The Ontario Superior Court of Justice (OSCJ) has announced that couples who live Brampton, Hamilton, Ottawa, or Toronto and who collectively agree to a divorce may now file an application for divorce online. This pilot study is being conducted with an intention to speed up the process of filing for a divorce.
Although, before you submit an application you must qualify and have all of the required documents. The OSCJ states that:
To file online either you or your spouse must:
- currently live in one of the four pilot locations (Brampton, Hamilton, Ottawa and Toronto)
- have lived in Ontario for at least one year (leading up to filing your application)
- be separated for at least one year
Both you and your spouse must also:
- have been married in Canada or have an electronically-issued marriage certificate (not a scanned copy) from another country
- agree to the divorce
- be able and willing to sign court documents
- must swear that the documents are true in front of a notary public or commissioner for taking affidavits
- have already resolved any other family law matters, such as parenting, spousal support or division of property
- not require a fee waiver
The OSCJ also required the relevant documents:
- Form 8A: Application (Divorce)
- Form 36: Affidavit for Divorce
- Form 25A: Divorce Order
- Copy of your marriage certificate
- Form 35.1: Affidavit in Support of Claim for Custody or Access
- Child or Spousal Support Forms
The cost of an application is currently $447. After application the court will review it and send an email including a) your joint divorce application with an attached court seal and, b) the assigned court file number and date of issue.
The OSCJ also advises that any couple wishing to file an application should speak to a lawyer beforehand to ensure that they qualify, and have all of the requisite documents.
At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at RussellAlexander.com