What Is the Financial Statement Required in an Ontario Divorce?

Anyone who claims support or property in an Ontario divorce must serve and file a financial statement. Use Form 13 for a support claim without a property claim, and Form 13.1 for any property claim, whether or not support is also claimed. The same applies to a claim for exclusive possession of the matrimonial home.

There are exceptions. 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. Consent claims for spousal support under the Divorce Act are also exempt. Financial statements must be sworn before a commissioner of oaths, and supporting financial documents must also be provided.

You must correct or update any served financial document as soon as you find it is wrong. If a party fails to disclose, the court can order the documents served and must award costs. For failing to obey an order, the court can dismiss a claim or strike out a party's documents. Because a statement affects support and property, a lawyer or accountant can help you complete it accurately.