What Is Financial Disclosure in an Ontario Divorce and What Must You Provide?
Financial disclosure means sharing accurate, sworn information about your income, property and debts so support and property can be decided fairly. Anyone who claims support or property must serve and file a financial statement, which is Form 13 for a support claim without a property claim and Form 13.1 for any property claim.
If the only support claim is child support in the table amount, no financial statement is needed, unless there is also a property claim or a claim for exclusive possession of the matrimonial home. The statements must be sworn before a commissioner of oaths, and supporting financial documents must also be provided. A party must correct or update any served financial document as soon as they find it is wrong.
If a party fails to disclose, the court can order the documents served and must award costs, and for failing to obey an order it can dismiss a claim or strike out a party's documents. Hiding assets is risky. Deadlines for sharing documents depend on your case, so a lawyer can confirm them.
Key takeaways
- Form 13 is for a support claim without a property claim, and Form 13.1 is for any property claim.
- Table child support alone does not need a financial statement unless there is also a property or exclusive possession claim.
- Financial statements must be sworn before a commissioner of oaths and backed by supporting documents.
- If a party fails to disclose, the court can order documents served and must award costs.