Documents needed for divorce in Canada
The only document you are certain to need to file, other than the divorce documents themselves, is your original marriage certificate. If you don’t have the original you can file a certified copy but you must obtain the certified copy directly from the issuing jurisdiction. You can find links to assist you in obtaining a certified copy of your marriage certificate here.
If you married abroad and your marriage certificate is in a language other than English of French you will need to have it translated. That is the only document, other than your divorce documents and the papers you will obtain through the divorce process itself that you will need to file. The only exception to not needing to file any other documents is in the case where there are children under the age of majority or otherwise still financially dependent upon you and your spouse for support. In those cases, depending on other circumstances, you may need to file financial documents showing your gross annual income.
The usual rule is that, if you have agreed that one spouse will pay the Federal Child Support Table amount of child support to the other spouse, then the spouse receiving the support will not need to file any financial information. The spouse paying the support will need to file a copy of his or her income tax return for each of the past 3 years along with all Notices of Assessment and Reassessment. However, the courts in some provinces, including BC, Ontario, and Alberta, often waive this requirement where the spouses have agreed upon the child support to be paid.
Where there is an agreement but it is for an amount which is different from the Table amount, financial documents from both spouses may be required but again, often this is waived. It is best to check with the local court office to determine for sure what financial disclosure they will need in your case. However, even where these financial documents are not required, the information concerning gross annual incomes still needs to be included in the appropriate divorce forms.
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