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About Divorce About Divorce

Before you purchase a divorce guide book or forms kit, we recommend you spend a few minutes reading this page.

Joint or Sole applicant?

The information in the instructions accompanying our divorce forms kits and in the Divorce Guide for Canada is meant for people doing what is known as a “desk-order divorce”.

To do a desk-order divorce, the divorce must be uncontested and issues relating to claims (i.e., for child support, spousal support, custody, and division of property) should have been previously agreed upon.

If you intend to do a desk-order divorce using one of Self-Counsel’s lawyer-written divorce guides and one of the accompanying forms kits, you and your spouse should not have any unsettled disputes or matters that require the assistance or advice of a lawyer. In fact, you can help prepare for your divorce by purchasing and completing a Separation Agreement.

Note: the following does not apply to Alberta, Ontario, and the Yukon, where only Sole applications are possible.

The first decision you need to make is, will you apply alone for divorce as a sole petitioner, or will you and your spouse apply for divorce together, as joint petitioners?

To apply as joint petitioners:

  • You and your spouse must be prepared to work together to seek a divorce judgement — what the law calls “consent of both parties.” If you and your spouse disagree on any issue, such as access, custody or support, you must not use a joint petition.
  • The only grounds for divorce allowed to joint petitioners is under section 8(2)(a) of the Divorce Act — one year separation. If you want to proceed with a divorce application based on section 8(2)(b) of the divorce act — using grounds of cruelty or adultery — you must proceed as a sole petitioner and we recommend you discuss this with a lawyer.

If you are confident that you know which (sole or joint petition) approach you will be taking, you can read about the books and kits we offer.

Separation Agreement

Properly written, a separation agreement will help make your divorce easier. This is a written agreement that lays out for the court what you and your spouse have agreed to. So long as your agreement complies with the terms of the Divorce Act (such as support payments), it will help smooth the flow of your application for divorce. Our national Separation Agreement book (all provinces except Quebec) contains the forms and instructions you need to prepare a written separation agreement.

Things to think about

Divorce is never easy or simple, and it is often an emotional time for everyone. Knowing more about and understanding your rights is very important if you want to make informed decisions for yourself.

Your Divorce, Your Dollars is an expert guide to financial planning before, during and after divorce and is essential reading for anyone wishing to overcome the financial challenges of divorce and lead a financially healthy life.

An all-new edition of our 30-year best-selling Alberta: Marriage, Separation, and Divorce is essential reading for married, common-law, and same-sex partners who want to learn about and understand their rights.

Ontario: Marriage, Separation, and Divorce has been a provincial best-seller for more than 18 years. The updated 10th edition reflects the changing legal environment of Ontario.

Filing for divorce

We offer a wide range of books and forms kits to help you file an uncontested application yourself.

Self-Counsel Press offers a range of lawyer-written divorce kits for all provinces except Quebec. The kits combine a guide book, instructions on how to complete the forms, and examples of the forms in use. Every kit contains a CD with blank forms you can fill in and print.

We also offer the Divorce Guide for Canada book together with forms kits you can download for all provinces and territories except Quebec. The book explains what you need to know about the law and the procedures involved in a divorce in Canada; each forms kit contains blank forms in both Microsoft Word and Adobe Acrobat Reader formats together with sample forms in Acrobat format and clear instructions for completing and filing the forms.

Purchase the Divorce Guide for Canada (which we will mail to you) and download the appropriate forms kit.

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