Your Guide to Filing for Divorce in Oakville, Ontario

Filing for divorce in Oakville can feel overwhelming, but breaking the process down into manageable steps can make it less stressful. Whether your divorce is contested or uncontested, understanding how Ontario’s system works, and how mediation fits into the process, can help you save time, money, and emotional energy.

Before diving into the specific steps, it’s important to note that Ontario divorce laws require couples to be separated for at least one year before finalizing their divorce, unless specific exceptions apply such as adultery or cruelty.

Understanding Divorce in Ontario

Understanding divorce in Ontario goes beyond simply ending a marriage – it’s a legal process that involves specific requirements and considerations under Canadian family law. To obtain a divorce in Ontario, you must first demonstrate that your marriage has experienced a “breakdown,” which can be proven through one of three grounds:

living separate and apart for at least one year,
adultery, or
physical/mental cruelty.

The one-year separation is by far the most common ground for divorce in Ontario, as it doesn’t require proving fault and typically leads to a smoother legal process.

In Oakville, divorces must be filed through the Superior Court of Justice – Oakville Courthouse. While it’s possible to handle your divorce without legal representation, particularly in uncontested cases, the complexity of family law and the long-term implications of divorce agreements often make professional support a worthwhile investment. Additionally, every divorce case involving children must address the best interests of the child as a paramount consideration, as mandated by both Ontario and federal law.

Eligibility Criteria for Divorce

Meeting the eligibility requirements for divorce in Ontario is an important first step before beginning the legal process. The Ontario Superior Court of Justice requires specific criteria to be met before accepting a divorce application, ensuring that all divorces granted within the province comply with both federal and provincial laws. Understanding these requirements can save you time, money, and potential frustration by confirming your eligibility before investing in the divorce process.

To file for divorce in Ontario, you must satisfy several key jurisdictional and legal requirements that are mandated by the Divorce Act of Canada. The most fundamental requirement is that either you or your spouse must have lived in Ontario for at least one year immediately before filing your divorce application. This residency requirement helps establish the Ontario court’s jurisdiction over your case and ensures that local laws can be properly applied to your situation. Additionally, applicants must be able to demonstrate that their marriage was legally valid in the first place, whether it was performed in Canada or in another country.

Here are the essential eligibility criteria you must meet to file for divorce in Ontario:

One spouse has lived in Ontario for at least 12 months before filing.
A valid marriage certificate is required.
Proof of marriage breakdown often finalized through a Separation Agreement.
Reasonable child support calculations must be in place if children are involved.

Completing the Divorce Application

When preparing your divorce application, there are several standard forms you’ll need to complete. The exact ones depend on whether your case is uncontested or contested, and whether you have children or property issues to resolve.

Form 8 – Application (General)
Used for contested divorces where one spouse is asking the court to decide on matters beyond the divorce itself — such as child support, spousal support, decision-making responsibility, parenting time, or property division. This form is more detailed and is required whenever there are unresolved issues.
Form 8A – Application (Divorce Only)
Used for uncontested divorces (simple or joint) where you are only asking for the divorce, and all other issues (parenting, support, property) are already settled or handled in a separation agreement. It’s shorter and faster to process than Form 8.
Form 13.1 – Financial Statement (Property and Support Claims)
Required in contested divorces where property division and/or support are being claimed. It includes details about income, expenses, assets, and debts, and must be backed up with supporting financial documents (e.g., tax returns, pay stubs).
- Form 13 (simpler version) is used if only support is being claimed, without property issues.
Form 36 – Affidavit for Divorce
A sworn statement confirming the details of your marriage, separation, and that the legal grounds for divorce are met. It must be signed in front of a commissioner for taking oaths (often available at the courthouse or through a lawyer).
Form 25A – Divorce Order
The official order signed by the judge once the divorce is granted. You complete and submit this form when you file your application, so the court has it ready to finalize.

Completing your divorce application carefully is essential to avoid delays in the Oakville court system. Double-check that all forms are accurate, signed, and supported by the required documents before filing. If you’re unsure which Ontario divorce forms apply to your situation, professional guidance from a mediator or family law professional can help ensure your application is filed correctly the first time.

How to File for Divorce in Oakville

Filing your divorce application officially begins the court process. To avoid delays, make sure your paperwork is complete and submitted correctly.

Where to File

Divorce applications are filed at the Ontario Superior Court of Justice – Family Court Branch.
In Oakville, this is located at 1225 Trafalgar Dr #1, Oakville, Ontario L6H 0H3
Couples can also file divorce online in Ontario through the Ontario Court Filing Service.

