Your Guide to the Affidavit of Service
Table of Contents
Key Takeaways
- The Form 6B: Affidavit of Service proves that you’ve served your spouse with the required documents in a family law case and ensures they have an opportunity to respond.
- Serving your documents involves delivering copies of court forms and supporting documents to your spouse and anyone else relevant to the case.
- An Affidavit of Service must be affirmed by the person who serves the documents, and that could be you, a loved one, or a process server.
- The completed affidavit and supporting documents must have sensitive personal information blacked out before they are filed with the court clerk.
- Form 6B can be downloaded for free courtesy of NotaryPro.
This process ensures that your spouse is aware that you’ve opened a case, that they know which steps in the court process are being taken. It allows them to prepare their own documents and respond to the evidence you plan to use.
Since you must provide proof to the court that your partner has been served with your documents, this is where the Affidavit of Service or Form 6B comes in.
Affidavit of Service Template
Serving your documents
Service or “serving your documents” basically means providing copies of your relevant documents to your partner and anyone else involved in your ongoing court case. The purpose of service is to notify your partner about the steps you’re taking and the information you’re providing about your case to the court.
Usually, the documents you’re serving will be court forms and other papers (or exhibits), like bank statements or income returns, that support the information you give the court to:
- prove your side of the story
- convince a judge to grant you the court orders you’re requesting
There are specific Family Law Rules that outline what is needed at each step in a court case. For more information about serving documents, please visit Rule 6: Service of documents.
It’s vitally important that you follow the rules for service. A judge may refuse your request if you don’t or if your partner fails to respond.
Who swears the Affidavit of Service?
It’s not always you! If you’ve had a family member or friend who is at least 18 years old, or a professional process server serve your partner on your behalf, they (the server) must be the one to affirm the Affidavit of Service.
You or the person who served your partner on your behalf must sign Form 6B and swear, or affirm, that the information in the affidavit is true before a notary public or commissioner of oaths.
How do I file an Affidavit of Service in Ontario?
If you would like a judge to see the relevant documents and court forms you’ve provided, they must be added to the court file for your case. Filing your documents means that you’ve provided your court forms and documents to a court clerk at the courthouse.
Remember! Before you file your documents, all financial account numbers and personal identifying information must be removed. You do this by blacking out information like:
- social insurance numbers
- bank account numbers
- credit card numbers
- account numbers for mortgages, lines of credit, or other loans
However, you must keep the original documents that show this information in case a judge asks to see it.
How do I fill out Form 6B: Affidavit of Service?
Requirements for Form 6B
- The name of the person who served the documents
- The name of the person or agency that was served
- When the documents were served – the day, month, and year
- Where the documents were served – house number, apartment number, street name, city, and province
- What documents were served – Application, Answer, Reply, notice of motion, etc.
- How the documents were served – personally, at place of residence, by regular mail, courier, or fax
Where can I get a copy of Form 6B: Affidavit of Service?
Get a copy of Form 6B online for free with NotaryPro’s Find-a-Document service. This form, along with many other Ontario Court forms are available in a variety of formats that are easy to complete online.
How do I swear or affirm Form 6B: Affidavit of Service?
Easy! Instead of waiting to go all the way back to the courthouse, these forms can be sworn (also known as “commissioned”) completely online from the comfort of your home. With an online commissioning service like NotaryPro, you can have your Affidavit of Service, and many other Ontario Family documents notarized in minutes. Try NotaryPro’s instant service, or click here to schedule an online appointment with a notary, whenever it’s convenient for you.