Form 8A "Application (Divorce)" - Ontario, Canada

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ONTARIO
Court File Number
(Name of court)
Form 8A: Application
SEAL
at
(Divorce)
Simple (divorce
only)
Court office address
Joint
Applicant(s)
Applicant(s) Lawyer
Full legal name:
Name:
Address:
Address:
Phone & fax:
Phone & fax:
Email:
Email:
Respondent(s)
Respondent(s) Lawyer
Full legal name:
Name:
Address:
Address:
Phone & fax:
Phone & fax:
Email:
Email:
IN THIS CASE, THE APPLICANT IS CLAIMING DIVORCE ONLY.
TO THE RESPONDENT(S): A COURT CASE FOR DIVORCE HAS BEEN STARTED AGAINST YOU IN THIS
COURT. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES.
THIS CASE IS ON THE STANDARD TRACK OF THE CASE MANAGEMENT SYSTEM. No court date has been set
for this case but, if you have been served with a notice of motion, it has a court date and you or your lawyer should
come to court for the motion. A case management judge will not be assigned until one of the parties asks the clerk of
the court to schedule a case conference or until a motion is scheduled, whichever comes first.
IF, AFTER 365 DAYS, THE CASE HAS NOT BEEN SCHEDULED FOR TRIAL, the clerk of the court will send out a
warning that the case will be dismissed within 60 days unless the parties file proof that the case has been settled or
one of the parties asks for a case or a settlement conference.
IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an Answer (Form 10 – a
blank copy should be attached), serve a copy on the applicant and file a copy in the court office with an Affidavit of
Service (Form 6B). YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF
THIS APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE
AN ANSWER. IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN
ORDER AND ENFORCE IT AGAINST YOU.
IF YOU WANT TO MAKE A CLAIM OF YOUR OWN, you or your lawyer must fill out the claim portion in the Answer,
serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service.
·
If you want to make a claim for support but do not want to make a claim for property or exclusive possession
of the matrimonial home and its contents, you MUST fill out a Financial Statement (Form 13), serve a copy on
the applicant(s) and file a copy in the court office.
·
However, if your only claim for support is for child support in the table amount specified under the Child
Support Guidelines, you do not need to fill out, serve or file a Financial Statement.
·
If you want to make a claim for property or exclusive possession of the matrimonial home and its contents,
whether or not it includes a claim for support, you MUST fill out a Financial Statement (Form 13.1, not Form
13), serve a copy on the applicant(s), and file a copy in the court office.
YOU SHOULD GET LEGAL ADVICE ABOUT THIS CASE RIGHT AWAY. If you cannot afford a lawyer, you may be
able to get help from your local Legal Aid Ontario office. (Go to www.legalaid.on.ca/.)
FLR 8A (December 1, 2020)
Page 1 of 6
ONTARIO
Court File Number
(Name of court)
Form 8A: Application
SEAL
at
(Divorce)
Simple (divorce
only)
Court office address
Joint
Applicant(s)
Applicant(s) Lawyer
Full legal name:
Name:
Address:
Address:
Phone & fax:
Phone & fax:
Email:
Email:
Respondent(s)
Respondent(s) Lawyer
Full legal name:
Name:
Address:
Address:
Phone & fax:
Phone & fax:
Email:
Email:
IN THIS CASE, THE APPLICANT IS CLAIMING DIVORCE ONLY.
TO THE RESPONDENT(S): A COURT CASE FOR DIVORCE HAS BEEN STARTED AGAINST YOU IN THIS
COURT. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES.
THIS CASE IS ON THE STANDARD TRACK OF THE CASE MANAGEMENT SYSTEM. No court date has been set
for this case but, if you have been served with a notice of motion, it has a court date and you or your lawyer should
come to court for the motion. A case management judge will not be assigned until one of the parties asks the clerk of
the court to schedule a case conference or until a motion is scheduled, whichever comes first.
IF, AFTER 365 DAYS, THE CASE HAS NOT BEEN SCHEDULED FOR TRIAL, the clerk of the court will send out a
warning that the case will be dismissed within 60 days unless the parties file proof that the case has been settled or
one of the parties asks for a case or a settlement conference.
IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an Answer (Form 10 – a
blank copy should be attached), serve a copy on the applicant and file a copy in the court office with an Affidavit of
Service (Form 6B). YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF
THIS APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE
AN ANSWER. IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN
ORDER AND ENFORCE IT AGAINST YOU.
IF YOU WANT TO MAKE A CLAIM OF YOUR OWN, you or your lawyer must fill out the claim portion in the Answer,
serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service.
·
If you want to make a claim for support but do not want to make a claim for property or exclusive possession
of the matrimonial home and its contents, you MUST fill out a Financial Statement (Form 13), serve a copy on
the applicant(s) and file a copy in the court office.
·
However, if your only claim for support is for child support in the table amount specified under the Child
Support Guidelines, you do not need to fill out, serve or file a Financial Statement.
·
If you want to make a claim for property or exclusive possession of the matrimonial home and its contents,
whether or not it includes a claim for support, you MUST fill out a Financial Statement (Form 13.1, not Form
13), serve a copy on the applicant(s), and file a copy in the court office.
YOU SHOULD GET LEGAL ADVICE ABOUT THIS CASE RIGHT AWAY. If you cannot afford a lawyer, you may be
able to get help from your local Legal Aid Ontario office. (Go to www.legalaid.on.ca/.)
FLR 8A (December 1, 2020)
Page 1 of 6
Form 8A:
Application (Divorce)
(page 2)
Court File Number
THIS CASE IS A JOINT APPLICATION FOR DIVORCE. THE DETAILS ARE SET OUT ON THE ATTACHED
PAGES. The application and affidavits in support of the application will be presented to a judge when the
materials have been checked for completeness.
