Application for divorce by agreement: You and your spouse agree and you already have a written agreement

You can make an Application for Divorce by Written Agreement, if:

  • you and your spouse agree on all the issues related to your divorce and that entire agreement is set out in a written agreement

  • only one of you is filing the paperwork to start the divorce, and

  • you are applying for divorce based on 1 year’s separation.

The written agreement may be:

  • a separation agreement

  • an agreement and minutes of settlement, or

  • a draft court order about the terms of your divorce, called a Corollary Relief Order, signed by you and your spouse showing you both agree to the terms of the order.

When you file an Application for Divorce by Agreement, you are called the Applicant, and your spouse is called the Respondent.

You will need to arrange to have your spouse personally served with the documents after filing them with the court.  You cannot personally deliver the documents to your spouse.  You must arrange for someone else, preferably a professional process server or a bailiff service, to hand deliver the documents to your spouse so that they know the divorce application is being filed with the court. This is the case even when your spouse has signed documents to allow the application for divorce to go forward, because you may have a separation agreement that was signed several years ago. It’s important for your spouse to receive notice that you are now asking for a divorce based on the terms of that separation agreement.

See the ‘personal service section later in this Guide for more details on how to arrange for personal service.

Application for Divorce by Written Agreement - Forms or Documents Required

You must file the following forms with the court to start an Application for Divorce by Agreement:

  • Form 59.45 - Application for divorce by agreement PDF form  Word form 

  • Form FD12 – Affidavit supporting an uncontested divorce (application)  with the agreement attached as an exhibit

    • This document must be signed in front of a Commissioner of Oaths

  • Form FD1 – Statement of Contact Information and Circumstances PDF form  Word form 

  • Personal Representation Form PDF form  Word form 

  • Form 59.48A – Divorce Order 

  • Form 59.48B – Corollary Relief Order  (which is consented to and signed by both parties OR attaches a written separation agreement signed by both parties)

  • Long Form Marriage Certificate

  • Financial and other disclosure documents as required and depending on your situation (See section on ‘Disclosure documents’ later in this Guide)

    • Many of these documents must be signed in front of a Commissioner of Oaths.

  • 4 stamped, self-addressed envelopes (2 envelopes with your information, and 2 envelopes with your spouse’s information).

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