Filing Fees

When you file your completed documents with the court, you will need to pay a filing fee:

Application fee: $669
Divorce certificate fee: $25

These fees are paid directly to the court when you file your documents. If you’re unable to afford the filing fee, you can apply for a fee waiver through the court.

Filing Steps

Prepare Documents
- Completed application and three copies
- Supporting documents (marriage certificate, separation agreement)
- Forms signed and commissioned if required
File with Court Clerk
- Submit documents and pay filing fee
- Receive a file number and court-stamped copies
Serve Your Spouse (not required for joint applications)
- Have stamped copies served by a process server or another adult (not yourself)
- Keep proof of service for the court file

After Filing

Your spouse has 30 days to respond if served in Ontario.
Track your file number for updates.
Keep copies of all court correspondence and orders.

More details are available on the Government of Ontario’s divorce filing page.

Questions and Answers

Do I Have to Hire a Lawyer to Get a Divorce in Oakville, Ontario?

No, you are not legally required to hire a lawyer to get a divorce in Ontario. If you have an uncontested divorce where both parties agree on all terms, you can file the paperwork yourself using either a Simple Divorce Application (Form 8A) or Joint Divorce Application. However, it’s recommended to seek legal advice if your situation involves children, significant assets, or disputed issues. Even if you choose to file independently, having a lawyer review your documents can help prevent costly mistakes.

What is the Fastest Way to Get a Divorce in Oakville, Ontario?

The fastest option is usually an uncontested divorce in Oakville, which can often be finalized in 2-3 months. Specifically:

File a Joint Divorce Application (both parties sign)
Have all paperwork completed correctly the first time
Ensure you meet the one-year separation requirement
Submit all required documents together
Pay all fees promptly
Have no children or have all child-related issues resolved
An uncontested divorce can be completed in about 4-6 months after filing, assuming the one-year separation period has been met.

How long does a divorce in Oakville, Ontario usually take?

The actual process of filing divorce paperwork can be completed in one day. However, the total timeline varies:

One-year separation period is required (unless filing on grounds of adultery or cruelty)
Processing time by the court: 2-3 months for uncontested divorces
Contested divorces can take 1-3 years or longer
Simple Divorce Applications typically process faster than complex ones
Court backlogs can affect processing times

Helping Families in Oakville and Surrounding Communities

We support families throughout Oakville and nearby areas with divorce and mediation services, including:

With secure online mediation, separating couples across Halton Region and the western GTA can get help from the comfort of home.

Let us Support you Through your Divorce

If you’re ready to take the next step toward divorce in Oakville:

👉 Book your free 30-minute joint consultation today Our experienced team can help you understand the process and ensure all paperwork is properly completed.

📞 Toll-Free: 888-779-8777
📧 connect@positivesolutions.ca
🌐 www.positivesolutions.ca

“Changing the way couples separate in Oakville Ontario”

Author: Bev Lewis

President and founder of Positive Solutions Divorce Services®
(416)-559-5527 | connect@positivesolutions.ca | positivesolutions.ca

The information provided in our blogs and throughout our website is intended for general educational purposes, offering insights into separation and divorce processes in Ottawa and throughout Ontario. While we make every effort to ensure our content is accurate and current, it should not be considered legal advice. Although we can provide legal information to help you understand the divorce process, we recommend consulting with a qualified family law lawyer to obtain legal advice specific to your situation.

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Frequently Asked Questions

What should be included in a parenting plan?

A parenting plan typically outlines the parenting schedule (days, holidays, vacations), decision-making responsibilities, communication protocols between parents and with the child, transportation arrangements, and guidelines for resolving disagreements.

How is parenting time determined in Ontario?

Parenting time is based on the best interests of the child, considering factors like the child’s needs, relationships with each parent, routines, and each parent’s ability to care for the child.

Can a parenting plan be changed after it's finalized?

Yes. Parenting plans can be revised if both parents agree or if there has been a significant change in circumstances. Mediation can assist if parents disagree on the changes.

What happens if one parent doesn’t follow the parenting plan?

If a parent fails to comply with the agreed-upon plan, the other parent can seek enforcement through family court or return to mediation to resolve the conflict.

Is mediation required to create a parenting plan?

While not mandatory, mediation is strongly encouraged as it promotes cooperation and helps parents create a plan tailored to their family’s unique needs without going to court.

Throughout the mediation process, we encourage open communication and creative problem-solving, often uncovering mutually beneficial solutions. Our goal is to help you create a separation agreement that provides clarity and stability during this transitional period, while also being flexible enough to adapt to future changes.

By choosing our mediation services for your separation agreement, you can often achieve a more personalized and comprehensive document than one created through traditional legal channels, potentially saving time, reducing costs, and laying the groundwork for a more amicable post-separation relationship.

