Divorce Order (Form 25A): Guide and Download

What is a Divorce Order (Form 25A)?

A Divorce Order, officially referred to as Form 25A, is a court-issued document that legally dissolves a marriage in Ontario. This critical document is part of the family law framework outlined by the Divorce Act of Canada, providing the legal basis for the termination of a marital relationship.

Legal Significance of a Divorce Order in Ontario

1. Marks the Official Dissolution of a Marriage Form 25A serves as the definitive legal declaration that a marriage has ended. It is issued after a judge reviews and approves the divorce application, ensuring that all legal requirements for divorce are met, such as proving a breakdown of the marriage.
2. Precedes the Issuance of a Certificate of Divorce While the Divorce Order legally finalises the end of the marriage, it is not the document required for remarrying. For that purpose, individuals must apply for a Certificate of Divorce, which can only be obtained after the Divorce Order becomes final (31 days after issuance, barring appeals).

Visit the link below to download:

Download FORM 25A – Divorce Order

When is Form 25A required?

Form 25A, the Divorce Order, is a crucial document in Ontario’s divorce process and is required in specific circumstances to legally end a marriage. Understanding when and why this form is needed can help individuals navigate the legal complexities of divorce more effectively.

1. In Both Uncontested (Simple or Joint) and Contested Divorces

1. • Uncontested Divorces: If both spouses agree on the terms of the divorce, such as property division, child custody, and support arrangements, Form 25A is filed as part of the process to formalise the divorce.
   • Contested Divorces: When spouses cannot agree on the terms of the divorce, and the court intervenes to resolve disputes, Form 25A is issued once a judge grants the divorce after hearing both parties.

2. After Meeting the Criteria for Divorce Under the Divorce Act – In Canada, including Ontario, the Divorce Act outlines specific grounds for divorce. These must be met before a Divorce Order can be issued:

1. • One-Year Separation: The most common ground for divorce is living separate and apart for at least one year. This separation demonstrates an irretrievable breakdown of the marriage.
   • Adultery: If one spouse can prove the other committed adultery, a divorce may be granted without the need for a one-year separation.
   • Cruelty: Divorce can also be granted if one spouse can prove that the other subjected them to physical or mental cruelty, making it intolerable to continue the marriage.

How to Complete Divorce Order (Form 25A)

Properly completing Form 25A is a critical step in finalising a divorce in Ontario. This section provides a detailed breakdown of how to fill out the form accurately and highlights common mistakes to avoid during the process.

Section-by-Section Breakdown

1. Applicant and Respondent Details

1. • What to Include:
     • Full names of both spouses.
     • Current addresses for correspondence.
     • Roles in the divorce (e.g., Applicant is the person initiating the divorce, Respondent is the other party).
   • Tips: Double-check the spelling of names and ensure all addresses are current and valid for legal communication.

2. Marriage Information

1. • What to Include:
     • Date of marriage (as stated on the marriage certificate).
     • Place of marriage (city and province or country, if outside Canada).
   • Tips: Attach a copy of the marriage certificate for verification, if requested by the court.

3. Grounds for Divorce

1. • What to Include:
     • Specify the legal grounds for divorce:
       • One-Year Separation (most common).
       • Adultery (if proven with evidence or affidavit).
       • Cruelty (if supported by documentation or testimony).
   • Tips: Be consistent with the grounds for divorce stated in the original application (Form 8).

4. Children of the Marriage

1. • What to Include:
     • A declaration of custody arrangements, child support, and parenting time.
     • Confirmation that arrangements are in the best interests of the children.
   • Tips: Provide details about any parenting plans, and include proof of compliance with Ontario’s Child Support Guidelines if required.

Common Errors to Avoid

1. Incomplete or Inaccurate Details

1. • Issue: Omitting or incorrectly stating marriage dates, locations, or grounds for divorce can lead to delays or rejection.
   • Solution: Cross-check all information with supporting documents like the marriage certificate and separation agreement.

2. Missing Signatures or Required Information

1. • Issue: Neglecting to sign the form or omitting required information, such as custody declarations or financial arrangements, may invalidate the application.
   • Solution: Carefully review the form before submission and ensure all signatures are provided where indicated.

