Your Guide to an Affidavit for Divorce

Key Takeaways

• An Affidavit for Divorce (Form 36) is a legal document required for an uncontested divorce in Ontario.
• Simple and Joint Divorces are both uncontested. In a simple divorce, one spouse files; in a joint divorce, both file together.
• An Affidavit for Divorce (Form 36) is required for divorce applications, missing certificates, or special grounds like adultery.
• The document requires personal information, marriage details, legal confirmations, and child arrangements (if applicable).
• You must be sign this Affidavit before an authorized official, like notary public and have it commissioned.
• You can be meet with a notary public online in minutes to complete the process.

What is an Affidavit for Divorce?

An Affidavit for Divorce (Form 36) is a sworn statement you must submit to the court as part of your uncontested divorce application. It is required for both uncontested divorce applications in Ontario: simple and joint divorce applications.

It outlines essential details about your marriage and the grounds for divorce. Additionally, this Affidavit confirms that the information in your divorce application is accurate and complete.

To be valid, you must sign this Affidavit before an authorized official, like a notary public or commissioner of oaths. NotaryPro offers an Affidavit for Divorce template that you can sign and finalize with a notary public online in under 7 minutes.

What is an Uncontested Divorce in Ontario?

In Ontario, an uncontested divorce is a divorce process where both spouses agree to end their marriage. These types of divorces include simple and joint divorces. 

To initiate an uncontested divorce, you must complete certain documents and file them with the appropriate court. These documents include Form 8A Application for Divorce and an Affidavit for Divorce. Uncontested divorces are finalized 31 days after the court issues a divorce order.

Ontario Uncontested Divorces

Two main types of uncontested divorces exist in Ontario: a simple divorce and a joint divorce. Here, we explore each one, so you can identify which may be better for you. 

What is a Simple Divorce in Ontario?

In Ontario, a simple divorce doesn’t include matters related to property division, spousal support, or parenting arrangements. It only addresses the divorce; if you need to address other matters, you have to deal with them separately.

A simple divorce requires one party to serve their ex (the respondent) with certain documents and file proof that they’ve done this. If the respondent doesn’t contest the divorce, the courts may grant a divorce without a hearing.

You can file for a simple divorce online and avoid going to court. To learn whether the online option is right for you, visit the Ontario government’s ‘file a divorce application’ webpage.

Affidavit for Divorce: Simple Divorce Application

If your spouse (the respondent) doesn’t respond within 30 or 60 days after being served, you must submit additional documents to the court. 

One of these documents is Form 36: Affidavit for Divorce. When applying for a Simple Divorce in Ontario, you and your spouse can submit just one Affidavit for Divorce for you both.

You’ll also need to submit the following documents as part of a simple divorce application: 

• Form 8A: Application (Divorce)
• Continuing Record and table of contents
• Your original Marriage Certificate

What is a Joint Divorce in Ontario?

In a joint divorce in Ontario, both parties file a divorce application together, indicating mutual agreement on all terms. These terms include ending the marriage, parenting arrangements, support payments, and property division. You’d choose this approach when you both agree on matters related to the divorce and want to document them.

Affidavit for Divorce: Joint Divorce Application

In a joint divorce, you don’t need to serve documents to your ex-spouse because you’re both applying for a divorce together.

You and your ex will each need to submit your own completed copy of Form 36: Affidavit for Divorce. You’ll also need to submit the following documents for a joint divorce:

• Form 8A: Application (Divorce)
• Continuing Record and table of contents
• Your original marriage certificate
• Form 25A: Divorce Order
• Forms for court orders other than a divorce: If you and your spouse are jointly asking the court to make orders regarding other issues, you may need to complete and file the following forms:
  • A separation agreement, minutes of settlement, prior court orders, and Notices of Calculation or Recalculation issued by the Ministry of the Attorney General’s online Child Support Service
  • Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), if applicable
  • Form 35.1A: Affidavit (child protection information)

Form 13.1: Financial Statement (Property and Support Claims), Draft Support Deduction Order, Support Deduction Order Information Form

When You’ll Need an Affidavit for Divorce

You may require an Affidavit for Divorce in several different situations. These include applying for a simple or joint divorce, confirming divorce details, missing a marriage certificate, and claiming certain grounds for divorce.

Filing a Simple Divorce Application

If you’re applying for a simple divorce, you must submit an Affidavit for Divorce with your application. This Affidavit confirms your separation date, grounds for divorce, and more.

Filing a Joint Divorce Application

If you and your spouse apply for a divorce together, each must complete and submit a separate Affidavit for Divorce. This document affirms that all issues have been resolved and confirms important divorce details.

Missing Marriage Certificate

If you cannot access your marriage certificate or registration, you may need to submit an Affidavit for Divorce. This Affidavit can explain that your certificate or registration is missing or was issued outside Ontario.

Claiming Adultery or Cruelty as Grounds for Divorce

You may need to complete this Affidavit if you’re claiming adultery or cruelty as grounds for divorce. To divorce in Ontario, you must have been separated for longer than one year, unless you’re claiming cruelty or adultery. 

Providing Additional Information to the Court

The courts may request additional details to process your divorce application. Sometimes, they’ll ask you to submit an updated or supplementary Affidavit for Divorce addressing specific concerns.

Information Required in an Affidavit for Divorce

Completing your Affidavit for Divorce is fairly straightforward, as the Affidavit is a simple, fillable government form. You just need to provide the details below:

• Your full legal name, address, phone number, and email
• Your municipality and province 
• The name and address of the court you’re applying for a divorce in
• Your lawyer’s name, address, phone number, and email
• Your spouse’s name, address, phone number, and email
• Your spouse’s lawyer’s name, address, phone number, and email
• Confirmation of the following:
  • You are the applicant in the divorce case
  • There’s no chance of a reconciliation between you and your ex
  • The information in your application is correct
• Confirmation that you’ve provided your Marriage Certificate or that it is missing
• The legal grounds for your divorce 
• The full names and birth dates of any children you have, if applicable
• A summary of parenting arrangements, if applicable
• Child support arrangements, if applicable
• Any costs you’re claiming in this case
• The signature of an authorized individual, like a notary public, which shows that you swore or affirmed that your information is accurate.

Sign Your Affidavit With a Notary Online

In Ontario, you must have your Affidavit for Divorce commissioned by an authorized official, like a notary public or commissioner of oaths. Doing so legitimizes your document and shows that you have sworn or affirmed that the information you’ve provided is true. 

You can meet with a notary public online to sign your Affidavit for Divorce in under 7 minutes. See how convenient signing your Affidavit can be, and complete the process from anywhere with a Wi-Fi connection. You can also enjoy instant service and meet with a notary without making an appointment if you’re in a pinch.

Draft Your Affidavit for Divorce Today

Divorce is never easy, but understanding the paperwork required can simplify the process, giving you much-needed peace of mind. Whether you’re pursuing a simple or joint uncontested divorce in Ontario, you must submit an Affidavit for Divorce during the process. This legal document confirms critical details about your separation, helping the courts finalize your divorce without unnecessary delays.

Move through this chapter with clarity and confidence. Book an online appointment with a notary public today, and sign your document in 7 minutes, from any connected device!