Application for Divorce by Written Agreement
In an Application for Divorce by Written Agreement, both spouses have agreed on all of the outstanding issues in a written document. This document is usually a formal separation agreement or is sometimes called an ‘agreement and minutes of settlement’; however, it can also be a draft corollary relief order that has been agreed to by both parties.
When filing an Application for Divorce by Written Agreement, you and your spouse are referred to as the ‘applicant’ and the ‘respondent.’
As technically only one spouse is filing the application in this case, the other spouse must be personally served with the documents. This means that you must arrange for someone – preferably a professional process server – to give documents directly to your spouse, so that they know the application is being filed with the court. This is the case even though your spouse has probably signed documents to allow the application for divorce to go forward. This is because you may have a separation agreement that was done a while ago, and it’s important for your spouse to receive notice that you are now asking for a divorce, using the terms of that separation agreement.
Filing an Application for Divorce by Written Agreement in Halifax, Sydney, or Port Hawkesbury? Click here for your forms.
Filing an Application for Divorce by Written Agreement in Amherst, Antigonish, Bridgewater, Digby/Annapolis, Kentville, Pictou, Truro or Yarmouth? Click here for your forms.