Ontario general information. Sources checked 3 October 2026.
“We want a divorce” can describe several different needs. One person may want to end the marriage, another may need a support arrangement, and both may still have questions about the home or children. Identifying those issues separately makes a legal discussion more useful than assuming one document will settle everything.
Identify the decision you are asking about
A divorce concerns ending a marriage. A separation agreement is a contract addressing agreed arrangements. Support, parenting and property can raise additional questions. The Divorce Act states that a divorce dissolves the marriage when it takes effect; applying for a divorce and obtaining an effective divorce are different stages.
Make a one-page issue list with separate headings for divorce, parenting, child support, spousal support, property and debts. Under each heading, mark what is agreed, disputed or unknown. Avoid labelling the whole matter “simple” because only one issue seems settled. A signed agreement may leave implementation steps or questions about later changes.
Bring the facts relevant to the divorce question
Record the marriage date and place, where each spouse lives, and the separation history. Keep the marriage certificate and any existing court documents available. If you separated while living in the same home, explain the actual living arrangements rather than assuming the address answers the question. Note any attempt at reconciliation and its dates.
The Department of Justice describes marriage breakdown as the ground for divorce and explains separation, cruelty and adultery as ways of establishing it. It also explains the usual residency requirement and exceptions. Ask how the requirements apply to your situation. This preparation guide does not assess eligibility, select a ground or calculate when a divorce will take effect.
Keep the children’s arrangements visible
If children are involved, identify the current care routine, any parenting order or agreement, and the present support arrangement. Keep those questions visible even if the adults agree to a divorce. Under section 11(1)(b) of the Divorce Act, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable guidelines, before granting a divorce.
Prepare a short account of how support is being paid and what income information has been exchanged. If the arrangement is disputed or a child’s circumstances have changed, say so. Do not describe a private understanding as an order or assume that agreeing to end the marriage resolves a support concern.
List the practical steps still outstanding
For the home, pensions, accounts and debts, list any proposed transfer, sale, refinancing or other step, the responsible person and the relevant document. Separate a proposal from a completed transaction. Include earlier domestic contracts and any terms about releases. Do not infer that a divorce alone completes a transfer or answers a property claim.
For example, a proposal to sell a home may still leave questions about carrying costs, listing instructions and division of proceeds. A pension term may require further information or specialist steps. Describe the outstanding task without assuming the legal entitlement or tax treatment. Ask which issues need advice before signing or committing to a transaction.
Ask about the route and the documents
Ask what claims and court process fit the situation, what documents are required and which dates need attention. The federal Divorce Act and Ontario court procedures have different roles. An online checklist or the word “uncontested” does not establish that the documents are sufficient or that the court will grant a particular result.
Our agreement preparation guide and parenting-plan outline guide can help organize related questions. Keep marriage records, children’s information and financial documents out of public comments. Ask the office about document-transfer instructions before sending sensitive material.
Official sources
See Divorce & Separation for the firm’s related practice information. To ask whether the firm can assist with your matter, contact the office. Identify upcoming dates. An inquiry does not confirm representation or change a deadline.
General information for Ontario; not legal advice about your circumstances.