When you can file
To file for divorce in Canada, both spouses must have been living separate and apart for at least one year. This is the most common ground for divorce under Canadian family law. For many Fairway clients, this one-year period has been met or nearly met by the time the Separation Agreement is signed and independent legal advice is complete.
If you have been separated for less than a year when the agreement is finalised, then the divorce application simply waits until the one-year mark is reached. The Separation Agreement is complete and enforceable in the meantime. The divorce judgment is the formal legal endpoint, but it is not required for the agreement to have effect.
Where children are involved, the court will also confirm that satisfactory parenting arrangements and child support provisions are in place before granting the divorce order. This is also straightforward, because Fairway's process produces comprehensive, court-ready parenting plans and compliant child support arrangements.
What divorce filing involves
Filing for divorce in Canada involves submitting a divorce application to the appropriate court, along with the required court documents. That includes the marriage certificate or proof of marriage, and in most cases a copy of the Separation Agreement. For couples who have resolved all issues and are filing a joint application, this is an uncontested divorce, the simplest and most efficient form of divorce proceedings available.
A joint divorce application is filed by both spouses together and does not require a court appearance in most provinces. It is the natural outcome of a process in which both spouses have reached full agreement on all matters, including property division, spousal support, child support, and parenting arrangements. Fairway's INR™ process is specifically designed to produce exactly this outcome.
The court will review the divorce application and, once satisfied that the requirements have been met, issue a divorce judgment. This becomes the divorce order, the formal legal document confirming that the marriage has been dissolved. The process typically takes several months from filing, depending on the province and the court's workload, but it proceeds without the involvement of either party once the documents have been submitted correctly.
