Do You Need a Lawyer for a Joint Divorce in Ontario?
                     Do You Need a Lawyer for a Joint 
Divorce in Ontario?
BTL Law Firm
September, 2025
SparationAgreementOntario.ca Page 1
Contents
What Is a Joint Divorce and When Is It Used?......................................................................................... 2
Is It Legally Required to Have a Lawyer for a Joint Divorce? ................................................................... 3
Benefits of Self-Representation in a Joint Divorce .................................................................................. 4
How a Family Lawyer Can Support a Joint Divorce ................................................................................. 5
Cost of Hiring a Family Lawyer for Joint Divorce in Ontario .................................................................... 7
Choosing Between DIY and Legal Support: What to Consider ................................................................ 8
Hire Ontario Family Lawyer for Agreement .......................................................................................... 10
What Is a Joint Divorce and When Is It Used?
In Ontario, a joint divorce is a type of uncontested divorce where both 
spouses file the divorce application together and agree on all major 
issues related to their separation. This includes matters such as child 
custody and access, child and spousal support, and the division of 
property and debts. It reflects a cooperative approach to ending the 
marriage, typically resulting in a faster, simpler, and more cost-effective 
process compared to contested divorces.
Under Ontario’s Divorce Act, a couple may file for joint divorce if they 
meet the following requirements:
 Mutual Agreement: Both parties must agree that the marriage has 
broken down and be on the same page regarding all related legal 
matters.
 One-Year Separation: Generally, the couple must have lived 
separate and apart for at least one year before the divorce is 
finalized, although they can still live in the same household under 
specific circumstances (as long as there is no intention to 
reconcile).
 Complete Documentation: A joint application must include all 
relevant financial disclosure forms and parenting plans (if children 
are involved), along with an affidavit of divorce and a draft divorce 
order.
Common Situations Where Couples Choose Joint Divorce:
 Amicable Separation: When both spouses agree the relationship 
has ended and want to part ways respectfully.
 No Major Disputes: There are no significant disagreements over 
children, property, or support.
 Cost-Conscious Couples: Those looking to avoid the financial 
burden of drawn-out litigation or courtroom appearances.
 Simple Marriages: Couples without children or significant shared 
assets often find joint divorce the most straightforward option.
Is It Legally Required to Have a Lawyer for a Joint Divorce?
No, you are not legally required to hire a family lawyer to file for a 
joint divorce in Ontario. The process is designed to be accessible and 
straightforward for couples who are in full agreement on the terms of 
their separation. If you and your spouse have resolved all matters related 
to child custody, support, division of property, and other marital 
issues, you are eligible to proceed without legal representation.
You Can File on Your Own
Ontario courts allow spouses to file a joint divorce application using
standard court-provided forms. These documents include:
 Form 8A: Application (Divorce)
 Form 36: Affidavit for Divorce
 Form 25A: Draft Divorce Order
 Financial statements (if applicable)
 Parenting Plan and Support documents (if children are involved)
All these forms are available through the Ontario Court Forms website 
and can be completed by self-represented parties.
Online Filing and Court Assistance
Thanks to Ontario’s online divorce filing system, couples can now 
submit their joint divorce applications electronically through the Justice 
Services Online (JSO) portal. This digital option streamlines the 
process, eliminating the need for in-person visits to the courthouse in 
many cases.
Additionally, court staff may offer general guidance on how to file, 
what forms are needed, and where to submit them. However, they 
cannot provide legal advice, draft documents on your behalf, or resolve 
disputes.
Benefits of Self-Representation in a Joint Divorce
For many couples in Ontario who agree on all terms of their separation, 
self-representation in a joint divorce can offer several practical 
advantages. While hiring a family lawyer has its place—especially in 
complex situations—handling the process on your own is a perfectly 
viable option when the divorce is amicable and uncomplicated.
Cost Savings When Issues Are Already Settled
One of the most compelling reasons to pursue self-representation is the 
significant reduction in legal costs. Since both parties have already 
agreed on key matters such as parenting arrangements, spousal support, 
and property division, there's no need for lengthy negotiations or court 
appearances. This allows couples to avoid hourly legal fees, retainers,
and other professional service costs. For many, the total cost may be 
limited to the court filing fee and administrative expenses.
Faster Process with Fewer Legal Steps
A joint divorce typically moves more quickly through the system than a 
contested one. When you represent yourself and submit a complete, 
properly prepared application, your file can be processed without 
delays related to legal back-and-forth. The use of Ontario’s online filing 
system can further expedite the process, allowing for document 
submission and updates without setting foot in court.
Suitable for Straightforward, Uncontested Situations
Self-representation is best suited for simple, uncontested divorces— 
especially when:
 There are no minor children or a clear, agreed-upon parenting plan 
is in place
 There are minimal shared assets or debts to divide
 Both spouses have a clear understanding of their rights and 
responsibilities
How a Family Lawyer Can Support a Joint Divorce
Even in a cooperative and uncontested separation, a family lawyer can 
play a valuable role in ensuring the joint divorce process in Ontario goes 
smoothly and without costly errors. While legal representation isn’t 
required, involving a lawyer can help protect your rights and prevent 
issues from arising later—especially when dealing with financial matters 
or parenting arrangements.
