- - Form 13 — used when the case involves support claims only, either child support, spousal support, or both, and no claim to divide property.
- Both versions ask you to sworn-disclose: - Your income from all sources - Your monthly expenses - Any special or extraordinary expenses for the children, where applicable Both are sworn…
Nearly every contested family law case in Ontario requires a sworn financial statement — but there are two different versions, and filing the wrong one can get your document rejected or leave out disclosure the other side, or the court, is entitled to see. Knowing whether your case calls for Form 13 or Form 13.1 before you start filling one out saves time and avoids a frustrating do-over.
This guide breaks down what each form covers, who needs which one, and how to avoid the most common mix-up.
The Short Answer
- Form 13 — used when the case involves support claims only, either child support, spousal support, or both, and no claim to divide property.
- Form 13.1 — used whenever the case involves a property claim, most commonly an equalization of net family property claim under the Family Law Act, or a claim under a domestic contract, regardless of whether support is also being claimed.
If you're not sure whether your case includes a property claim, that's the question to answer first, because it decides which form you need.
Form 13 vs Form 13.1 at a Glance
| Form 13 | Form 13.1 | |
|---|---|---|
| Used when | Support claims only, no property claim | Any property claim, with or without support |
| Covers income and expenses | Yes | Yes |
| Covers assets and debts | Limited | Full asset and debt disclosure |
| Used for equalization | No | Yes |
| Common in | Straightforward support-only motions | Divorces involving a matrimonial home or shared assets |
What Both Forms Have in Common
Both versions ask you to sworn-disclose:
- Your income from all sources
- Your monthly expenses
- Any special or extraordinary expenses for the children, where applicable
Both are sworn documents — everything in them is given under oath, and inaccuracies can affect your credibility and, in more serious cases, the outcome of your case.
Why Form 13.1 Asks for More
Because Form 13.1 supports property claims, it also requires a full picture of what you own and owe: real estate, vehicles, investments, business interests, pensions, and debts. This additional disclosure is what allows the court, or your own lawyer, to work out net family property and whether an equalization payment is owed.
If your matter involves a business, significant investments, or a matrimonial home, expect Form 13.1 to take considerably longer to prepare properly than Form 13 would.
Situations That Commonly Require Form 13.1
- [ ] You or your spouse owns a home that was a matrimonial home during the marriage
- [ ] Either of you wants an equalization of net family property
- [ ] There's a domestic contract, such as a marriage contract, cohabitation agreement, or separation agreement, whose terms are in dispute
- [ ] Either spouse has significant assets, investments, or a business
- [ ] You're not sure whether you're only asking for support, or also want a share of property
If any of these apply, using Form 13 instead is likely to mean re-doing your disclosure later.
What Happens If You File the Wrong One
Filing Form 13 when your case actually involves a property claim generally means the court or the other side will ask you to file Form 13.1 instead, with full asset and debt disclosure, which costs you time you didn't need to lose. It's worth confirming which form applies before your first court date rather than after.
Tips for Completing Either Form Accurately
- Gather source documents first — pay stubs, tax returns, mortgage statements, account statements — rather than estimating figures from memory
- Be consistent between what you disclose in your financial statement and what appears in any other sworn document you've filed
- Update your financial statement if your income or major assets change significantly while your case is ongoing
- Ask a lawyer to review the completed form before you swear and file it, especially if Form 13.1 is required
Frequently asked questions
I'm only asking for child support — do I still need full asset disclosure?
Not usually. If there's genuinely no property claim in your case, Form 13, which focuses on income and expenses, is generally sufficient.
Can a case start with Form 13 and switch to Form 13.1 later?
Yes. If a property claim gets added to a case that started as support-only, you'd generally need to complete and file a Form 13.1 at that point.
Does self-employment change which form I need?
Not by itself. Self-employment affects how you calculate and prove income within whichever form applies, but the choice between Form 13 and Form 13.1 still comes down to whether a property claim exists.
How often do I need to update my financial statement?
Family court financial statements generally need to stay current, and you may need to update or refresh yours if your financial circumstances change materially while the case is ongoing, or as a case moves toward a conference or hearing.
This is a family law question
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