Ontario Divorce Forms: Which Ones You Need and Where to Find Them

Doing your own divorce paperwork in Ontario can feel confusing because the forms have similar numbers and names. Some are filed by you, and some are prepared by the court.

This article lists the main forms for a sole or joint divorce, explains what each one does and points out the common mix-ups. Your own file may need more or fewer forms, so treat this as a map, not a checklist you must follow exactly.

Starting the case: sole or joint

Either spouse may start a divorce case by an application naming the other spouse as respondent, or both spouses may file a joint application with no respondent. In a joint application, the divorce and any other order can be made only with both spouses' consent. The application form is Form 8A, called Application (Divorce).

Before you can ask for a divorce, you must meet the basic rules. Either spouse must have been habitually resident in Ontario for at least one year immediately before the proceeding starts. The ground is breakdown of the marriage, usually shown by living separate and apart for at least one year.

The forms for an uncontested divorce

The most common mistake is mixing up Form 36 and Form 36A. Form 36 is the affidavit you swear. Form 36A is the clerk's certificate, which the clerk prepares before presenting the file to a judge.

What goes with the affidavit and draft order

The Form 36 affidavit must confirm the information in the application, prove the marriage if no certificate is filed, and prove any earlier divorce or death of a spouse. It must also give the child support arrangements and financial information, and any other information the court needs to grant the divorce. In a joint application, Ontario's checklist says each spouse completes a separate Form 36.

• The court will not grant a divorce until it has the marriage certificate or marriage registration certificate, and a report from the Central Registry of Divorce Proceedings on any earlier divorce cases.
• If you do not have the original marriage certificate, the court can grant the divorce if it accepts the explanation in your Form 36 affidavit. A certificate that is not in English must be translated by a certified translator.
• You also file three copies of the draft Divorce Order (Form 25A) and stamped envelopes for each party. If support is included, an extra copy and two draft support deduction orders are needed.

An uncontested divorce is decided on paper. The judge may grant the divorce as drafted, return the papers for correction, or grant it with changes or refuse it after giving you a chance to respond. Rule 36 does not require anyone to attend in person.

Financial statements and contested cases

Anyone who claims support or property must serve and file a financial statement. Use Form 13 for a support claim without a property claim, and Form 13.1 for any property claim, whether or not support is also claimed. The same applies to a claim for exclusive possession of the matrimonial home.

There are exceptions. If the only support claim is child support in the table amount, no financial statement is needed, unless there is also a property claim or a claim for exclusive possession of the matrimonial home. Financial statements must be sworn before a commissioner of oaths, and supporting financial documents must also be provided. If you find a served financial document is wrong, you must correct it as soon as you find out.

If the other spouse files an answer, the case is contested. A judge must hold at least one conference, subject to exceptions, and the parties attend these conferences.

What to do next

• Decide whether you are filing a sole or joint application.
• Gather the marriage certificate, details of any earlier divorce, and your financial information.
• Check whether your claims mean you need Form 13 or Form 13.1.
• Complete the Form 36 affidavit carefully, and prepare the Form 25A draft order copies.
• Find the current versions of the forms on Ontario's court pages, and ask the court office if you are unsure which ones apply.
• Get legal advice if there are children, property, support or a contested answer, since mistakes can delay the divorce.

Frequently asked questions