Our document templates make creating and commissioning documents effortless. Simply fill in the relevant information and meet with a notary online to ensure Form 26B is ready to file with the appropriate Ontario court.

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

Form 26B is a legal document used to formally register a domestic contract with the appropriate court in Ontario. By filing Form 26B, you’re validating your agreement in the court’s eyes and demonstrating that all parties involved have willingly signed it.

This document applies to Separation Agreements, Marriage Contracts, Cohabitation Agreements, and Paternity Agreements. Once you file Form 26B, your contract becomes part of the official court record, making it easier to enforce if problems arise.

Purpose of Form 26B Affidavit for Filing Domestic Contract With Court

Filing your contract with Form 26B allows a court to formally accept an agreement into its official records. This gives your contract or agreement legal recognition, which is required if you ever need to enforce it. 

For example, if your ex-spouse does not follow specific terms in a Separation Agreement, you can file the agreement with Form 26B. This would allow the court to make an order for compliance, which would require your spouse to abide by the agreement’s terms.

For agreements involving child or spousal support, Form 26B enables the Family Responsibility Office (FRO) to intervene and assist with enforcement. Once filed, your agreement carries more legal weight, allowing the court to intervene if needed.

Agreements You Can File With Form 26B

Form 26B is only used for domestic contracts under Ontario’s Family Law Act. These include Separation Agreements, Marriage Contracts, Cohabitation Agreements, and Paternity Agreements. 

See a quick outline of each agreement below. For more information, refer to our guide, Completing Form 26B: Affidavit for Filing Domestic Contract With Court.

Ontario Separation Agreement

A Separation Agreement is a legally binding agreement that outlines how you and your ex will handle your affairs post-separation. In Ontario, this agreement defines each party’s rights and responsibilities, eliminating the need for court proceedings.

Once you and your ex sign it, a Separation Agreement becomes enforceable under Ontario’s Family Law Act. If you need to draft one, use our free Separation Agreement template to help you do it quickly and easily.

Ontario Cohabitation Agreement

A Cohabitation Agreement is a legal contract between two unmarried individuals who are in a relationship and cohabiting together. It details each person’s rights and responsibilities both while they live together and if their relationship ends.

You may want a Cohabitation Agreement if you plan to buy property with your partner or live together without getting married. It enables you to protect your assets and sets expectations for both parties. Use our free Ontario Cohabitation Agreement template to draft one seamlessly.

To learn more about how Cohabitation Agreements work in Ontario, see our Guide to Cohabitation Agreements in Ontario.

Ontario Marriage Contract

An Ontario Marriage Contract is a legal agreement between two individuals who are either married or planning to get married.  If you were in a common-law relationship and had a Cohabitation Agreement, it 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.

• Prenups help prevent future disputes by setting expectations from the beginning. They offer financial protection and transparency before a couple ties the knot.

• Postnups give couples the opportunity to redefine the financial terms of their relationship. They allow you and your spouse to decide how to handle specific matters during your marriage or in the event of separation.

You can learn more about prenuptial agreements (prenups) and postnuptial agreements (postnups) here. 

Ontario Paternity Agreement

A Paternity Agreement is a written contract between unmarried parents that outlines key matters concerning their child. These agreements may also detail custody and access arrangements, meaning where a child will live and how parenting time will be shared. They can also specify each parent’s role in deciding matters like childcare and the overall upbringing of children.

Essentially, a Paternity Agreement provides safeguards for parents and children by clearly defining everyone’s roles and responsibilities.

Completing Form 26B: Affidavit for Filing Domestic Contract

Completing Form 26B: Affidavit for Filing Domestic Contract is a critical step in registering domestic agreements with an Ontario court. To complete it, you’ll need to provide details about your contract and the parties involved. Here’s what to include in your Affidavit:

1. Basic Information

• Court details: The name of the Ontario court (either the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice) and its address.

• Details of the parties involved: Provide the full legal names and addresses of all parties (including lawyers if applicable).

• Contact information: Provide the phone numbers, fax, and email addresses of all parties involved.

• Your information: Include your full legal name, province of residence, municipality, and the date you’re signing Form 26B.

• Court file number: If your agreement is part of an existing family court case, include the court file number of that case.

• Alternatively, the appropriate court will assign a court file number when your documents are filed.

2. Contract Details

• Agreement type: Specify the type of domestic contract you’re filing.

• Agreement date: Provide the date your contract or agreement was signed.

• Contract status: Confirm that no contract has been set aside by a court or changed by the parties.

• Support provisions: If your agreement includes child or spousal support, provide the relevant financial details. 

• Include the payor’s gross annual income and, if applicable, the recipient’s income for special expenses.”

3. Filing Form 26B: Affidavit for Filing Domestic Contract

To file Form 26B with the court, you must first have it commissioned by an authorized official, like a notary public. Then, you need to submit your completed form, along with a copy of your signed domestic contract, to the appropriate court.

If you need further help with filing Form 26B, you can use CLEO’s free Guided Pathway tool, which includes step-by-step instructions. To learn more about filing Form 26B, see our guide here.

Commissioning Form 26B: Affidavit for Filing Domestic Contract

You must have Form 26B commissioned, which involves signing it in the presence of an authorized official to make it legally valid. 

By signing Form 26B, you’re affirming that the details you’ve provided in your Affidavit are accurate to the best of your knowledge. It’s important to be truthful when creating an Affidavit. Intentionally providing false information could be considered perjury, a criminal offence in Canada.

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

• A notary will ask you to show a valid ID.

• You’ll take an oath or affirmation to confirm that your Affidavit is truthful.

• A notary will make sure you understand the contents of your Affidavit.

• They’ll confirm you’re signing willingly, without pressure.

• You’ll sign and date your Affidavit, and a notary will witness your signature.

• A notary will sign and seal your Affidavit, and commissioning is complete.

Commissioning your Affidavit is now faster than ever before with our online notary service. Have your Affidavit commissioned in under 7 minutes from anywhere — with instant service.

Draft Form 26B: Affidavit for Filing Domestic Contract Today

When you create a Separation Agreement, Marriage Contract, Cohabitation Agreement, or Paternity Agreement, you’re protecting your future. Filing Form 26B with these agreements ensures they become part of the court record, so they can be legally enforced. 

Make your domestic contract part of the official court record today. Book an online notary appointment with us and get your Form 26B commissioned from the comfort of wherever you are.