Completing Form 26B: Affidavit for Filing Domestic Contract With Court

Key Takeaways

• Form 26B is used to file domestic contracts like Separation Agreements, Marriage Contracts, Cohabitation Agreements, and Paternity Agreements with the court.

• Filing Form 26B gives your domestic contract or agreement legal recognition and makes it easier to enforce if problems arise.

• Form 26B must be signed before a notary public to be legally valid before filing with the appropriate Ontario family court.

• After filing, you can also register your Form 26B with the Family Responsibility Office to enforce child or spousal support provisions.

• Complete and commission your Form 26B today using our free template and trusted online notary service.

When you create a domestic contract or agreement, your goal is to protect your rights and ensure your terms are honoured. In Ontario, Form 26B Affidavit for Filing Domestic Contract With Court gives your contract legal recognition, making it enforceable. 

Whether you’re finalizing a separation agreement or protecting your rights in a common-law relationship, understanding Form 26B is crucial. Here, we explore the essentials of Form 26B, its significance, and the process of filing it. 

What Is Form 26B Affidavit for Filing Domestic Contract With Court?

Form 26B is a legal document used to register a domestic contract with a court in Ontario formally. Filing Form 26B informs a court that your contract or agreement is valid, complete, and signed freely by all parties involved.

If you and another person have a legally binding domestic agreement, you can use Form 26B to file it with a court. It applies to Separation Agreements, Marriage Contracts, Cohabitation Agreements, and Paternity Agreements. Once filed, your contract becomes part of the official court record, making it easier to enforce if problems arise.

What Is the Purpose of Form 26B?

When you file Form 26B with your domestic agreement with the court, your agreement is added to the court’s official records. This step gives your contract or agreement legal recognition, which is helpful if you ever need to enforce it.

For agreements involving child or spousal support, Form 26B also allows the Family Responsibility Office (FRO) to intervene and assist with enforcement. Once filed, your agreement carries more legal weight, and the court can intervene if one party fails to comply with its terms.

Types of Agreements You Can File With Form 26B

Form 26B is used solely for domestic contracts under Ontario’s Family Law Act. These contracts include Separation Agreements, Marriage Contracts, Cohabitation Agreements, and Paternity Agreements. Before you file an agreement, it must be complete, signed, and dated. 

Each agreement serves a unique legal purpose; see some further details about these four domestic contracts below.

Ontario Separation Agreement

A Separation Agreement is a legally binding contract that outlines how you and your former partner will handle your affairs after separation. In Ontario, this agreement defines the rights and responsibilities of each party, without needing to go through court.

Both married and common-law couples can use a Separation Agreement to resolve critical issues, such as support, parenting, and property. This agreement helps clarify expectations and reduce conflict by outlining how you’ll move forward.

A typical Separation Agreement covers the following:

• Division of assets and debts
• Child and spousal support obligations
• Parenting time and decision-making responsibilities
• Children’s upbringing, education, and religious or moral teachings
• Financial matters such as pensions, RRSPs, RESPs, and insurance
• Division of property for common-law couples
• Terms regarding divorce

Once signed by both parties, a Separation Agreement becomes enforceable under Ontario’s Family Law Act. If you need to create an agreement, use our free Separation Agreement template to help you draft one that’s legally appropriate and ready to file.

For more information on how Separation Agreements work in Ontario, see our Guide to Separation Agreements in Ontario.

Ontario Cohabitation Agreement

A Cohabitation Agreement is a legal contract between two unmarried people who are in a relationship and live together. This agreement outlines each person’s rights and responsibilities while they’re living together and if their relationship ends.

These agreements help protect each party’s property, income, and interests while reducing the chances of disagreements by setting clear expectations upfront.

Couples often use a Cohabitation Agreement to:

• Clarify how property will be divided
• Explain what happens if one partner contributes to the other’s property
• Set rules for dividing jointly purchased assets
• Define responsibility for individual and shared debts
• Specify how repayment of joint debts will work
• Include terms for spousal support, if applicable
• Plan for how an agreement should change after major life events
• Decide who will move out if a relationship ends
• Outline how household expenses and finances will be managed

You may want a Cohabitation Agreement if you plan to buy a home with your partner or live together without marrying. This agreement is especially useful when one or both partners have complex finances or significant assets they want to preserve.