A Separation Agreement is a legally binding document that outlines how separating spouses will divide parenting responsibilities, property, and finances after a relationship ends. At Positive Solutions Divorce Services®, we help couples create clear, enforceable Separation Agreements through mediation—without going to court.

Our trained mediators guide both partners through every topic that matters: parenting time, decision making, child support, spousal support, and property equalization. We offer a calm, structured environment where couples can resolve issues respectfully and affordably. Once decisions are made, we prepare a comprehensive agreement that can be reviewed by independent legal counsel and signed to become legally binding in Ontario.

*Separation Agreements Disclaimer

*The information included in a Separation Agreement, or other applicable documents, is purely a guide and cannot substitute for a lawyer’s skill, knowledge, and careful drafting. These documents are simply reflective of the information received from you and are an administrative service only.

Positive Solutions Divorce Services® does not warrant and is not liable or responsible for ensuring the validity and/or enforceability of any Agreement or clause in an Agreement and remains your full and sole responsibility. Full financial disclosure is a crucial element in the preparation of any Agreement. It is also critical that you understand your rights and obligations under existing law.

In many circumstances, the Agreement will be addressing complex assets and issues, such as corporations, trusts, pensions, tax implications etc. In these cases, it is imperative that the actual relevant documentation be reviewed and that the expertise of an accountant or specialist in the subject area be consulted to ensure that the Agreement properly addresses these complex assets and issues. It is strongly recommended that you retain Independent Legal Advice before signing any documentation arising out of the end of your marriage or common law relationship.

Frequently Asked Questions

What is a separation agreement?

A separation agreement is a legally binding contract between separating spouses that outlines how they will handle key issues such as parenting time, decision-making, child support, spousal support, and division of property.

Is a separation agreement legally enforceable in Ontario?

Yes. If properly drafted with full financial disclosure, signed voluntarily by both parties, and witnessed, it is enforceable in court under Ontario’s Family Law Act and Contracts Law.

Do I need a lawyer to create a separation agreement?

While not legally required, it is recommended that both parties obtain independent legal advice (ILA) before signing. This ensures the agreement is fair and helps prevent future legal challenges.

Can a separation agreement be changed after it’s signed?

Yes. It can be amended by mutual agreement if circumstances change. If there is disagreement, the matter may require mediation, negotiation, or a court application to vary the agreement.

What happens if one spouse doesn’t follow the separation agreement?

If a party breaches the agreement, the other may enforce it through court proceedings. The court can compel compliance, including orders for payment or changes in parenting time or support.

Frequently Asked Questions

How do I apply for a divorce in Ontario?

You must complete and file a divorce application with the Ontario Superior Court of Justice. This includes submitting a copy of your marriage certificate, any related court orders or agreements, and paying the required filing fees. You can file jointly or individually.

What are the grounds for divorce in Ontario?

The only legal ground for divorce in Canada is a breakdown of the marriage, which can be proven by:

One year of separation (most common),
Adultery, or
Physical or mental cruelty.

Can I apply for a divorce without going to court?

Yes. If all other matters (support, property, parenting) are resolved and documented (e.g., in a separation agreement), you can apply for an uncontested or joint divorce, which usually does not require a court appearance.

How long does it take to get a divorce in Ontario?

Once the application is submitted, an uncontested divorce typically takes about 2 to 3 months, depending on court processing times. Delays may occur if documentation is incomplete or if the application is contested.

Do I need a lawyer to file for divorce in Ontario?

No, a lawyer is not required, especially for uncontested or joint divorces. However, it’s wise to obtain legal information or assistance—particularly to ensure your documents are accurate before filing.

Frequently Asked Questions

What Are Domestic Contracts and Why Do I Need One?

A domestic contract is a legal agreement developed between two individuals—spouses, common-law partners, or couples planning to cohabit—to manage their rights, responsibilities, and expectations during a relationship or after separation. Common types include cohabitation agreements, marriage contracts (prenups), separation agreements, and post-divorce contracts.

These agreements help address important matters such as property division, financial support, and decision-making, setting clear expectations and preventing misunderstandings. They offer stability and peace of mind, particularly for couples entering a long-term partnership, blending families, or protecting assets from a previous marriage. Domestic contracts are legally binding when properly drafted, signed, and executed following Ontario guidelines. Investing in one now can reduce costly legal disputes and emotional stress later, while giving both parties transparency around financial and familial arrangements.

How Does the Domestic Contract Process Work?

