- Family cases in Ontario cover a wide range of claims — parenting, support, property, protection matters — and the Family Law Rules use different application forms depending on what's being asked for.
- Form 8 is the general-purpose application used to start most family law cases, including a divorce combined with other claims like support or parenting time.
- Form 8A is the application used for a divorce on its own, filed by one spouse or jointly.
Ontario family cases run on a standardized set of court forms under the Family Law Rules, and divorce has its own corner of that system. If you've started researching and keep running into references to Form 8, Form 8A, and Form 36, this is what each one is generally for — in plain language, before you're staring at a blank template wondering where to start.
One caution up front: court forms are updated and renumbered from time to time. Treat what follows as an explanation of the roles these forms play, and always confirm you're working from the current version before you file anything.
Why Divorce Has Its Own Set of Forms
Family cases in Ontario cover a wide range of claims — parenting, support, property, protection matters — and the Family Law Rules use different application forms depending on what's being asked for. A divorce on its own has a dedicated form because a divorce claim (governed by the federal Divorce Act) has requirements that a general family application doesn't: proof the marriage broke down, proof of jurisdiction, and satisfaction that arrangements for any children's support are reasonable.
Form 8: The General Family Court Application
Form 8 is the general-purpose application used to start most family law cases, including a divorce combined with other claims like support or parenting time. It's also the workhorse form for the broad range of family matters that don't involve a divorce at all — for example, a parenting or support case between parents who were never married, or a property claim on its own.
Form 8A: The Application for a Divorce on Its Own
Form 8A is the application used for a divorce on its own, filed by one spouse or jointly. Because it's built around a divorce claim, it includes the information a court needs to confirm jurisdiction and grounds for the divorce itself. If the case also asks for other claims, such as support or parenting time, the general application, Form 8, is generally the form used to start it.
Form 36: The Affidavit That Supports an Uncontested Divorce
Form 36 is generally used as a sworn affidavit filed in support of an undefended divorce — the kind many Ontario divorces are, where nobody is contesting the terms. It puts the necessary facts before the judge in writing (things like separation, and that arrangements for any children are reasonable) so the divorce can typically be granted based on the paper record, without either spouse having to appear in court.
Other Paperwork You'll Likely Need Alongside These
Depending on what your case involves, expect additional forms beyond the core application and affidavit — most commonly a financial statement if support or property is in issue, and any consent or agreement documents if the terms are settled between you and your spouse. Which additional forms apply depends heavily on your specific claims, which is exactly the kind of thing worth confirming with a lawyer or the court's own guidance rather than guessing from a general list.
Always Check You Have the Current Version
Because family law forms are periodically revised — sometimes renumbered, sometimes just updated in content — the single most useful habit is downloading the current version directly from the official Ontario court forms source immediately before you file, rather than reusing an old copy you or someone else saved previously. An outdated form can be rejected at the counter, costing you time you didn't need to lose.
Why It's Worth Getting the Forms Right the First Time
Court staff generally review filed forms for completeness before a matter moves forward, and an incomplete or incorrectly filled-out form is one of the more common reasons a straightforward, uncontested divorce ends up taking longer than expected. It isn't usually about the law being complicated — it's about a signature missing, a section left blank, or a form that doesn't match the current version. None of that is a reflection of how strong your case is; it's simply the kind of administrative snag that a careful first pass through the paperwork avoids.
Frequently asked questions
Can I fill these forms out myself?
Many people do, particularly for simple, uncontested divorces. Whether that's the right call for you depends on how straightforward your situation is — anything involving contested support, property, or parenting tends to benefit from a lawyer's involvement well before the forms stage.
What happens if I use an outdated form?
At minimum, expect delay — court staff can refuse to accept a form that's no longer current. In some cases it can mean re-doing work you thought was finished, so it's worth double-checking before every filing, not just the first one.
Do joint applicants file separate forms?
When both spouses apply together as joint applicants, they generally complete and file the application together rather than filing duplicate, competing versions. The specifics of how that's presented can vary, so confirm the current joint-application process before assuming.
Where do I actually get these forms?
The official, current versions are published through Ontario's court forms resources. Avoid relying on a form saved from a search result or an old email — go to the source each time you file.
Sources
- Divorce Act — Justice Laws (federal)
Links go to the official consolidated text. Legislation changes — confirm you are reading the current version.
This is a family law question
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