本文发表在 rolia.net 枫下论坛离婚有三种形式:

An application for uncontested divorce may be brought in three ways:

1. A Simple Application: A simple application deals only with a request for divorce. The steps for a simple application are found in the “Simple Application” guide.

2. A General Application: A general application deals with a request for divorce and other claims. The steps for this type of claim are found in the “General Application” guide.

3. A Joint Application: A joint application is brought by both spouses jointly, and must be on consent of both parties. A joint application may deal with claims in addition to divorce, as long as both parties consent to all claims. The steps for a joint application are found in this guide.

我个人采用的是第三种: A Joint Application:

Spouses can ask a court together for a divorce. This is called a Joint Application. They can also jointly ask the court to include an order relating to custody, access, support and/or property but only if they both agree on the terms of the order.

There are a few key points
Applications for divorce:

• Both of you are applicants and
of you sign the Application.

• A Joint Application does not have to be served on anyone. However, you will have to wait for the Clearance Certificate from the Central Registry of Divorce Proceedings to be sent to the Court. This can often take a few weeks.

• There may be other claims, such as property or support, which are also being included and are on consent of both parties. If that is the case, you will need to complete and make copies ofthese forms.

• The Affidavit for Divorce – Form 36 has to be changed slightly so you can both sign and swear it. References to “I” will have to be changed to “We”, and “My” will have to be changed to “Our”. Also, each of you will have to sign the document before a commissioner for taking affidavits

In either case, you both also need: • A Direction to Canada Customs and Revenue Agency – Form 13A (if you cannot easily obtain your income tax returns and notice of assessments for the past 3 years)

You must also file:

• A Support Deduction Order Information Form (SDOIF) (This is not a court form but is available at the court office.)

• A Support Deduction Order (SDO) (This is not a court form but is available at the court office.)

If there is a claim in relation to property you need:

• A Net Family Property Statement – Form 13B

If you are making claims in addition to divorce (e.g. support), you should speak with Family Law Information Centre staff about the requirements of the other forms.

If you have had previous family court files you need:

• A Summary of Court Cases – Form 8E

Steps to Complete a Joint Application

Step 1: Pick up the forms you need.

All of the forms that you will need can be picked up at the court office.

To make an application you need:

• An Application (Divorce) – Form 8A

• A Registration of Divorce Proceeding Form (This is not a court form, but is available at the court office)

• An Affidavit for Divorce – Form 36

• A Divorce Order – Form 25A

Note: It is not necessary to start a Continuing Record in a Joint Application for
divorce.

If a claim for support but not for property or exclusive possession of the matrimonial home is made you both need:• A Financial Statement (Support Claims) – Form 13

If a claim is made for property or exclusive possession of the matrimonial home and its contents, whether or not there is also a claim for support, you both need:

• A Financial Statement (Property and Support Claims) – Form 13.1

Refer to the Financial Statements Guide for more information.

Step 2: Fill in the forms. Fill in all forms carefully, follow all of the instructions on the forms and include all the information asked for. Need help completing the forms? Go to the end of this guide for samples.

Step 3: Get a court file number, file the documents, and pay any applicable fees.

1. Take your forms and copies to the court office.

2. At the court office, staff will:

• Give your case a court file number.

Put a court seal on the Application.

• Collect any applicable fees. You may pay fees by cash, certified cheque or money order payable to the “Minister of Finance.” You can find out more information about fees from the court office.

3. Put the court file number in the upper right-hand corner of every page of all of the forms.

4. Make copies of the forms as follows:

• 2 copies of your completed Application – Form 8A, including any attachments

• 2 copies of your completed Affidavit for Divorce – Form 36, including attachments

• 5 copies of your completed draft Divorce Order – Form 25A

5. Each of you keeps a copy of the documents. File the original documents and remaining copies as a package with the court.

Step 4: Obtain the Divorce Order.更多精彩文章及讨论，请光临枫下论坛 rolia.net