Joint Divorce vs Application by Written Agreement in Nova Scotia

Two Paths, Same Outcome

If you and your spouse agree on everything — property, support, parenting — Nova Scotia gives you two ways to file for an uncontested divorce. Both result in a paper-based "desk divorce" where a judge reviews your documents in chambers. No courtroom appearance required.

The difference comes down to whether both spouses are willing to physically sign and file together.

Joint Application for Divorce (Form 59.46)

Both spouses sign the application as co-applicants. Because both parties are initiating the action together, there's no need for formal service of process — nobody needs to be "served" with papers they already signed.

Pros:

• Lowest filing fee ($218.05 plus $10 federal clearance fee)
• No service of process step, which eliminates one of the most common sources of delay and error
• Simplest paperwork stack

Cons:

• Both spouses must cooperate on the actual filing logistics
• You need a complete separation agreement or consented draft orders ready before filing

This pathway works best when both spouses are communicating, both are willing to sign at the same time, and all issues are resolved in a signed separation agreement.

Application for Divorce by Written Agreement (Form 59.45)

One spouse (the Applicant) files alone. The other spouse (the Respondent) still agreed to everything in a separation agreement, but isn't co-signing the court application. Because only one party is formally initiating the court action, the Applicant must arrange personal service of the filed documents on the Respondent.

Pros:

• Only one spouse needs to handle the administrative filing
• Works when your spouse agrees to the terms but won't participate in the court process

Cons:

• Same $218.05 filing fee, but you'll also pay $50 to $150 for a professional process server
• The service step introduces a new potential point of failure — if service is botched, the filing stalls
• More paperwork: you need an Affidavit of Service (Form 31.05) after serving

Side-by-Side Comparison

Which Should You Choose?

Choose the Joint Application if both spouses are willing to sign the documents together and either file jointly at the registry or coordinate the filing logistics. This cuts out the service step entirely and shaves time off the process.

Choose the Written Agreement path if your spouse cooperated on the separation agreement but won't come to the courthouse or sign the court application itself. This is also the better choice if one spouse has moved away and physically co-filing isn't practical.

Both pathways require a fully executed separation agreement or consented draft orders before you file. If you and your spouse haven't finalized your agreement yet, neither option is available — you'd need to file a Petition for Divorce (Form 59.09) instead, which starts as a contested action.

Getting the Sequence Right

The forms overlap significantly between these two pathways, but the filing stages and required attachments differ at each step. The Nova Scotia Divorce Filing Process Guide walks through both pathways in parallel, with pre-filing checklists that help you confirm which path fits your situation before you head to the registry.

See more Nova Scotia guides →