Understanding Form 36: Affidavit for Divorce in Ontario

Introduction to Form 36: Affidavit for Divorce in Ontario

Form 36: Affidavit for Divorce is a legal document used in Ontario courts to support a divorce application. It is a sworn statement where the applicant provides essential information about their marriage, separation, and the grounds for divorce. This form is typically filed alongside the divorce application to establish the facts necessary for the court to grant a divorce order.

Purpose and Use of the Form

The primary purpose of Form 36 is to serve as an affidavit that confirms the applicant’s details and the legal basis for divorce. It includes declarations about the marriage, separation period, children, and any arrangements related to child support or parenting. The form also addresses the applicant’s affirmation that there is no reconciliation possibility and that all information provided is accurate.

This form is essential for couples seeking an uncontested divorce, where both parties agree on the terms, including issues related to children or property. It helps streamline the court process by providing a clear, sworn statement of facts supporting the divorce application.

Who Needs to Complete Form 36?

Any individual applying for divorce in Ontario must complete Form 36 if they are the applicant in the case. This includes providing personal details such as full legal name, address for service, and, if applicable, lawyer’s contact information. The respondent’s details are also included, especially if they are involved in the case or have agreed to the divorce.

The form is particularly relevant when the applicant wishes to include specific claims about children, child support, or previous court orders or agreements related to the marriage.

Step-by-Step Procedure for Filling Out the Form

1. Complete Personal and Respondent Details

Start by filling out your full legal name and address for service. Include your lawyer’s contact information if you have legal representation. Repeat the same for the respondent, providing their full name and contact details.

2. Affirm Your Identity and Marriage Details

Declare your full name and residence, then affirm that the information provided is true. Indicate the date of separation, marriage details, and whether the marriage certificate has been filed or attached.

3. State the Legal Basis for Divorce

Specify the grounds for divorce, typically that you and the respondent have been separated for at least one year. If there are other reasons, such as desertion or adultery, they should be noted here.

4. Address Children and Parenting Arrangements

If there are children of the marriage, list their full names and birth dates. Summarize any parenting arrangements, including custody, visitation, and support details.

5. Detail Child Support Arrangements

Provide information about the income of the paying parent, the number of children, and the calculated support amounts according to the child support guidelines. Note whether payments are current or different from guideline amounts, and attach relevant court orders or agreements if applicable.

6. Include Additional Claims or Costs

If claiming costs in the case or making other relevant declarations, specify these details in the designated section.

7. Finalize and Swear the Affidavit

Once completed, the affidavit must be sworn or affirmed before a commissioner for taking affidavits, a notary public, or a lawyer authorized to administer oaths. This step confirms the truthfulness of the statements made.

Important Considerations and Deadlines

When filing Form 36, ensure all information is accurate and complete. Providing false or misleading information can have serious legal consequences. The form must be signed and sworn before submission to the court, and any attachments, such as marriage certificates or court orders, should be included.

There are no specific deadlines for completing Form 36 itself, but it must be filed as part of the divorce process, which can only proceed once the required separation period has elapsed and all supporting documents are in order.

After Filing the Affidavit

Following submission, the court reviews the affidavit and supporting documents. If everything is in order, the court may grant the divorce order without the need for a court hearing, especially if both parties agree and all legal requirements are met.

It is advisable to keep copies of the affidavit and any related documents for your records. If there are disputes about child support or parenting arrangements, additional court hearings or negotiations may be necessary.