Documents to Gather Before You Separate in Ontario

Separation tends to arrive faster than people expect, and access to shared accounts, mail and computers can change overnight. If you are thinking about separating, one of the most useful things you can do is quietly work out what records exist and where they are kept.

This article explains which documents are usually worth copying, why each matters, and how they connect to the forms and disclosure steps in an Ontario family case. It is general information, not legal advice, and your situation may call for more or fewer records.

Why documents matter so much

Ontario's court process expects both sides to put their finances on the table. Financial disclosure documents are needed where a case involves child support, spousal support or property. If you reach a written agreement instead of going to court, the same honesty applies: a court may refuse to enforce a separation agreement if a party did not fully disclose financial information.

Even more, a court can set aside a domestic contract, or a provision in it, if a party failed to disclose significant assets or significant debts or liabilities that existed when the contract was made. Good records protect you from signing something based on incomplete numbers, and they help you give complete and accurate information yourself.

Financial records to copy

There is no single universal list, but the following categories are commonly relevant. Copy or photograph them, and note account numbers and institutions even if you cannot get every statement.

• Recent income tax returns and notices of assessment for you and your spouse
• Pay stubs, employment letters, or business financial statements
• Bank, savings and investment account statements
• Registered accounts such as RRSPs, TFSAs and pension statements
• Mortgage statements, property tax bills and a recent value estimate of your home
• Loan, line of credit and credit card statements
• Vehicle ownership and loan documents
• Life insurance policies and beneficiary details
• Business ownership records, if either of you owns or runs a company

Tax returns and notices of assessment deserve special attention. For child support, the paying parent must give proof of income, meaning a tax return and notice of assessment, every year.

Family and legal records

Not everything is financial. Some documents establish who you are to each other, what you have already agreed, and what the children's circumstances are.

How these documents show up in a case

If your case involves support or property claims, you will complete a financial statement. That is Form 13 where only support is claimed, and Form 13.1 where property or debts are claimed; both are commissioned. A Certificate of Financial Disclosure (Form 13A) also applies to support or property claims.

The court also issues an Automatic Order (Form 8.0.1), which must be given to the other party. Knowing what you own and owe before you are served or start a case means you can complete these forms accurately rather than guessing.

For married spouses, property acquired during the marriage must be split equally when the marriage ends, and the full value of the matrimonial home is shared even if one spouse owned it before the marriage or received it as a gift or inheritance. Records of what each of you owned and owed matter to that calculation, so keep anything that shows values and dates. The exact way values are calculated is worth confirming with a lawyer.

What to do next

• Make a simple inventory first: list accounts, debts and property before you chase individual statements.
• Copy rather than remove originals. Taking or destroying documents can escalate conflict, so ask a lawyer if you are unsure what is appropriate.
• Store copies somewhere your spouse cannot access, such as a new email account with a password only you know.
• Do not access accounts, devices or email you are not entitled to use. Ask a lawyer first.
• Each of you should have your own lawyer look over a separation agreement before you sign it.
• Use free information services. Family Law Information Centres give free information about separation and divorce, though their staff do not give legal advice.

If you have safety concerns, put your safety first and speak with a lawyer or a support service about how to gather records without putting yourself at risk.

Frequently asked questions