Divorce Consent Form for Canada

Divorce Consent Form Template for Canada

A Canadian Divorce Consent Form is a legal document that formalizes the mutual agreement between spouses to end their marriage. This document, compliant with the federal Divorce Act and relevant provincial family law legislation, outlines the terms and conditions of the divorce agreement, including arrangements for property division, support obligations, and child custody if applicable. It serves as evidence to the court that both parties have agreed to the divorce and its terms, streamlining the divorce proceedings in the Canadian legal system.

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What is a Divorce Consent Form?

The Divorce Consent Form is a crucial document in Canadian divorce proceedings, required when both spouses agree to terminate their marriage through mutual consent. This document is used across all Canadian provinces and territories, though specific requirements may vary by jurisdiction. The form must comply with the federal Divorce Act and relevant provincial family law legislation. It typically contains comprehensive details about the marriage, grounds for divorce, and agreements regarding property division, support payments, and child custody arrangements if applicable. The Divorce Consent Form must be properly executed with both parties' signatures, typically witnessed, and often requires certificates of independent legal advice to ensure both parties understand their rights and obligations.

What sections should be included in a Divorce Consent Form?

1. Parties: Full legal names and current addresses of both spouses

2. Background: Details of the marriage including date, place, and confirmation that at least one spouse has been resident in the jurisdiction for the required period

3. Definitions: Key terms used throughout the document

4. Grounds for Divorce: Statement confirming marriage breakdown and that spouses have lived separately for at least one year

5. Mutual Release: Agreement that both parties release each other from future claims

6. Independent Legal Advice: Confirmation that both parties have received or had the opportunity to receive independent legal advice

7. General Provisions: Standard clauses including governing law, entire agreement, and amendments

8. Execution: Signature blocks for both parties and witnesses

What sections are optional to include in a Divorce Consent Form?

1. Child Custody and Access: Required if the couple has children under 18, detailing custody arrangements, access schedules, and decision-making responsibilities

2. Child Support: Required if there are dependent children, specifying support amounts and special expenses

3. Spousal Support: Include if either party is seeking or waiving spousal support

4. Division of Property: Include if there is marital property to be divided

5. Pension Division: Required if either spouse has pension benefits to be divided

6. Debt Allocation: Include if there are joint debts to be allocated between parties

7. Insurance Provisions: Include if life insurance policies are to be maintained for child or spousal support

8. Tax Provisions: Include if there are specific agreements about tax deductions or credits

What schedules should be included in a Divorce Consent Form?

1. Schedule A - Parenting Plan: Detailed parenting schedule, holiday arrangements, and communication protocols

2. Schedule B - Property List: Comprehensive list of matrimonial property and agreed values

3. Schedule C - Child Support Calculations: Detailed calculations of child support based on Federal Child Support Guidelines

4. Schedule D - Financial Statements: Financial statements of both parties including income, assets, and liabilities

5. Appendix 1 - Certificate of Independent Legal Advice: Certificates from lawyers confirming independent legal advice was provided

6. Appendix 2 - Marriage Certificate: Copy of the original marriage certificate

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Consent Form

Cost

Free to use
Relevant Industries

Legal Services

Family Law

Court Administration

Public Services

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Financial Services

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Relevant Teams

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Family Services

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