Simple Divorce Papers

Divorce is defined as the legal termination of a marriage. Separation does not alter the legal status of the spouses. No matter how long they are separated they are still legally married until a divorce becomes final. Even an annulment does not really end a marriage. Instead it treats the marriage as if it had never taken place. Annulments are extremely rare and are only granted in very limited circumstances.

The entry on divorce in Wikipedia states in part, “Canada did not have a federal divorce law until 1968. Before that time, the process for getting a divorce varied from province to province.” This is misleading as it implies that in 1968 the process for getting a divorce became standardized across Canada. This is not the case.

First, Canada has always had a federal divorce law, since the constitution assigns responsibility for divorce to the federal government. However, the administration of the law, including the forms and procedures to be used, is left up to each province. As a result there is a wide variety of practices across the country. Just as an example, in the Maritimes, Manitoba, and Saskatchewan you file a Petition for divorce but in Ontario and Newfoundland you file an Application and in BC and Alberta you file a Statement of Claim for Divorce.

These differences are not just cosmetic either. The content and appearance of the forms, as well as the number of forms required, varies widely. In BC a sole claimant with children will need to file about 14 different documents but in Ontario it may take only half a dozen. The filing fee charged by the court also differs significantly. The lowest is $85 in PEI and the highest is $448 in Ontario. Quite a difference.