If you’re planning to cohabit or want to protect your financial future, take the first step today. Use our free Ontario Cohabitation Agreement template to draft a clear, legally appropriate contract seamlessly.

For more information on how Cohabitation Agreements work in Ontario, see our Guide to Cohabitation Agreements in Ontario.

Ontario Marriage Contract

An Ontario Marriage Contract is a legally binding agreement made between two people who are either already married or planning to be.  If you were in a common-law relationship and had a Cohabitation Agreement, that agreement automatically becomes a Marriage Contract once you marry.

There are two types of Marriage Contracts in Ontario: a Prenuptial (prenup) Agreement and a Postnuptial (postnup) Agreement. Both serve similar purposes but differ in timing and context.

1. Prenuptial Agreement (Prenup)

A Prenuptial Agreement is a type of Marriage Contract created before a couple gets married. Prenup is used:

• If one or both partners have significant assets or debts before marriage
• If either person owns a business or expects to inherit property
• If there’s a desire to protect family assets or an interest in a family business
• To set financial responsibilities and clarify roles during a marriage

Prenups help prevent future disputes by setting expectations in advance. They offer financial protection and transparency before the marriage begins.

2. Postnuptial Agreement (Postnup)

A Postnuptial Agreement is a similar contract, but it’s signed after the couple is already legally married. Postnup is used:

• If there has been a major shift in financial status, such as a new business, inheritance, or major investment
• If a couple is reconciling after a rough patch and wants to protect each other moving forward
• If earlier financial expectations need to be revised based on new circumstances
• If there are estate planning goals, such as ensuring certain assets go to children from a previous relationship

Postnups give couples the opportunity to redefine the financial terms of their marriage. These contracts let you and your spouse decide how to handle specific matters during your marriage or in case of separation.

Both Postnuptial and Prenuptial Agreements commonly address financial matters, including:

• Division of property: How property will be divided if a marriage ends.
• Ownership of specific assets: Who owns what, including vehicles, savings, and inheritances.
• Business ownership and management: Who retains control of a business, and whether the other spouse has any claim or role.
• Responsibility for debts: Who is responsible for existing or future debts.
• Income and earnings: How income is treated (shared or separate) and how it contributes to family finances.
• Spousal support: Whether support will be paid, how much, and under what conditions.

That said, there are also legal rules regarding what a Marriage Contract can include. It must not contain the following:

• Decisions on parenting arrangements or child support in advance
• Anything that overrides either spouse’s equal right to remain in a shared home post-separation

Parenting decisions must always be made at the time of separation or divorce, based on a child’s best interests. 

Ontario Paternity Agreement

A Paternity Agreement is a written contract between unmarried parents that sets out key matters concerning their child. Under Ontario’s Family Law Act (Section 59), this agreement can cover:

• The payment of expenses related to a child’s prenatal care and birth
• Child support obligations
• Funeral expenses for a child or a mother

Paternity Agreement may also outline custody and access arrangements, meaning where a child will live and how parenting time will be shared. Further, it can specify each parent’s role in deciding matters such as childcare and the overall upbringing of their children.

Essentially, a Paternity Agreement provides legal safeguards for both parents and children by clearly defining roles and responsibilities.

Completing Form 26B: Affidavit for Filing Domestic Contract

Completing Form 26B: Affidavit for Filing Domestic Contract is an important step in registering your agreement with the court. To complete it, you will need to provide detailed information about your specific contract and the parties involved. Here’s a breakdown of what to include in your Affidavit:

1. Basic Information

• Court details: Name the court (either the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice) and its address.
• Details of parties involved: List the full legal names and addresses of all parties (including lawyers) involved.
• Parties’ Contact information: Provide the phone numbers, fax, and email addresses of all parties.
• Your details: Include your full legal name, municipality and province of residence, and the date you are signing the Affidavit.
• Court file number: If your agreement is part of an existing family court case, include the court file number. 
  • Otherwise, the appropriate court will assign a court file number when your documents are filed.

2. Contract Details

• Type of agreement: Specify what type of domestic contract you’re filing.
• Date of agreement: Clearly state when your contract or agreement was signed.
• Contract status: Confirm that no contract has been set aside by a court nor changed by agreement of the parties.
• Support provisions: If your agreement includes child or spousal support, provide relevant financial information. 
  • Include the payor’s gross annual income and, if applicable, the recipient’s income for special expenses.
    

