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Difference between revisions of "Uncontested Divorce (3:V)"
From Clicklaw Wikibooks
→3. Copies of Any Court Orders or Separation Agreements
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If the client or spouse had previously started a divorce action, he or she must provide a filed copy of the Notice of Discontinuance that authorized discontinuance of that action. | If the client or spouse had previously started a divorce action, he or she must provide a filed copy of the Notice of Discontinuance that authorized discontinuance of that action. | ||
If a separation agreement is the only document signed between the parties that involves guardianship, parenting arrangements, consent and | If a separation agreement is the only document signed between the parties that involves guardianship, parenting arrangements, and consent and support of the children (i.e. if there are no court orders), the agreement may be filed in either the Provincial or the Supreme Court and enforced as a court order. Section 44 of the FLA allows for written agreements respecting parenting arrangements, section 148 allows for written agreements respecting child support and section 163 allows for written agreements respecting spousal support. The separation agreement does not need to be filed in Court to obtain a divorce order. However, if there are children of the marriage, the agreement should be attached to the affidavit regarding child support as evidence of the parties’ agreement. | ||
== B. Joint or Sole Application == | == B. Joint or Sole Application == | ||
