Marriages, like any relationship, go through ups and downs. Sometimes, the downs last long enough for couples to consider divorce. In Ontario, the law provides for two types of divorce: contested and uncontested. In an uncontested divorce, the couple agrees on all the issues related to the divorce, and they file a joint application.
One of the key issues in a divorce is the separation agreement. A separation agreement is a legal document that outlines the terms of the separation. It covers issues such as custody, access to children, child support, spousal support, and the division of property.
Now, the question is, can you file for divorce without a separation agreement in Ontario? The answer is yes, you can. However, it`s not a recommended course of action.
When you file for divorce without a separation agreement, you`re essentially leaving the important issues to be decided by the court. This means that the judge will decide on matters such as child custody, support and property division on your behalf. Needless to say, this is not an ideal situation.
It`s important to note that the court`s decision may not necessarily be in your best interests. In fact, it`s unlikely that the judge`s ruling will be exactly what either you or your spouse wants. You may end up with less than what you were hoping for, and your spouse may also feel cheated.
By contrast, a separation agreement allows you and your spouse to come to an agreement on all the important issues. You`re in control of the process, and you can negotiate until you`re both satisfied with the terms. Once you`ve reached an agreement, you can file for an uncontested divorce.
In an uncontested divorce, the court simply reviews your agreement to ensure it`s fair and reasonable, and then approves it. This means that the terms of your separation agreement will become the terms of your divorce order.
In conclusion, while it is possible to file for divorce without a separation agreement in Ontario, it`s not recommended. Leaving the important issues to be decided by the court can lead to unpredictable results that may not be in your best interests. It`s much better to work with your spouse to come up with a separation agreement that works for both of you.