3. Errors in Custody or Support Details

1. • Issue: Providing vague or incomplete details about child custody, support, or parenting arrangements can cause disputes or additional court requirements.
   • Solution: Ensure that custody and support arrangements comply with Ontario’s Family Law Rules and are documented clearly.

Filing Divorce Order (Form 25A) in Ontario

Filing Form 25A is the final step to obtaining a Divorce Order in Ontario. Understanding where and how to file, as well as the associated timeline, ensures a smooth process and avoids unnecessary delays.

Where to File

• Family Court Submission:
  Form 25A must be submitted to the same Family Court where the original divorce application was filed. In Ontario, this can be either:
  • The Superior Court of Justice or
  • The Family Court Branch of the Superior Court of Justice.
• Tip: Check your court documents to confirm the appropriate court location, as filing in the wrong court can delay the process.

Filing Process

To file Form 25A, follow these steps carefully:

1. Attach Supporting Documents:

1. • Proof of Service: Documentation showing that the other party (Respondent) was properly served with the divorce application and related materials.
   • Affidavits: If applicable, include affidavits such as the Affidavit for Divorce (Form 36), which confirms the grounds for divorce.
   • Other Documentation: Copies of separation agreements, child custody arrangements, or financial support agreements, if required.

2. Pay Applicable Court Fees:

1. • As of 2024, Ontario court fees typically include:
     • Initial Filing Fee: $167 for the application.
     • Divorce Order Fee: $310 for filing Form 25A and related processes.
   • Tip: Fees may vary, so check the latest fee schedule on the Ontario Court Services website. Financial hardship waivers may be available in certain circumstances.

3. Submit Form 25A:

1. • Submit the form and supporting documents in person at the courthouse or online through the Ontario Family Law Portal (if eligible).

Timeline

• Typical Processing Time:

• • Once Form 25A is filed, a judge reviews the documents to ensure compliance with legal requirements.
  • If approved, the Divorce Order is issued, but it only becomes final after a 31-day appeal period has passed.
  • Certificate of Divorce: After the appeal period, you can request this document, which takes an additional 1-2 weeks to process.

• Factors Affecting Timeline:

• • Incomplete or inaccurate submissions can delay processing.
  • Court backlogs, particularly in busy jurisdictions like Toronto, may extend the timeline.

After the Divorce Order is Granted

Once a Divorce Order (Form 25A) is issued, the legal process for dissolving your marriage in Ontario is nearly complete. However, there are important steps to take and documents to secure after the order is granted.

Receiving the Divorce Order

• How the Court Issues the Order:

• • After the judge approves and grants the Divorce Order, both parties receive a copy. This is usually done through:
    • Mail: A physical copy of the Divorce Order is mailed to the addresses provided in the court documents.
    • Online: If the divorce application was filed through the Ontario Family Law Portal, an electronic copy of the Divorce Order is uploaded to your account.
  • Appeal Period: The Divorce Order does not become final until 31 days have passed, allowing time for either party to appeal the decision.

• Key Tip: Keep your copy of the Divorce Order in a secure place, as it may be required for future legal or financial matters.

Certificate of Divorce

The Certificate of Divorce is the official document that serves as proof of your divorce and is often required for purposes such as remarriage.

Importance of the Certificate of Divorce

• The Divorce Order legally ends the marriage, but the Certificate of Divorce is required to demonstrate the finality of the divorce in situations such as:
  • Remarrying in Canada or Abroad: Marriage license issuers often require this document.
  • Immigration or Legal Proceedings: A Certificate of Divorce is recognized as proof of marital status for applications or legal matters.

Steps to Request the Certificate of Divorce

1. Wait for the Appeal Period to End:

1. • You can only request the certificate after the 31-day appeal period has passed, making the Divorce Order final.

2. Submit Your Request:

1. • Visit the courthouse where the Divorce Order was issued.
   • Complete the required form to request the Certificate of Divorce.
   • Pay the applicable fee (typically around $24, though this may vary).

3. Receive the Certificate:

1. • Once processed, the court provides a certified copy of the Certificate of Divorce. This may be issued immediately or sent to you via mail, depending on the courthouse.

• Key Tip: If you need additional copies, you can request them at the same time or in the future by contacting the issuing courthouse.