Here’s a step-by-step summary of our domestic contract process:

Free Introductory Meeting: We’ll clarify the type of contract you want, answer initial questions, and explain how the process works.
Individual Intake Sessions: Each person meets privately with a mediator to gather personal goals, values, and relevant financial information.
Drafting Discussions: Parties and mediator work through key terms (asset protection, decision-making, support provisions, etc.), either in person or online.
Agreement Drafting: Mediators prepare a draft that reflects your discussions and intentions.
Review and Independent Legal Advice: Each person meets their lawyer to review the contract and ask questions.
Signing and Implementation: Once both parties sign, the contract becomes legally binding. We help with filing or registering it if necessary.
Follow-Up as Needed: Should circumstances change, you can revisit and revise the agreement.

This clear, collaborative pathway ensures your domestic contract aligns with both your needs and Ontario’s legal framework.

What Topics Can a Domestic Contract Cover?

Domestic contracts are highly customizable. Commonly addressed topics include:

Property and financial asset division, including bank accounts, investments, and real estate
Debt allocation, including student loans or mortgages
Spousal support terms, such as fixed amounts, duration, or waivers
Decision-making authority around children (when applicable)
Inheritance or estate planning considerations, especially for stepfamilies
Roles and financial responsibilities during the relationship
Business ownership interests or professional practice protection

We work with you to design an agreement that reflects your specific goals and realities. Our mediators guide both partners through open, respectful discussions to reach outcomes that fit your unique circumstances—whether emphasizing protection, clarity, or flexibility.

How Do You Ensure a Contract Is Legally Enforceable?

To make sure your domestic contract holds up in court, our process deeply focuses on key legal elements:

Full and accurate financial disclosure from both parties
Voluntary participation, ensuring no one is coerced
Clear and understandable language, without hidden clauses or ambiguity
Independent legal advice for each party prior to signing
Proper execution, including witnessing and notarization as required
Timely documentation, ensuring the agreement is signed and dated correctly

By following this framework, we help you create a strong, legally valid agreement that stands the test of time—and avoids future challenges around interpretation or legitimacy.

What Happens If Life Changes After Signing?

Life is rarely static—and your domestic contract should adapt with you. Whether you get married, have children, or experience a change in income, we can help modify your agreement to suit evolving needs.

Here’s how we guide updates:

We begin with a brief review session to identify which parts of your contract need attention.
New discussions follow about updated goals and circumstances.
Draft revisions are prepared to reflect those changes, with clear acknowledgment of the original contract.
Legal reviews and re-signing ensure the updated contract remains valid.

This adaptable process empowers you to maintain clarity and fairness as life shifts—while preserving the legal integrity and intent of your original agreement.

Frequently Asked Questions

How is spousal support determined?

Spousal support is based on several factors, including the length of the relationship, the roles each partner played during the relationship, each person’s financial situation, and whether there are children. The Spousal Support Advisory Guidelines (SSAGs) provide ranges for amount and duration.

Is spousal support mandatory after separation or divorce?

Not always. Eligibility depends on factors like financial need, the ability to pay, and any agreements made during the relationship. Spousal support is not automatic and may be negotiated or decided through mediation or by a court.

How long does spousal support last?

Duration depends on the length of the relationship and the recipient’s circumstances. A common guideline is 0.5 to 1 year of support for each year of cohabitation, but long-term relationships or those involving children may warrant indefinite support.

Can spousal support be changed after it’s been agreed upon or ordered?

Yes. Spousal support can be varied if there is a material change in circumstances (e.g., job loss, retirement, significant income change). This often requires mediation, negotiation, or court review.

Is spousal support tax deductible?

Spousal support payments are generally tax-deductible for the payer and taxable income for the recipient—but only if:

The payments are made periodically (e.g., monthly), not as a lump sum.
There is a written separation agreement or court order in place.
The support is clearly identified as spousal support (not child support).

Frequently Asked Questions

How is child support calculated in Ontario?

Child support is calculated using the Federal Child Support Guidelines, primarily based on the paying parent’s gross annual income and the number of children. The amount can vary depending on parenting time arrangements.

Do both parents have to pay child support?

Typically, the parent with less parenting time (or the one not primarily residing with the child) pays support. However, in shared parenting arrangements, both parents’ incomes are considered, and a set-off approach may apply.

What income is used for child support calculations?

Gross annual income from all sources is used, including employment, self-employment, commissions, rental income, and certain benefits. Line 15000 of the tax return (previously Line 150) is commonly referenced.

Can child support be adjusted over time?

Yes. Child support is reviewed and adjusted if there is a significant change in income, parenting arrangements, or the child’s needs. Annual income disclosure is often required.

Does child support cover extracurricular activities or school expenses?

