The Common Sense Guide to:

The Uncontested Divorce

Simple Uncontested Divorce in Ontario

Financially Smart Divorce Strategies

Why File for an Uncontested Divorce in Ontario

I was chatting with a friend a couple of weeks ago, and he shared a horror story that really stuck with me. He was helping out another friend whose partner had recently passed away. It was a sad situation, made even worse by a legal mess that could’ve been avoided.

You see, the gentleman who passed away had never formally separated or filed for a divorce from his previous partner. When he died, his assets—including the home he was living in with his new love, who was pregnant and staying home with their two-year-old—were still technically tied to his not-yet-ex-wife.

The result? The current love of his life was left with next to nothing, while the previous wife, who he hadn’t lived with for five years, walked away with a bundle of money. Talk about a nightmare.

The thing is, this isn’t an isolated incident. There are plenty of people out there who end their marriages informally but never take the necessary steps to legally finalize their independence from their ex.

It’s baffling, really. Do they think they’re going to get back together? Or is it just about holding on to the past? Whatever the reason, avoiding the legal side of ending a marriage is a huge mistake.

The Uncontested Divorce is actually the easiest and least expensive part of the divorce process in Ontario. The reason is that the Uncontested Divorce has nothing to do with support, dividing assets or dealing with children… that is all dealt with in the Separation Agreement. When that is all completed and signed, you file for the Uncontested Divorce, which will formally and legally end the marriage.

In Ontario, the process for an uncontested divorce is straightforward. You don’t need to prove “cause” like in the old days. As long as no one’s making a claim for support, parenting orders, or asset splitting, you can file a simple application and be done with it. No drama, no dragging things out. It’s quick, it’s clean, and it’s a whole lot cheaper than leaving things to chance.

So, if you’re someone who’s been putting off that final step, don’t. An uncontested divorce is the smartest, most cost-effective way to ensure that you’re truly free and clear from your past relationship. Because the cost of not doing it could be far higher than you ever imagined.

The Unofficial Rules of Divorce:

Divorce gets prickly, even in the most amicable situation

It’s often less about the legalities and more about the money

People make expensive mistakes because they don’t make a plan

Before you do anything, understand your rights, obligations & complexities

What Does An Uncontested Divorce Mean?

AN Uncontested Divorce Means Nothing’s Contested

People get confused though. Do I need a Divorce Decree, a divorce certificate, file for an Uncontested Divorce or create a Separation Agreement?

Your Uncontested Divorce means there is nothing left to contest. It means all of the stuff (money, house, debts) have been properly and legally divided. It also means that you have dealt with things like where the children will live, child and spousal support, the house, the mortgage and the pensions.

If you haven’t properly dealt with these, then your divorce is not uncontested and an uncontested divorce will likely not work for you. You will deal with those issues either through the courts or on your own. If you deal with it on your own, you will create a Separation Agreement that addresses everything.

A Separation Agreement is the legal contract between you and your soon-to-be-ex (STBX) for how everything is dealt with now and long into the future. Yes they will likely still be involved in your life somehow… especially is your share children. Here is the separation and divorce process in a nutshell:

STEP 1: Decide on your date of Separation
STEP 2: Properly divide your matrimonial stuff (assets and debts)
STEP 3: Have it all written down in a proper Separation Agreement
STEP 4: Apply for your Uncontested Divorce
STEP 5: Receive Your Divorce Decree

With 25+ years of no-nonsense financial advice on TV, radio, and as a best-selling author, Gail Vaz-Oxlade brings her financial common sense to divorce.

A simple divorce is also known as an uncontested divorce, which is when you and your ex have negotiated all of your matters and now agree to divorce.

This is different from a contested divorce, which is when you and your ex do not agree to all the issues raised by the divorce. This could include disagreements about child custody or support or how you will divide your assets.

A simple divorce is also known as an uncontested divorce, which is when you and your ex have negotiated all of your matters and now agree to divorce.

The Common Sense Divorce focuses on what really matters—keeping your family’s stability intact.

How Do I Formally Get Divorced In Ontario?

