Financial Statements (Form 13) in an Ontario Divorce

If a court or the other side has told you to complete a financial statement, it can feel like being asked to lay your whole life out on paper. In a way, you are. Support and property decisions in a divorce depend on a clear picture of what each person earns, owns and owes.

This article explains in plain language which financial statement form applies, how it is signed, and why it needs to be done carefully. It is general information, not legal advice.

Which form do you need?

There are two main financial statements, and which you use depends on what is being claimed. Form 13 (Financial Statement, Support Claims) is for support without property or debt claims. Form 13.1 (Financial Statement, Property and Support Claims) is for property or debt claims, with or without support. Form 13A is a different document: the Certificate of Financial Disclosure.

The type of application matters too. A divorce-only case uses Form 8A (Simple Application), and no other claims can be added to it. A general Form 8 is used where other claims such as support, parenting or property are made. If your case includes those other claims, financial statements usually come into play.

How the statement is signed

A financial statement is not just a form you fill in. Form 13 and Form 13.1 financial statements must be sworn or affirmed before a lawyer or commissioner of oaths. A courthouse clerk can commission them for people without a lawyer.

Swearing or affirming means you are formally stating that the contents are true. That is why it pays to finish the form, check it, and only then sign in front of the person commissioning it.

Why the numbers matter

Financial information is used in several parts of a divorce. In deciding spousal support, the court considers the condition, means, needs and other circumstances of each spouse, including the length of cohabitation, the functions each spouse performed during cohabitation, and any order, agreement or arrangement relating to support. For children, the court must be satisfied that reasonable arrangements have been made for their support before granting a divorce. The court may order a spouse to pay for the support of any or all children of the marriage.

For property, net family property is the value of property at the separation date, minus debts and excluded property, less the same net value at the date of marriage. A negative result counts as zero, and the spouse with the larger share pays half the difference as an equalization payment. You cannot complete that calculation without listing what you own and owe on the relevant dates.

What to gather before you start

The exact contents of the forms are best confirmed from the current versions, but most people need to collect the same kinds of records. Start early, since some documents take time to obtain.

• Recent income records, such as pay information and tax filings.
• Bank, investment and retirement account statements.
• Mortgage, loan and credit card balances.
• Records showing what you owned and owed on the date of marriage and the date of separation.
• Information on any pension. An Ontario pension counts as property in the division, and you can ask the pension administrator for information about its value.
• Details of anything you believe is excluded property, such as an inheritance or gift from someone other than your spouse.

If you are unsure how to value something, such as a business, cryptocurrency or a pension, it is worth asking a lawyer or accountant rather than guessing.

Mistakes and what happens next

People worry about getting something wrong. The specific consequences of errors or omissions depend on what was left out, whether it was deliberate, and how the court sees it, and a lawyer can explain the risks in your case. As a practical matter, a statement that is incomplete or inaccurate can slow things down, undermine your credibility, and lead to disputes you could have avoided.

Financial statements are also relevant to the early stages of a case. At a case conference, a judge or Dispute Resolution Officer discusses agreed and disputed issues and how the case should proceed. The case conference brief is limited to 8 pages, and agreements are written as Minutes of Settlement. Having your financial information organized makes those steps smoother.

If you realize after signing that something was missed or has changed, do not ignore it. Speak to a lawyer promptly about how to correct it.

What to do next

• Confirm which form applies to the claims in your case.
• Make a list of documents and request any you do not have, such as pension information.
• Complete the draft carefully and have someone review it.
• Arrange to have it sworn or affirmed, using a lawyer, a commissioner of oaths or a courthouse clerk.
• Get legal advice if the form includes property, debts, a business or anything you do not know how to value.

Frequently asked questions