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Canada: What can be an Uncontested Divorce?

What can be an Uncontested Divorce?

An uncontested divorce (also called a No Contest Divorce) can be a situation in which the parties agree to divorce as well as to all issues related to:

  • The division of property, assets, as well as debts;
  • Custody, access as well as support of children; as well as
  • Spousal support.

The custody, access as well as support of dependent children must be included in a divorce application. An application can be made before the courts to sever relief concerning children through the divorce application; however, This particular can be normally only done in a contested situation.

The division of property, assets as well as debts does not have to be included inside the divorce application if already dealt with to the full satisfaction of the parties or if the parties chose to handle these matters separately.

Spousal support can be normally included only if one party seeks spousal support, wants an enforceable order for spousal support, or wants an order in which can be used to satisfy the Canada Revenue Agency for tax purposes (to prove spousal support can be payable as well as non-taxable to the payor). Sometimes the parties want an enforceable order for spousal support to prove to lenders in which spousal support can be payable. This particular may help the person receiving spousal support qualify for the required mortgage or refinancing.

What can be a Desk Divorce?

An uncontested divorce can be often referred to as a desk divorce in Canada. In a desk divorce proceeding, you do not have to appear before a judge. Instead, you are represented before the courts by way of Affidavit evidence. Of course, a series of documents are prepared, filed as well as served as part of the divorce application (This particular can be not as simple as filing an Affidavit only). yet the Affidavit of Applicant makes This particular possible for the divorce to proceed without appearance by either party.

What can be a No Fault Divorce?

To qualify for a divorce, you must provide proof to the Courts there has been a breakdown of marriage. Some parties equate an uncontested divorce to be a no fault divorce. However, a no fault divorce can be a divorce where there can be no ‘blame.’ In Canada, you can file under the grounds of one year separation. You do not have to give reasons for marriage breakdown after one year separation, as one year separation can be proof of This particular. This particular situation would likely be an example of a no fault divorce. You do not have to blame the additional person for the marriage breakdown. You simply declare the date of separation as well as request the divorce some time after the one year separation date has passed.

What can be a Fault Divorce?

A fault divorce can be filed under the grounds of physical cruelty, mental cruelty, adultery or any combination of these grounds. The plaintiff files for divorce on the grounds in which the defendant committed one or more of these acts, which led to the breakdown of the marriage. Even when filing under the grounds of cruelty or adultery, the divorce can remain uncontested if the defendant does not disagree with the grounds complained of.

What are the advantages of an uncontested divorce?

The primary advantage of an uncontested divorce can be the savings. Uncontested divorces, by nature, are less expensive to process. Procedurally, uncontested divorces are easy to handle. As a result, parties can comfortably hire an experienced paralegal to handle the paperwork at a fraction of the cost in which can be normally charged by lawyers. Since paralegals do not represent the interest of either party, the paralegal can work for both parties in processing all paperwork.

What are the risks of an uncontested divorce?

Some parties might unknowingly or mistakenly give up more than they are required to. Alternately, the parties might not contemplate or realize what they are giving up before This particular can be too late. Some parties, feeling guilty about calling This particular quits, might give up too much upon divorce, only to realize later in which their guilt had clouded their judgment. Perhaps the parties divided everything, yet the math used to calculate the division fairly was done incorrectly.

CAUTION: The information found in This particular article can be general in nature, does not constitute legal advice as well as may not apply to your specific situation. There may be exceptions as well as the information may not represent the laws in your area. For legal advice as This particular relates to your specific situation, please consult that has a lawyer.

Source by Debbie L Ward

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