3. Affidavit Requirements

• Commissioning: The Affidavit must be commissioned and signed in the presence of a notary public, lawyer, or commissioner of oaths.
• Filing: Submit a completed Form 26B with a copy of your signed domestic contract to the appropriate court.

Commissioning Form 26B: Affidavit for Filing Domestic Contract

Once you’ve completed Form 26B, you must have it commissioned. Commissioning involves signing this Affidavit in the presence of an authorized official to make it legally valid. 

By signing Form 26B, you’re declaring that the details you’ve provided in your Affidavit are accurate to the best of your knowledge. It’s important to always tell the truth when creating an Affidavit. Intentionally providing false information could be considered perjury, a serious offence under the Criminal Code of Canada.

You can meet with a notary online and have Form 26B commissioned over a secure video call. During the online notary appointment, the following will take place:

• A notary will ask you to show a valid government-issued ID.
• You’ll take an oath or affirmation confirming that your Affidavit is truthful.
• A notary will ensure you understand the contents of your Affidavit.
• They’ll confirm you are signing voluntarily, without pressure.
• You’ll sign and date your Affidavit, and a notary will witness your signature.
• A notary will sign and seal your Affidavit, completing the commissioning process

Commissioning your Affidavit is now faster and easier with our online notary service. Book a virtual appointment and have your Affidavit commissioned in less than 7 minutes, from wherever you are.

Choose instant service or select a later appointment time that suits your schedule, including early mornings, evenings, and weekends. You can also enjoy the flexibility of meeting with a notary using your smartphone, tablet, or computer using our secure, trusted platform.

How to File Form 26B With the Court

Once you complete Form 26B and have it commissioned, you’ll need to file it with the appropriate Ontario family court. This process officially registers your domestic contract with an Ontario court so it can be enforced if needed.

Ensure You Work with the Correct Ontario Court

You must file Form 26B at either:

• The Ontario Court of Justice, or
• The Family Court branch of the Superior Court of Justice.

Note: You cannot file at a Superior Court of Justice that does not have a Family Court branch.

Filing with the court makes your agreement part of the official court record. This is especially important if you need support provisions enforced by the Family Responsibility Office.

Step-By-Step Filing Process

Here’s a step-by-step guide on how to file Form 26B and your agreement with the right Ontario court.

Step 1: Choose a Filing Method

You can file Form 26B and your domestic agreement either:

• Online through the Ontario Court’s document filing portal; or
• In person at the courthouse where your case will be handled.

Step 2: Submit the Required Documents

Submit the following documents to the appropriate Ontario court:

• Your completed and commissioned Form 26B
• A copy of your domestic contract

Step 3: Receive Confirmation

After your documents are accepted, the court will confirm that your agreement has been officially filed. This confirmation is required before you can register with the Family Responsibility Office.

Step 4: Register Your Documents with the FRO (If Applicable)

The FRO is a government agency that enforces child and spousal support payments. Registering with the FRO allows them to collect missed payments, deduct wages from a payor’s employer, or take legal steps if needed.

After filing with the court, follow the steps below to register with the FRO:

• Complete the FRO registration package. This is available on the Ontario government website.
• Mail the following documents to the FRO:
  • A copy of your filed and commissioned Form 26B
  • A copy of your signed domestic contract 
  • The completed FRO registration package

Send your documents to the following address:

Family Responsibility Office
Ministry of Children, Community and Social Services
PO Box 200, Station A
Oshawa, Ontario
L1H 0C5

Pro Tip: Be sure to keep copies of everything you send for your own records.

Need Help Filing Form 26B?

If you need further assistance with filing Form 26B, you can use CLEO’s free Guided Pathway tool. This legal aid resource walks you through the form by asking simple questions and helping you complete documents easily. It also includes step-by-step instructions for filing.

Make Your Agreement Legally Enforceable With Form 26B

Whether you’re creating a Separation Agreement, Marriage Contract, Cohabitation Agreement, or Paternity Agreement, you’re investing in protecting your future. Filing Form 26B with these agreements ensures they become part of the court record and can be legally enforced if necessary. 

Ready to make your domestic contract part of the official court record? Book an online notary appointment with us and get your Form 26B ready for court today.