Reviewing or Drafting the Separation Agreement
Although joint divorce requires both spouses to be in agreement, it’s 
crucial that the terms of that agreement are clearly outlined and 
legally sound. A family lawyer can:
 Draft a comprehensive separation agreement tailored to your 
unique circumstances
 Review an existing agreement to ensure it is fair and 
enforceable
 Identify any vague or contradictory language that could lead to 
future disputes
This is especially important if your situation involves real estate, 
pensions, business ownership, or other complex assets.
Ensuring Compliance with Ontario Family Law
A family lawyer can help ensure your agreement complies with the 
Family Law Act, Divorce Act, and other applicable legislation, 
particularly in matters related to:
 Child custody and parenting time
 Child and spousal support obligations
 Equalization of Net Family Property
Courts are unlikely to grant a divorce if the arrangements regarding 
children or support appear unfair or incomplete. A lawyer helps you 
meet legal standards while still respecting the mutual decisions made 
between spouses.
Avoiding Errors and Delays
Filing for joint divorce requires completing a series of forms, affidavits, 
and supporting documents. Common issues that delay processing 
include:
 Missing or incorrect information on forms
 Incomplete financial disclosure
 Improper service or filing procedures
A family lawyer ensures that everything is submitted accurately and in 
proper legal format, reducing the risk of rejection or costly re- 
submissions. Even if you plan to represent yourself, a one-time 
consultation or document review can be a smart investment to streamline 
the process and avoid surprises.
Cost of Hiring a Family Lawyer for Joint Divorce in Ontario
While joint divorce is generally more affordable than contested divorce, 
many couples wonder what it might cost to bring a family lawyer on 
board. The good news is that legal fees for a joint divorce in Ontario are 
often predictable and manageable, especially when compared to the 
costs of a drawn-out legal battle.
Typical Flat-Rate Pricing Models
Many family lawyers in Ontario offer flat-rate packages for joint 
divorce services. These fees typically cover:
 Drafting or reviewing the separation agreement
 Preparing and filing court forms
 Communicating with the other spouse (if needed)
 Filing the divorce application and finalizing the process
Flat fees for joint divorces usually range between $1,000 to $2,500 
CAD, depending on the complexity of your case and whether the lawyer 
is also preparing your separation agreement. This pricing structure 
provides transparency and peace of mind by avoiding unexpected 
billing.
Comparison to Contested Divorce Legal Costs
To put things in perspective, a contested divorce—where spouses 
disagree on major issues—can cost $10,000 to $30,000 or more in legal 
fees per person, due to court hearings, ongoing negotiations, and the 
time required to resolve disputes. In contrast, a joint divorce with 
limited legal assistance is significantly more cost-effective and less 
emotionally draining.
Options for Unbundled or Limited-Scope Legal Services
If your budget is tight but you still want legal guidance, many Ontario 
lawyers offer unbundled services, also known as limited-scope 
representation. This means you pay only for specific tasks, such as:
 Reviewing your separation agreement
 Ensuring your court forms are properly filled out
 Giving you legal advice before you file
This approach allows couples to minimize legal fees while still
benefiting from professional advice and avoiding costly errors. It’s a 
practical option for those who are mostly self-represented but want 
assurance that everything is being done correctly.
Ultimately, the level of legal support you choose depends on your 
comfort level, the complexity of your situation, and your desire for 
peace of mind. We'll now explore how to decide whether legal help is 
right for you.
Choosing Between DIY and Legal Support: What to Consider
Deciding whether to file a joint divorce on your own or with the help of 
a family lawyer in Ontario comes down to your unique situation. While
many couples manage the process independently, others find that legal 
guidance offers valuable clarity, protection, and peace of mind.
Complexity of Your Assets, Parenting Plan, and Support 
Arrangements
If your marriage involves real estate, pensions, business interests, or 
significant joint debts, legal assistance is strongly recommended.
Likewise, if you have children, a lawyer can ensure that your parenting 
plan and child support arrangements comply with Ontario’s legal
standards and serve the child’s best interests.
For simpler divorces—no children, limited assets, and mutual 
agreement—DIY may be a reasonable and cost-effective path.
Confidence in Understanding Your Legal Rights and 
Responsibilities
A successful joint divorce requires more than mutual agreement; it 
requires an understanding of your legal obligations, including:
 Full financial disclosure
 Proper division of marital property
 Legal entitlements to support
If you're confident in navigating legal documents and court procedures, 
you may be comfortable proceeding alone. However, if you're uncertain 
about any aspect of your rights—or fear you may be overlooking 
something important—consulting a lawyer can prevent regrets later.
Whether Peace of Mind and Long-Term Protection Are Worth the 
Investment
Even in amicable divorces, getting it right the first time is essential. A 
small investment in legal support now can save you from expensive 
corrections or legal disputes in the future. A lawyer can:
 Confirm your agreement is enforceable and fair
 Prevent delays caused by incorrect filings
 Offer reassurance that you’ve protected your interests
In the end, the decision is about balancing cost, complexity, and 
confidence. For many Ontario couples, a hybrid approach—handling 
most of the paperwork themselves while consulting a lawyer for key 
reviews—offers the best of both worlds.
Hire Ontario Family Lawyer for Agreement
Need help? Visit SeparationAgreementOntario.ca or call 
at (647) 254-0909 for expert advice.
Download from here – Template of Separation Agreement 
Form Ontario
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