Your Guide to an Affidavit for Divorce
18 March 2021
An uncontested divorce is a court proceeding where the parties are mutually seeking a divorce. In Ontario, as part of the process, when filing a joint application, both you and your spouse must complete an Affidavit for Divorce (Form 36). You should have agreed on major points of the divorce and have a separation agreement that covers these points, such as:
- that there is no chance of reconciliation;
- the legal basis of divorce;
- custody and access arrangements for any child(ren);
- child support; and
- any division of property.
In addition to the application, you must file the original marriage certificate. If you do not have your original certificate and cannot obtain it, you must provide a detailed explanation in the affidavit.
You will also need to complete and file the forms related to any other form of relief that you and your spouse have agreed to along with the divorce such as:
- Affidavit in Support of Claim for Custody or Access (Form 35.1), for cases involving custody and access;
- Financial Statement (Support Claims) (Form 13) for cases involving child support or spousal support but not property issues; and
Financial Statement (Property and Support Claims) (Form 13.1) for case involving claims regarding property or debts (whether or not your case also involves support issues).
What is Form 36: Affidavit of Divorce
Form 36, Affidavit of Divorce, is where both individuals include information about each other, their children, and any arrangements made after separating. Other elements included in the form are decision-making responsibility, parenting time, child support, spousal support, and dividing property. This form must be sworn or affirmed. This means you promise that the information in the document is true. You can be charged for committing a crime if you do not tell the truth when you swear or affirm your form.
Swearing or Affirming
The affidavit must be sworn or affirmed that the information is true before a commissioner for taking affidavits or a notary public. It is a criminal offence to swear a false or misleading affidavit and it is your responsibility to make sure that the information is true.
Up until recently, sworn statements were required to be signed and witnessed in-person. The Ontario Ministry of the Attorney General is now permitting lawyers and notaries to virtually witness the physical signing of sworn statements. Once the affidavit is complete, you can book an appointment online to notarize the form using our virtual witnessing service.
The Ministry of the Attorney General provides a guide on starting a family case (see: Ministry of the Attorney General: Part 2 – Starting a Family Case). The Law Society of Ontario also provides a Sample Completed Form 36. If you have questions or need advice about your situation, you should consult with a lawyer. Notary Pro Canada is not a law firm and cannot provide legal advice.
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