Patrice Samuel Robinson
Looking for an Easy Divorce? What to Know About Uncontested Divorce in Canada
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Looking for an Easy Divorce? What to Know About Uncontested Divorce in Canada

April 4, 2026

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Divorce is never truly easy, but an uncontested — or amicable — divorce can make the process significantly less painful, less expensive, and less time-consuming for everyone involved, including children.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on the major issues: parenting arrangements, child support, spousal support, and the division of property. Because the partners are not fighting over these issues, the court's involvement is limited to formally granting the divorce.

This is very different from a contested divorce, where the partners cannot agree and must go through a lengthy, expensive, and emotionally draining legal battle.

Changes to Canada's Divorce Act

Canada's Divorce Act has undergone significant revisions in recent years, introducing new terminology that every divorcing couple should understand:

  • "Custody" and "access" have been replaced with "parenting time," "decision-making responsibility," and "contact."
  • Decision-making responsibility refers to the authority to make important decisions about a child's well-being, including health, education, and religious upbringing.
  • The "best interests of the child" is now the sole consideration in all decisions involving children, rather than a presumption that children benefit from maximum time with both parents.

    • How to Qualify for an Uncontested Divorce

    The specific requirements vary by province. Generally, you must have been separated for at least one year with no reasonable prospect of reconciliation, and you must agree on all major issues, including parenting arrangements, support payments, and the division of assets.

    In Ontario, an uncontested divorce can take two forms:

  • Sole uncontested divorce — One spouse files the divorce papers.
  • Joint uncontested divorce — Both spouses file together, demonstrating a high willingness to cooperate.

    • What Is the Process?

    Even an uncontested divorce involves several steps:

    1. Preparation of documents — The required forms must be completed accurately, which can take time, particularly when children are involved.

    2. Filing with the court — The documents are filed with the appropriate court in your province.

    3. Possible mediation — A mediation process may help resolve any remaining details.

    4. Court judgment — A judge must render a formal judgment to finalise the divorce, which can take several months.

    Benefits of an Uncontested Divorce

  • Lower cost — Reduced legal fees and less time in court.
  • Faster resolution — Because the major issues are already resolved, the process moves more quickly.
  • Less stress — An amicable divorce is generally less emotionally taxing for everyone, especially children.

    • How a Personal Legal Service Plan Can Help

    Even in an amicable divorce, legal guidance is essential. A Personal Legal Service Plan gives you access to a lawyer who can explain the process, help draft your agreement, prepare and file your court documents, and ensure your rights and your children's interests are fully protected.

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