that his ex is willing to do a joint divorce with him, her exact words were "I will gladly divorce you finally". We are paying for the whole process just wanted her cooperation and didn't want to blind side her with just serving her. Fingers crossed this works out.

    A couple questions;
    1. Separation Agreement is a few years old and states a CS number that is outdated. Should they amend that section of the SA to bring the numbers to the current numbers or will it be okay because they have the annual review and update clause?
    2. Do they have to attach the full SA to the application?
    3. If no CS numbers are in dispute to they both of to fill out a form 13?
    4. Children live in a different city with Mom than Dad lives, which court does the application have to be filed in? Neither are disputing custody/access


    Neither of them want to use a lawyer, their SA lays out the terms and for the most part they are happy with the terms, certainly nothing either of them want to fight over, just wondering if nothing is contested if they have to complete all the forms?

    Thanks in advance!

  • #2
    Don't know about 3 and 4, but as for 1 and 2, based on my experience: as long as the separation agreement says that CS is updated annually; what the basis for CS is (offset, straight table support, or something else) and requires that parents have to exchange financials annually, it should be okay. However, I was told that for converting a SA to a divorce order, it's not adequate to just attach it to the divorce claim like an affidavit ("see attached separation agreement"), you have to actually incorporate it into the body of the divorce order, even if it's basically just cut and paste. So if you're going to have rewrite the SA anyway to put it in the order, you might as well update the numbers to current figures.

    Comment


    • #3
      Separation Agreement is a few years old and states a CS number that is outdated. Should they amend that section of the SA to bring the numbers to the current numbers or will it be okay because they have the annual review and update clause?
      The affidavit for divorce will ask how much child support is being paid, and how much should be paid as per the Guidelines. If these numbers don't match up then an explanation needs to be provided in the affidavit for divorce. Generally speaking, common sense prevails.

      Do they have to attach the full SA to the application?
      While this appears to vary from courthouse to courthouse, in Ottawa a simple divorce would have a continuing record as follows:
      Tab 1: Application
      Tab 2: Affidavit for divorce
      Tab 3: separation agreement

      For a joint application, some courthouses prefer one that is signed by both applicants while others prefer one by each applicant. In Ottawa, either method is accepted.

      If no CS numbers are in dispute to they both of to fill out a form 13?
      You do not need a Form 13: Financial Statement for a simple divorce.

      Children live in a different city with Mom than Dad lives, which court does the application have to be filed in? Neither are disputing custody/access
      The location of the children only prevails when the case is for custody or access. For a simple divorce, you can file in your local jurisdiction.

      Citation: CanLII - Family Law Rules, O Reg 114/99

      Comment


      • #4
        for converting a SA to a divorce order, it's not adequate to just attach it to the divorce claim like an affidavit ("see attached separation agreement"), you have to actually incorporate it into the body of the divorce order
        You do not need to convert your separation agreement into an Order unless you want to. However, if you wish to enforce the agreement as an Order, then it needs to be included in the Order itself.

        Note that support amounts can be enforced by filing the agreement itself and using FRO without the need to turn them into an Order.

        Comment


        • #5
          Originally posted by OrleansLawyer View Post
          The affidavit for divorce will ask how much child support is being paid, and how much should be paid as per the Guidelines. If these numbers don't match up then an explanation needs to be provided in the affidavit for divorce. Generally speaking, common sense prevails.
          Now I'm curious. What happens if the judge doesn't like the explanation provided? Do they order something of their own creation and the applicants have to live with it? Do they send it back unsigned and instigate mediation or a trial?

          I guess I'm wondering if this little portion can turn something that was amicable and done jointly into an antagonistic nightmare.

          Comment


          • #6
            For what it is worth my SA indicates no CS and my divorce was granted.

            Comment


            • #7
              What happens if the judge doesn't like the explanation provided?
              They ask for clarity. There is considerable deference to a decision by two adults in how to organize their lives - if something doesn't make sense, the assumption appears to be that the parties failed to coherently explain the situation in their affidavit, not that the situation needs changing.

              Then again, if one parent has all five children, earns $18k and receives $50 per month in support from other parent with income of $500k, there may be larger issues.

              Comment


              • #8
                Thank you OL. We did explain why we agreed to no CS, and we weren't challenged. Our entire SA was one page long. It has served uss well for 8+ years. Too bad this isn't the case for others.

                Comment


                • #9
                  Thank you for all the help... the papers were filed jointly on Monday. The clerk told my partner he should hear something in 6-8 weeks and then he can file the other forms. I always thought it was 30 days or something?

                  Comment


                  • #10
                    Originally posted by Berner_Faith View Post
                    Thank you for all the help... the papers were filed jointly on Monday. The clerk told my partner he should hear something in 6-8 weeks and then he can file the other forms. I always thought it was 30 days or something?
                    The divorce is final 30 days following the application.

                    However it takes 6-8 weeks for a judge to see it and sign it

                    I filed my divorce application October 11th it was final Nov 11th and I didn't' receive the notice until end of December.

                    Comment


                    • #11
                      I always thought it was 30 days or something?
                      It is 30 days from the day a judge signs the order; this is the appeal period.

                      Comment


                      • #12
                        I filed mine end of November, judge signed december 19 and as OL said in effect Jan 19,2014.

                        BF filed Feb, signed off March and April.

                        Seems to be the norm.

                        Comment


                        • #13
                          Originally posted by FB_ View Post
                          The divorce is final 30 days following the application.

                          However it takes 6-8 weeks for a judge to see it and sign it

                          I filed my divorce application October 11th it was final Nov 11th and I didn't' receive the notice until end of December.
                          Thank you!

                          Comment


                          • #14
                            Hello...

                            Can you please point me to the "joint application form" for divorce please? There is already mutual consent by both parties for divorce, and we are in court next month

                            I am hoping to have the judge sign the application right there.

                            Originally posted by OrleansLawyer View Post
                            The affidavit for divorce will ask how much child support is being paid, and how much should be paid as per the Guidelines. If these numbers don't match up then an explanation needs to be provided in the affidavit for divorce. Generally speaking, common sense prevails.



                            While this appears to vary from courthouse to courthouse, in Ottawa a simple divorce would have a continuing record as follows:
                            Tab 1: Application
                            Tab 2: Affidavit for divorce
                            Tab 3: separation agreement

                            For a joint application, some courthouses prefer one that is signed by both applicants while others prefer one by each applicant. In Ottawa, either method is accepted.



                            You do not need a Form 13: Financial Statement for a simple divorce.



                            The location of the children only prevails when the case is for custody or access. For a simple divorce, you can file in your local jurisdiction.

                            Citation: CanLII - Family Law Rules, O Reg 114/99

                            Comment


                            • #15
                              I'm confused - the 8a form says 'simple (divorce only)' or 'joint'. My ex and I want a simple divorce (sep agreement already has all stuff decided 3 years ago), would we check off 'simple'? I'm reading something that implies joint means additional paperwork?

                              Comment

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