Affidavit for Divorce (Form 36)
An Affidavit for Divorce (Form 36) is a sworn statement you complete as part of an uncontested divorce application. It summarizes essential details about your union and the grounds for divorce. To be valid, you must sign this Affidavit in front of a notary public or another authorized official.
Discover our Guide to the Affidavit for Divorce.
Affidavit for Divorce (Form 36)
What is an Affidavit for Divorce?
An Affidavit for Divorce (Form 36) is a sworn statement you must submit as part of an uncontested divorce application. You need this form or both types of uncontested divorce applications in Ontario: simple and joint divorce applications.
This Affidavit outlines essential details about your marriage and the grounds for divorce. Additionally, it also confirms that the information in your divorce application is accurate and complete.
To be valid, you must sign this Affidavit a notary public or another authorized official. NotaryPro offers an Affidavit for Divorce template, and you can meet with a notary public online to have it commissioned in under 7 minutes.
When Do I Need an Affidavit for Divorce?
You might need an Affidavit for Divorce for a variety of different situations. These can include applying for a simple or joint divorce, needing to confirm divorce details, and more. See some more information on when you may need an Affidavit for Divorce below:
Filing a Simple Divorce Application
If you apply for a simple divorce, you must submit an Affidavit for Divorce with your application. This Affidavit confirms your date of separation, grounds for divorce, and more.
Filing a Joint Divorce Application
If you and your ex apply for a divorce together, you must each complete and submit a separate Affidavit for Divorce. This Affidavit affirms that all outstanding issues have been resolved and confirms important divorce details.
Missing a Marriage Certificate
If your marriage certificate has been lost, damaged, or stolen, you may need to submit an Affidavit for Divorce. This document explains that your marriage certificate or registration is missing or was issued outside Ontario.
Claiming Adultery or Cruelty as Grounds for Divorce
To divorce in Ontario, must be separated for more than a year, unless you’re claiming cruelty or adultery. If you’re citing one of these situations as grounds for divorce, you may need to submit this Affidavit.
Providing Additional Information to the Court
The courts may request additional details in order to process your divorce application. Sometimes, they’ll ask you to submit an updated or supplementary Affidavit for Divorce to address specific concerns.
Information Required in an Affidavit for Divorce
Completing your Affidavit for Divorce is fairly straightforward; you just need to provide the details below:
- Your full legal name, address, email, and phone number
- Your municipality and province of residence
- The name and address of the court you’re applying for your divorce with
- Your lawyer’s name, address, email, and phone number
- Your spouse’s name, address, email, and phone number
- Your spouse’s lawyer’s name, address, email, and phone number
- Confirmation of the following:
- You’re the applicant in the divorce case
- There’s no chance of reconciling with your ex
- The information in your application is accurate
- Confirmation that you’ve provided your Marriage Certificate or that it is missing
- Your legal grounds for divorce (the reason you’re divorcing)
- If applicable, the full names and birth dates of any children you have
- If applicable, a summary of parenting arrangements
- If applicable, child support arrangements
- Costs you’re claiming in the case, if any
- An authorized individual’s signature, like a notary public, showing that you swore or affirmed that your information is accurate.
Having Your Affidavit Commissioned by a Notary Public
In Ontario, you must have your Affidavit for Divorce commissioned by an authorized official, like a notary public. Commissioning legitimizes your document, demonstrating 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 less than 7 minutes. See how simple signing your Affidavit can be, and complete the process from anywhere with a Wi-Fi connection!. You can enjoy instant service and meet with a notary immediately without an appointment if you’re in a pinch.
Draft Your Affidavit for Divorce Today
Divorce is never easy, and wrapping your head around the paperwork can sometimes feel like half the battle. NotaryPro is happy to simplify the application process, so you can have a little peace of mind.
If you’re pursuing an uncontested divorce in Ontario, you must submit an Affidavit for Divorce as part of your application. You may also need to produce this Affidavit for other circumstances related to divorce. Essentially, it confirms important details about your separation, helping the courts grant your divorce without unnecessary delays.
Book an online appointment with a notary public today, and sign your Affidavit in 7 minutes, from any connected device.
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Frequently asked questions
What is Form 36?
Form 36, Affidavit for 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.
Discover the Affidavit for Divorce (Form 36) Guide on our blog.
What you need to complete this form?
The completed document should include:
- The applicant and respondent’s information
- Whether the marriage certificate is attached, issued outside Ontario, or unavailable
- The date of separation, or other legal basis for the divorce
- The details about the children of the marriage
- Custody and access arrangements for the child(ren) (if applicable)
- Financial arrangements to support the child(ren)
- If costs of the case are being claimed, give details
How do I commission an Affidavit for Divorce (Form 36)?
To complete your document, book an appointment with a notary online or at any of NotaryPro’s in-person locations across Canada. After your commissioning appointment, you’ll then be able to submit your document to its intended recipient.