Step 1: fill out your application and supporting documents

Depending on your case, there are different forms and supporting documents you will need to fill out to start the case.

General application

To start a general application, you need to fill out:

Depending on your circumstances and what you鈥檙e asking for, you will also need to prepare:

Simple application

To start a simple application for a divorce only (in other words no property or support claims), you need to prepare:

Joint application

If you and your spouse are asking for a divorce together, you will need to prepare:

    • this form must be signed and dated by both you and your spouse
    • bring four copies of this completed form for filing at the courthouse
  • , including a Table of Contents
  • your original marriage certificate
    • write out everything that you and your spouse have agreed on and want included in your final divorce order (for example, child support, parenting time, or decision-making responsibility in respect of children)
    • this form must be typed on a computer, not hand-written and you must bring four copies for filing at the courthouse
  • two business-sized envelopes (9 陆鈥 x 4 鈪涒), each stamped with sufficient postage
    • one addressed to you and one addressed to your spouse
    • the court will mail the order to you and your former spouse
  • other documents you may want to file with your application, such as a separation agreement, minutes of settlement, prior court orders, or Notices of Calculation or Recalculation issued by the Ministry of the Attorney General鈥檚 online Child Support Service

If you and your spouse are together asking for orders other than a divorce, you will also need to prepare:

  • , if you are asking for parenting time or decision-making responsibility in respect of children
  • financial disclosure documents, if your application involves child support, spousal support, or property claims on consent
  • if you鈥檙e asking for child support or spousal support orders:
    • a draft , bring three copies of this completed form for filing at the courthouse

Get help completing your court forms

If you need help filling out you court forms and you don鈥檛 have a lawyer, you can:

Learn more about available resources.

Step 2: get your application issued by the court

After you complete all your documents, you have to get them issued by the court. This means that a court clerk:

  • signs and dates your original application and applies the court seal to the form
  • gives you a court file number, which you must write in the box at the top right corner of each page of your forms on every copy

You should make copies of everything that the clerk returns to you in order to serve (in other words, deliver) a copy on the respondent and any other person or agency that needs to be served. Remember to also keep a copy for yourself.

Court filing fees

If you are starting your case at the Superior Court of Justice or the Family Court Branch of the Superior Court of Justice, you may be required to pay a court fee or qualify for a fee waiver. If you鈥檙e eligible for a fee waiver, you won鈥檛 have to pay most fees. Learn more about fee waivers.

There is no fee to file documents at the 澳门永利 Court of Justice.

Learn more about court filing fees.

First appearance

The clerk will give you a first appearance date if you start your case at the 澳门永利 Court of Justice or the Family Court Branch of the Superior Court of Justice, unless you鈥檙e asking for a divorce or making claims related to property.

The Superior Court of Justice does not schedule first appearances when you issue your application. You are responsible for scheduling your first court appearance, which is usually called a case conference.

Learn more about the first appearance.

Mandatory Information Program

In most circumstances, you and the respondent will be required to attend a free Mandatory Information Program (MIP)session. When the clerk issues your application, you will receive two MIP notices 鈥 one for you and one for the respondent. You will each be scheduled to attend different MIP sessions.

Learn more about MIP sessions.

Step 3: serve all your documents

If you filed a general or simple application, you must serve the following documents on the respondent:

  • a copy of your court-issued application and all your other forms (that you completed from Step 1, including the Continuing Record)
  • the respondent鈥檚 Mandatory Information Program notice, if you received one from the court clerk who issued your application at Step 2
  • blank copies of the forms that the respondent may need to fill out to respond to your application, such as:
    • , if you are asking for support, but you鈥檙e not making claims regarding property or debts
    • , if you鈥檙e making claims related to property or debts (whether or not you鈥檙e also asking for support)
    • , if you鈥檙e making a support claim or a property claim
    • , if you or the other party is making parenting time and decision-making responsibility claims

Someone other than you (who is at least 18 years old) must serve your documents on the respondent (in other words, deliver the documents), using special service.

If a first appearance is scheduled in your case, the respondent must receive your documents with enough time to complete, serve, and file an answer. The respondent must give an answer within:

  • 30 calendar days if they received the application in Canada or the United States
  • 60 calendar days if they received the application outside Canada or the United States

If you and your spouse filed a joint application, no service on the other party is required because you are together asking the court for the same orders (there is no respondent).

Learn more about serving documents in a family case.

Step 4: File Proof of Service

Once you have served your documents, you must complete (one for each party in the case that received the documents) and file it at the court where you issued your application. This form provides the court with proof that your documents were served on the respondent and any other party.

Learn more about the proof of service and how to file it.