No. Basic child support covers food, clothing, and shelter. Special or extraordinary expenses (like daycare, medical costs, or extracurriculars) are separate and typically shared proportionally based on each parent’s income.

Frequently Asked Questions

What is property equalization in Ontario?

Property equalization is the process of dividing the increase in value of each spouse’s net worth accumulated during the marriage. The spouse with the higher net family property pays half the difference to the other spouse.

How is net family property (NFP) calculated?

NFP is calculated by subtracting the value of assets and debts on the date of marriage from the value of assets and debts on the date of separation. Certain exclusions and deductions (like inheritances or gifts) may apply

What property is excluded from equalization?

Excluded property includes inheritances, gifts from third parties, personal injury awards, and certain insurance proceeds, if kept separate from joint assets. The matrimonial home is not excluded, even if it was inherited or owned before marriage.

Does property equalization apply to common-law couples in Ontario?

No. Property equalization under the Family Law Act applies only to married spouses. Common-law partners are not automatically entitled to a share of each other’s property and must rely on trust claims or specific agreements.

Can spouses agree to divide property differently than equalization rules?

Yes. Spouses can negotiate their own terms in a separation agreement, which can differ from what the law provides, as long as both parties disclose their finances and the agreement is fair and voluntarily entered into.

By addressing these important legal and financial matters through mediation, couples can reduce conflict, save money, and reach mutually beneficial solutions without going to court.

Throughout the process, we maintain a neutral stance, ensuring that both parties’ voices are heard, and their interests are considered. Our goal is to help you reach a comprehensive separation agreement that addresses all aspects of your separation, while minimizing conflict and preserving important relationships. By choosing our mediation services, you can navigate your separation with greater control, reduced stress, and significant cost savings compared to traditional litigation. Positive Solutions Divorce Services provides professional mediation services to families across Ontario, helping couples in cities like Toronto, Ottawa, Mississauga, and beyond reach fair and amicable agreements.

Schedule a Free Online Meeting for Mediation Services in Ontario

Frequently Asked Questions

What types of issues can mediation help us resolve?

Mediation through Positive Solutions supports nearly every aspect of separation. Our trained mediators guide couples through key topics like parenting plans, including schedules and decision-making; child and spousal support calculations based on Ontario and federal guidelines; property equalization for fair division of assets and debts; drafting separation agreements; and the divorce application process itself. We also assist with domestic contracts such as cohabitation or prenuptial agreements. Our goal is to provide a comprehensive, one-stop mediation solution that helps you finalize all separation-related matters without needing multiple professionals or a court battle—saving you time, money, and stress.

How does the mediation process work?

Divorce mediation at Positive Solutions follows a structured and supportive process:

Free, joint consultation to introduce mediation and learn about your situation.
Individual intake sessions, where you’ll complete financial checklists and explore concerns privately.
Joint mediation meetings in-person or online, where we address parenting, finances, support, and property.
Drafting your Separation Agreement, reflecting your jointly reached decisions.
Legal review (strongly recommended) before signing the agreement.
Final session to outline and confirm next steps (e.g., filing divorce, implementing changes).

This approach provides clarity, fairness, and a plan personalized to your family’s needs—without court involvement.

Can mediation save us money and time compared to going to court?

Yes—mediation is typically much faster and more affordable than traditional litigation. Court cases can drag on for months or years and involve high legal fees. Mediation, on the other hand, usually concludes in 4–8 sessions over a few months, and our flat-fee packages are transparent with optional payment plans. Because you maintain control over decisions and timing, mediation allows for quicker resolutions—and avoids court scheduling delays, motion costs, and unpredictable outcomes. For many of our clients, this means saving thousands of dollars and protecting family budgets during a challenging life transition.

What role does confidentiality play in mediation?

Confidentiality is a cornerstone of our mediation process. Unlike court hearings, which are public, mediation sessions remain private—nothing discussed is part of public record. This allows couples to speak honestly without fear. Mediators adhere to professional confidentiality standards, and any notes taken are securely stored or destroyed. The only exceptions involve legal obligations, such as threats of harm or child protection concerns. Confidentiality helps maintain dignity and trust throughout the process and enables more open, constructive communication.

What happens if we can’t agree on something during mediation?

While mediation aims for comprehensive agreement, it’s flexible if you encounter roadblocks. Mediators will help you explore options, break complex issues into manageable steps, or refer you to specialists—like financial advisors or therapists—as needed. If a specific topic remains unresolved, you can pause mediation or choose targeted legal advice on that point. Importantly, the rest of your agreement can still move forward while specific issues are addressed separately. Our goal is to help you reach as much agreement as possible, while respecting your unique circumstances and pacing.