No-Fault Divorce – Canada

In Canada, most divorces are granted on a no-fault basis. This means that a judge may grant you a divorce without you having to prove that your spouse violated the marriage contract, leading to the breakdown of the marriage.

A no-fault divorce is quicker, easier, and less expensive than a fault-based divorce. This is why the majority of divorces are granted on the grounds of the spouses living separate and apart for one year, as opposed to the fault-based grounds of adultery or cruelty. Especially in non-contested divorces or joint applications, a no-fault divorce allows the parties to apply together to have the court declare the breakdown of the marriage without having to present evidence (or worse, pay lawyers to present evidence).

The no-fault system severely limits the ability of a respondent spouse to challenge the application. If you’re the applicant, this is good for you, as once you have satisfied the court that you have established grounds for divorce by living apart for one year, your spouse cannot stop you from obtaining a divorce. On the other hand, if your spouse is the applicant and you want to work things out, there may not be anything you can do to stop the divorce from being granted.

It is always preferable to resolve as many issues as you can with your spouse before resorting to litigation. Work with your spouse to create a mutually-agreeable solution and apply together to obtain a simple or uncontested divorce. Take advantage of the no-fault system and save yourself a lot of time, money, and frustration.

Naked Divorce Filer is for you if you and your spouse:

• DON’T have any child custody issues
• DON’T have any child or spousal support problems
• DON’T have any issues over debt or property to resolve
  

  Have both you and your spouse agreed to get a divorce?

  If so, please use The Joint Divorce Application.

  If just one of you wants to get divorced…

  Please use The Simple Divorce Application.

Each application comes with its own instructions, information, and documents required to:

• Finalize your divorce application
• Serve your divorce application on your spouse
• File your divorce application with the Court

Still stuck in that queue 30 years ago.

Lawyers start every divorce application from scratch:

NO time and money-saving online systems.

NO leveraging technology.

SO  they charge you $2,500 because they can’t be bothered to modernize.

Would you pay that sort of money for a tax return? NO WAY! Thankfully, you don’t need to because the tax industry has solved many of the complexities surrounding personal income taxes by using technology. Shame the legal profession hasn’t followed suit.

So while lawyers remain technophobes, you can bypass their services with Naked Divorce Filer. It uses technology to reduce the cost of applying for a simple, uncontested divorce.

Pay a lawyer $2500 or use Naked Divorce Filer for $599 + HST? You decide.

Yes, Naked Divorce Filer is an online questionnaire. But our team will always be here to help if you need it at any stage during the process. You will be assigned a document specialist you are free to call or email anytime.