Mandatory Financial Disclosure in Ontario Family Court

If you suspect your spouse is hiding income, assets or debts, it is hard to negotiate or ask a court to decide anything fairly. Ontario's family court process builds in disclosure rules so both sides work from the same picture.

This article explains which financial documents are required, which form applies, what happens when someone does not comply, and what to do if you think information is being held back. Your facts matter, so a lawyer can confirm how this applies to you.

Who has to file a financial statement

A party who makes a claim for support, property or exclusive possession of the matrimonial home must serve and file a financial statement, either Form 13 or Form 13.1.

In plain terms, a financial statement is a written summary of your money situation that the other side and the court can look at. It matters because support and property decisions are only as good as the information behind them.

The respondent has the same duty. When answering an application, a respondent who raises support or property also files financial disclosure.

There is an exception. If the only support claim is for child support in the table amount under the Child Support Guidelines, and there is no property or exclusive-possession claim, the person making the claim does not have to file a financial statement.

Form 13 or Form 13.1?

The applicant files financial disclosure with the application if the case involves child support, spousal support or property.

Supporting documents in support cases

In support cases, a party must also serve certain documents:

• The income and financial information listed in section 21(1) of the Child Support Guidelines.
• If they became unemployed within the last three years, a complete copy of the Record of Employment or other proof of termination, plus a statement of any continuing benefits from the former employer.
• For child support, proof of any special or extraordinary (section 7) expenses.

If you are the one asking for support, expect to provide the same kind of information about yourself. Starting to collect these records early makes it easier to respond if the other side asks questions about them.

Forcing a spouse to disclose

If a party has not served or filed required financial documents, the court may, on motion, order them to do so. If it makes that order, it must also order the party to pay costs.

A judge at a conference can also order disclosure of documents, and ensuring disclosure is one of the purposes of a case conference. In each case in which an answer is filed, a judge must conduct at least one conference. If someone ignores a court order, the court may make any order it considers necessary, including costs, dismissing a claim or striking out documents.

A motion is how a party asks for an order during a case. No notice of motion or supporting evidence may be served, and no motion may be heard, until a conference dealing with the substantive issues has been completed. That bar does not apply if the court is of the opinion that there is a situation of urgency or hardship, or that a case conference is not required for some other reason in the interest of justice. Some motions are also exempt, including motions without notice, on consent, unopposed or limited to procedural matters.

Disclosure also matters after an agreement. A court may set aside a domestic contract, or a provision in it, if a party failed to disclose significant assets to the other.

What to do next

• Gather your own statements, tax records, pay information and account records before you file.
• Write down what you think is missing and why, such as accounts or income sources you know about.
• Raise missing documents at the case conference, where a judge can order disclosure.
• Do not sign a separation agreement until you are satisfied you have seen the full picture.
• Speak to a lawyer about whether a motion for disclosure makes sense in your case.

If you do not have a lawyer, Family Law Information Centres at family courts give free court forms and general information about procedure, though their staff give information, not legal advice. Low-income people may also get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel.

Frequently asked questions