If you are requesting anything other than a simple divorce, such as support or property or exclusive possession of
the matrimonial home and its contents, then refer to page 1 for instructions regarding the Financial Statement you
should file.
Date of issue
Clerk of the court
FLR 8A (December 1, 2020)
Page 2 of 6
Form 8A:
Application (Divorce)
(page 3)
Court file number
FAMILY HISTORY
APPLICANT:
Age:
Birthdate:
(d, m, y)
since
Resident in
(municipality & province)
(date)
First name on the day before the marriage date:
Last name on the day before the marriage date:
Gender on the day before the marriage date:
Male
Female
Another gender
Gender information not available
Divorced before?
No
Yes
(Place and date of previous divorce)
RESPONDENT/JOINT APPLICANT:
Age:
Birthdate:
(d, m, y)
since
Resident in
(date)
(municipality & province)
First name on the day before the marriage date:
Last name on the day before the marriage date:
Gender on the day before the marriage date:
Male
Female
Another gender
Gender information not available
Divorced before?
No
Yes
(Place and date of previous divorce)
RELATIONSHIP DATES:
Married on
Started living together on
(date)
(date)
Separated on
Never lived together
(date)
THE CHILD(REN)
List all children involved in this case, even if no claim is made for these children.
Now Living With
Birthdate
Resident in
Full legal name
Age
(name of person and relationship to
(d,m,y)
(municipality & province)
child)
PREVIOUS CASES OR AGREEMENTS
Have the parties or the children been in a court case before?
No
Yes
Have the parties made a written agreement dealing with any matter involved in this case?
No
Yes
(Give date of agreement. Indicate which of its terms are in dispute. Attach an additional page if you
need more space.)
FLR 8A (December 1, 2020)
Page 3 of 6
Form 8A:
Application (Divorce)
(page 4)
Court file number
Has a Notice of Calculation and/or a Notice of Recalculation been issued by the online Child Support Service in this case?
No
Yes
(Give date(s) of Notice(s) of Calculation or Recalculation.)
If yes, are you asking the court to make an order for child support that is different from the amount set out in the
Notice?
No
Yes
(Provide an explanation.)
CLAIMS
USE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE
WE JOINTLY ASK THE COURT FOR THE FOLLOWING:
Claims under the Divorce Act
Claims under the Family Law Act or
Claims relating to property
Children’s Law Reform Act
00
a divorce
10
spousal support
20
equalization of net family
properties
01
spousal support
11
support for child(ren) –
table amount
02
support for child(ren) –
21
exclusive possession of
table amount
matrimonial home
12
support for child(ren) –
other than table amount
03
support for child(ren) –
22
exclusive possession of
contents of matrimonial
other than table amount
13
decision-making responsibility for
home
04
decision-making responsibility
children
for child(ren)
14
parenting time with child(ren)
05
parenting time with child(ren)
15
restraining/non-harassment order
23
freezing assets
16
indexing spousal support
24
sale of family property
17
declaration of parentage
18
guardianship over child’s property
Other claims
30
costs
31
annulment of marriage
32
prejudgment interest
50
Other
(Specify)
USE THIS FRAME ONLY IF THE APPLICANT’S ONLY CLAIM IN THIS CASE IS FOR DIVORCE.
I ASK THE COURT FOR:
(Check if applicable.)
00
a divorce
30
costs
IMPORTANT FACTS SUPPORTING THE CLAIM FOR DIVORCE
Separation: The spouses have lived separate and apart since
and
(date)
have not lived together again since that date in an unsuccessful attempt to reconcile.
have lived together again during the following periods(s) in an unsuccessful attempt to reconcile:
(Give dates.)
Adultery:
has committed adultery.
(Name of spouse)
(Give details. It is not necessary to name any other person involved but if you do name the other person, then you must serve
this application on the other person.)
FLR 8A (December 1, 2020)
Page 4 of 6
Form 8A:
Application (Divorce)
(page 5)
Court File Number
Cruelty:
has treated
(Name of spouse)
(name of
with physical or mental cruelty of such a kind as to
spouse)
make continued cohabitation intolerable.
(Give details.)
USE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE.
The details of the other order(s) that we jointly ask the court to make are as follows:
(Include any amounts of support and
the names of the children for whom support, decision-making responsibility, parenting time or contact is to be ordered.)
IMPORTANT FACTS SUPPORTING OUR CLAIM(S)
(Set out the facts that form the legal basis for your claim(s). Attach an additional page if you need more space.)
APPLICANT’S CERTIFICATE
(Your lawyer, if you are represented, must complete the Lawyer’s Certificate below.)
Sections 7.1 to 7.5 of the Divorce Act and section 33.1 of the Children’s Law Reform Act require you and the other party to:
Exercise your decision-making responsibility, parenting time, or contact with a child in a manner that is
consistent with the child’s best interests;
Protect the child from conflict arising from this case, to the best of your ability;
Try to resolve your family law issues by using out-of-court dispute resolution options, if it is appropriate in your
case (for more information on dispute resolution options available to you, including court-connected mediation,
you can visit the
Ministry of the Attorney General’s website
or www.stepstojustice.ca);
Provide complete, accurate, and up-to-date information in this case; and
Comply with any orders made in this case.
We/I certify that we are/I am aware of these duties under the Divorce Act and the Children’s Law Reform Act.
Complete this section if your only claim is for a divorce. Your lawyer, if you are represented, must complete the Lawyer’s Certificate below.
Date of signature
Signature of applicant
Complete this section if you are making a joint application for divorce.
Date of signature
Signature of joint applicant
Date of signature
Signature of joint applicant
FLR 8A (December 1, 2020)
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