That doesn’t mean you have to give up all claims if you want to get an uncontested divorce. If there are going to be claims for support or the splitting of assets, you’ll simply have to use a different approach… (think mediation!)

If you and your ex can get together long enough to file together, you can not only make the whole process easier by making a joint application, you can split the costs!

An uncontested divorce won’t work for you if:

If you haven’t created and formally signed your Separation Agreement (this is different than divorce)
You haven’t been able to resolve your financial issues with your soon-to-be-ex (STBX)
You expect the courts to step in and make the call on the division of assets, support or parenting orders/decision-making claims
If you don’t know the exact address that your STBX lives at
If you’ve been separated for a really long time, since there are time lines within which you have to operate if you’re making any kinds of claims, as opposed to just untying the knot.

For Goodness Sake, Do it the Right Way!

Still not convinced? Hey, take a lesson from Niall and Nancy. Niall was tired of being married to Nancy so he just upped and left. He came home one night, packed a suitcase and left her a note to say he was done and the marriage was over. Damn! When he did, their home was worth $227,000.

A year and a half later Nancy finally got with the program and sold their “family” home for $198,000. But since the value of the home at the time of Niall’s departure (which was their legal separation date) was $227,000, he was entitled to half that amount or $113,500.

By not signing a separation agreement or filing for your uncontested divorce and getting the debts on the table lickety-split, it meant that Nancy owed Niall $113,500 of the $198,000 the house sold for (less the expenses involved in selling the house). She walked away with just $89,000, which came as a little bit of a shock to Nancy.

If you or someone you know has separated and has still not formalized the end of their marriage, it’s time. Now.

3 Ways We Can Help You RIGHT NOW

Complimentary
Separation Plan

A personalized Report for your situation. Understand what’s involved with support, debts, banks accounts, pensions and your home BEFORE you start any legal processes.

Complimentary
Recorded Message

Not everyone is ready to talk with someone in person. You can call The Common Sense Divorce any time and listen to a pre-recorded two-minute message about our services.

Complimentary
Phone Consultation

Speak with us about the divorce process in Ontario and how The Common Sense Divorce can help. Schedule a free telephone assessment and consultation.

What If My Name Is Not On The Title of The House?

It doesn’t matter whose name the title is in, nor does it matter if it was owned by either of you before you married. If this is the home that you and your spouse have been living in, it is likely to be considered the matrimonial home and it will be divided between you.

Divorce & The Matrimonial Home: Buying, Selling & Mortgages

The rule of thumb – the matrimonial house is going to be sold. Sold to you, sold to your spouse or sold to a third party. The implications of each are very different.

If you are considering either of the first two options, the key is determining whether it’s viable for either of you to stay in the family home. There are three main questions: Can either of you actually afford to keep the home? Can that person qualify for a mortgage on their own? And, how will keeping the home affect that person’s financial future?

Remember, if you are planning to buy out your spouse, you will have to assume the whole existing mortgage as well as pay out your ex’s share of the home’s equity. Most people live in homes that require two incomes, so trying to maintain the home on half as much income after divorce is just not realistic for everyone.

If you are planning to sell the matrimonial home, it’s really important that you and your spouse are on the same page to best take advantage of the market. This is not the time for potential buyers to smell a divorce deal in the air. As well, remember that your real estate lawyer will need a signed Separation Agreement in place before they can divide the proceeds of the sale of your home. Without that Agreement, your funds will sit in trust until there is an Agreement that tells the lawyer exactly how to divide up the assets.

If you are planning to buy a new home post-divorce, here’s one simple piece of advice that is worth it’s weight in diamond studded, solid gold bricks. DO NOT BUY another house until after your Separation Agreement is signed and in place. You are going to need that Separation Agreement in order to qualify for your new mortgage and there is nothing that will put you in a bad negotiation situation like having to sign because your mortgage lender needs you to have it in place by next Friday in order for your new house to close.

The Common Sense Divorce has a full team of Realtors, Mortgage Brokers and Home Appraisers that are specially trained to deal with divorce. They understand the divorce process and they know how to package a deal that works in your best interests.

Are You Entitled To Share The Matrimonial Home?

Learn more about how the matrimonial home is dealt with in Ontario Separation Agreements.