Joint application for divorce: You and your spouse agree on the issues and want to file together

If you and your spouse agree on all the issues for the divorce, then you can apply together for a divorce. You can only file a Joint Application for Divorce if you and your spouse:

• agree on all the issues related to the divorce,
• agree to file the paperwork together as ‘joint applicants’, and are willing to cooperate in the divorce process, and
• are applying for a divorce on the basis of 1 year’s separation.

In a Joint Application for Divorce, you and your spouse are both applicants, but one spouse is called the applicant, and the other is called the co-applicant. It does not matter which spouse is the applicant or co-applicant, but you must use these titles consistently throughout your divorce paperwork.

In a Joint Application for Divorce, both spouses are asking the court for a divorce together, so personal service of the divorce paperwork is not required. This means that neither spouse has to arrange to have documents served on the other. It is generally best that both you and your spouse come to the court to file your documents together, if possible.

You can still file a Joint Application if your spouse can’t come to the court, or if they live in another jurisdiction, but it will take more work to get the documents prepared and signed. For example, you will have to prepare the documents and send them to your spouse, who will then have to take them to a lawyer, a Commissioner of Oaths or a Notary Public in their community to sign the documents. Your spouse will then need to send the documents back to you after they have signed it before you can file it with the court. If anything is wrong with the documents and you need to correct or change anything, you may have to go through this process all over again because you cannot change court documents once they have been signed by your spouse!

You will need to prepare and file a Corollary Relief Order that is agreed to and signed by both parties to finalize this type of divorce. Your divorce cannot be finalized until the court receives this document.

Joint Application for Divorce - Forms or Documents Required

You must file the following forms with the court to start a Joint Application for Divorce:

• Form 59.46 – Joint Application for Divorce PDF formWord form
• Form FD12 – Affidavit supporting an uncontested divorce (joint application)
  • This document must be signed in front of a Commissioner of Oaths
• Form FD1 – Statement of Contact Information and Circumstances PDF formWord form
• 2 Personal Representation Forms (one for each spouse) PDF formWord form
• Form 59.48A – Divorce Order
• Form 59.49B – Corollary Relief Order (which can attach a written separation agreement if you have one, see the next section on ‘Application for Divorce by Agreement’ for more details on how to do this)
• 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
• FD11 – Waiver of Financial Information (if applicable) PDF formWord form
  • A waiver can only be filed if there are no dependent children
• 4 stamped, self-addressed envelopes (2 envelopes with your information, and 2 envelopes with your spouse’s information).