Family law in Scarborough
Simple divorce in Ontarioafter a marriage abroad
Your marriage certificate came from another country. Your spouse may still live there. Ontario's court then asks for a few extra papers and gives your spouse a longer time to answer. This page lists them in the order the court asks for them.
Call Muhammad Nadeem: (289) 937-1998
Two conditions decide if a simple divorce is open to you
A simple divorce is the one-spouse application: you ask the Ontario court for a divorce and nothing else. Your spouse is served and does not answer. The judge reads the papers and grants the divorce without a hearing in a courtroom.
Where you married does not matter for this. Under section 3(1) of the Divorce Act, an Ontario court can hear the case when either spouse has lived in Ontario for at least one year before the application starts. Your spouse can be in Lahore, Delhi or Dubai.
The reason for the divorce is almost always that you have lived separate and apart for a year (section 8). If you moved back in together to try again, up to 90 days for that purpose does not restart the year.
The papers a marriage abroad adds to your file
Ontario's own simple divorce checklist lists four things that families who married outside Canada often get stuck on. Gather them before the application is filed, because a missing paper sends the file back.
The original marriage certificate
The court wants the original certificate or marriage registration certificate, issued by the government where you married. Ask that office for the original or a certified copy. If you cannot get one at all, you explain why in your affidavit for divorce (Form 36) and the judge decides.
A certified English translation
A certificate that is not in one of Canada's two official languages has to be translated by a certified translator. You file the certificate and the translation together. Steps to Justice suggests asking the translator for an affidavit of translation.
Proof that an earlier marriage ended
If either of you was married before and the marriage took place outside Canada, the court also asks for proof of that earlier divorce or of the earlier spouse's death. This comes from the government office that records it in the other country.
Names exactly as on the certificate
Every form carries your first, middle and last names spelled exactly as on the marriage certificate. If your name is spelled differently on your Canadian documents, or changed after the wedding, you explain the difference in Form 36.
When your spouse still lives abroad
You are not allowed to hand the papers to your spouse yourself. A relative or friend over 18, or a process server, does it and swears an affidavit of service (Form 6B). If your spouse is outside Canada, the Hague Convention on service abroad may apply; the Ontario checklist links the tables of countries that follow it. Here is the order of the steps, with the times the court itself gives.
- Application issuedForm 8A filed, $224 paid. The court asks the federal registry for a clearance certificate.
- Serve within 6 monthsServed as soon as possible, no later than 6 months after the date it was issued.
- 60 days to answerFor a spouse outside Canada and the United States. Inside them, 30 days.
- Form 36 and orderAffidavit for divorce, affidavit of service and a typed draft divorce order (Form 25A), $445 paid.
- Clearance, then a judgeRegistry clearance can take 4 to 6 weeks. A judge then reviews the file.
- Day 31The divorce takes effect on the 31st day after the judgment (section 12(1)).
What the court charges
These are the government's fees, paid to the Minister of Finance, from the Ontario family court fees page and the court checklist. They are the same whoever prepares your papers. If you cannot afford them, you can ask for a fee waiver at either payment step; the $10 federal fee is the one part it does not cover.
| Step | Fee |
|---|---|
| Filing the application (Form 8A) | $214.00 |
| Central Registry of Divorce Proceedings | $10.00 |
| Placing the file on the list for a judge | $445.00 |
| Total for the divorce | $669.00 |
| Certificate of divorce, if you need one later | $25.00 |
If you have children together
Before granting any divorce, the judge has to be satisfied that reasonable arrangements have been made for the support of the children, measured against the child support guidelines. Without them, the divorce waits. That is the court's duty under section 11(1)(b) of the Divorce Act, so Form 36 sets out who the children live with, the incomes and the support being paid.
Preparing your file at 1225 Kennedy Road
Muhammad Nadeem is a Barrister, Solicitor and Notary Public licensed by the Law Society of Ontario. In a simple divorce file he goes through your certificate and translation, prepares the forms, arranges service on your spouse, and files with the Superior Court of Justice.
- The first 30 minutes are free, in the office or by phone.
- You can explain your situation in English, Urdu, Punjabi or Hindi.
- Bring the marriage certificate, any translation you already have, and the dates you separated and came to Ontario.
Read more about Muhammad Nadeem and the other family law services of the office, such as separation agreements and support. Affidavits sworn outside court can be done through his notary public services.
Questions families ask about this divorce
- We married in Pakistan. Can we divorce in Ontario?
- Yes, if one of you has lived in Ontario for at least one year before the application is filed, and you have lived apart for at least one year when the judge decides. Where you married does not decide which court can grant the divorce.
- My spouse lives in India. How long do they have to answer?
- 60 days after they receive the application, because they live outside Canada and the United States. A spouse in Canada or the US has 30 days. You wait out the full period before you file your affidavit for divorce.
- I lost the marriage certificate. Is my divorce stuck?
- Ask the government office where you married for a certified copy first. If you truly cannot get one, you explain why in your affidavit for divorce, and the judge decides whether that explanation is enough.
- Does a simple divorce divide our property or set support?
- No. A simple divorce asks the court for the divorce only. Property, spousal support and parenting are separate claims, so speak to a lawyer before you file if any of them is still open.
Sources: Ontario, documents for divorce applications; Ontario simple divorce checklist; Divorce Act sections 3, 8, 11 and 12.
Book a consultation at 1225 Kennedy Road, Scarborough.
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