If you are getting a divorce in Ontario, as part of your divorce application you may be required to complete an Affidavit for Divorce to submit to the court. Your Neighbourhood Notary can help you commission your Affidavit for Divorce.

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What is it? 

If you are getting a divorce in Ontario, you will have to file a divorce application with the Ontario Superior Court of Justice. 

If you are filing a joint divorce (where both you and your spouse agree on major points of the divorce) or you are applying for a divorce yourself but your spouse has not responded to you within 30 days, you will need to complete a Form 36: Affidavit for Divorce. You can find a copy of the form for download here. 

As part of your divorce application, you may be required to fill out and submit any of the following forms: 

• Form 35.1: Affidavit (decision-making responsibility, parenting time, contact) - if you're asking for decision-making responsibility or parenting time. You have to answer some personal questions about your family situation and tell the court about your parenting plan.
• Form 13: Financial Statement or Form 13.1: Financial Statement - if you're asking for child support, spousal support, or to divide property. You have to give information about your finances such as your income, living expenses, and assets and debts.

What is usually included?

A Form 36: Affidavit for Divorce is a form where you include information about you and your partner, your children, and any arrangements made after separating about decision-making responsibility, parenting time, child support, spousal support, and dividing property. 

Commissioning your Form 36: Affidavit for Divorce

Once your Form 36: Affidavit for Divorce is completed, it must be sworn or affirmed  that the information contained in the affidavit is true and correct. This must be done before a commissioner of oaths. 

Neighbourhood Notary can help you commission your Form 36: Affidavit for Divorce. 

​Other Information for Your Divorce Application

For more information about applying for a divorce by yourself, including what forms need to be completed and submitted, click here.

For more information about applying for a divorce with your spouse (i.e. joint divorce application), including what forms need to be completed and submitted, click here.

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. Our partners at Neighbourhood Legal can assist with a lawyer referral if you require a family lawyer referral. 

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DISCLAIMER: information provided in this article is for informational purposes only. It may not be up-to-date and may not be accurate. It shall not be construed as legal advice. Please contact the relevant governmental entity or organization for the most up-to-date and accurate information.

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