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What if we agree on the issues or decide to settle before our court date?

You and your spouse can come to an agreement about such issues as custody and support at any time before your case goes to trial.

If you agree on how you want to resolve custody, support and other related matters, we recommend you either:

  • Prepare and file with the court a written separation agreement. (You can use a separation agreement to settle all issues except divorce; a Supreme Court order is required for a divorce. See the Legal Services Society's online divorce self-help kit for more about how to get a divorce without a court appearance, if all your other issues are settled.)

Or:

  • Apply to the court for a desk order (this is a way to obtain a final order, including an order for divorce, without a court appearance). The process is the same as that outlined in How do I apply for a desk order? except, if the defendant filed a statement of defence before you came to an agreement, the defendant will also need to withdraw that statement of defence by preparing and filing a notice of withdrawal - family law proceeding (Form 135).
Or:
  • Apply to the court for a final order (you will be required to appear in court). The Supreme Court has self-help packages available for couples who agree on the issues, and who are representing themselves (no lawyers). They are available online - click on "notice of motion."
You may want talk to a lawyer for advice about which option is best for you.