Divorce Affidavit and Evidence Requirements in Ontario

If your divorce is uncontested, no one usually appears before a judge. Instead, the judge reads your paperwork, so what you put in it matters. Missing or unclear documents are a common reason files are sent back.

This article walks through the Form 36 affidavit, how to prove your marriage, and the other documents the court needs before it grants the order.

How an uncontested divorce is decided

An uncontested divorce is decided on paper. The clerk prepares a Certificate of Clerk (Divorce) (Form 36A) and presents the file to a judge. The judge may grant the divorce as drafted, return the papers for correction, or grant it with changes or refuse it after giving the applicant a chance to respond. Rule 36 does not require anyone to attend in person.

What the Form 36 affidavit must cover

The evidence is an affidavit, Form 36: Affidavit for Divorce. It must confirm the information in the application, prove the marriage if no certificate is filed, and prove any earlier divorce or death of a spouse. It must also give the child support arrangements and financial information, and any other information necessary for the court to grant the divorce.

The child support information matters because the court must be satisfied that reasonable arrangements have been made to support any children of the marriage. If they have not, it delays the divorce.

Who swears the affidavit

• In a case with a respondent, the applicant files it if the respondent files no answer or withdraws the answer.
• In a joint application, the joint applicants file it, and Ontario's joint divorce checklist says each spouse completes a separate Form 36.

An affidavit is sworn evidence, so make sure everything in it is accurate and complete.

Proving the marriage and other required documents

The court will not grant a divorce until it has the marriage certificate (or marriage registration certificate) and a report from the Central Registry of Divorce Proceedings on any earlier divorce cases.

If you do not have the marriage certificate, the court can grant the divorce without the original if it accepts the explanation given in the Form 36 affidavit. A certificate that is not in English must be translated by a certified translator.

The applicant also files three copies of a draft Divorce Order (Form 25A) and stamped envelopes for each party. If support is included, an extra copy and two draft support deduction orders are also needed.

What to do next

• Order or locate your marriage certificate, with a certified translation if it is not in English.
• Complete Form 36 carefully, with each spouse completing a separate one in a joint application.
• Prepare three copies of the draft Divorce Order (Form 25A) and the stamped envelopes.
• Check whether you also need financial statements for any support or property claim.
• Consider having a lawyer review your package if anything is unusual.

A simple or joint divorce can be filed online. Toronto filings go through the Ontario Courts Public Portal, and filings elsewhere go through Family Submissions Online. Court staff review submissions within 3 business days.

Frequently asked questions