Form 36 "Affidavit for Divorce" - Ontario, Canada

This version of the form is not currently in use and is provided for reference only.
Download this version of Form 36 for the current year.

What Is Form 36?

Form 36, Affidavit for Divorce, is a formal document Ontario residents fill out when applying for a divorce together with their partners. Each spouse needs to prepare their own affidavit to share truthful information about the breakdown of their marriage, outline the decisions they have negotiated in relation to the child support, custody, and visitation, and provide a description of their marriage certificate or title of the certificate. Without a properly drafted Form 36, your divorce process cannot move forward.

This form was released by the Ontario Court Services on September 1, 2005, with all previous editions obsolete. Download a fillable Form 36 Affidavit for Divorce via the link below.

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How to Fill Out Form 36?

Follow these steps to prepare an Affidavit for Divorce:

  1. Select the name of the court, enter its address, and indicate the court file number. Write down the names and contact details of the applicant and respondent, as well as their lawyers.
  2. State your name and physical address. Certify you are applying for a divorce, there is no chance you and your spouse will reconcile, and all the statements in the application are correct - if there are changes, record them in the available space.
  3. Provide information about your marriage certificate - you can file it with the affidavit. Alternatively, record the date and place of issuance and the name and title of the individual who issued this document, if you obtained it outside Ontario. In case you have not been able to get a certificate of marriage, enter your date and place of marriage and name the person who had the authority to perform the marriage.
  4. Indicate the legal basis for the divorce - you and the respondent have been separated for at least one year. Specify the date of separation and other reasons that led to the divorce if you like.
  5. If you might want to claim for a property division after the divorce or do not want to include court orders and separation agreements in the divorce order, strike out the sentences that do not apply to you.
  6. List the names and birth dates of your children and describe the arrangements you and your spouse have made regarding the custody and financial support.
  7. If you are claiming costs in the case, provide details on them.
  8. State the last known address of the respondent.
  9. If there is still blank space on the last page of the form once you have completed the affidavit, put a line through it.
  10. Sign the document in the presence of the commissioner for taking affidavits, notary public, lawyer, or justice of the peace.
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Download Form 36 "Affidavit for Divorce" - Ontario, Canada

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ONTARIO
Court file number
(Name of Court)
Form 36:
at
Affidavit for Divorce
Court office address
Applicant(s)
Full legal name & address for service — street & number, municipality,
Lawyer’s name & address — street & number, municipality, postal code,
postal code, telephone & fax numbers and e-mail address (if any).
telephone & fax numbers and e-mail address (if any).
Respondent(s)
Full legal name & address for service — street & number, municipality,
Lawyer’s name & address — street & number, municipality, postal code,
postal code, telephone & fax numbers and e-mail address (if any).
telephone & fax numbers and e-mail address (if any).
My name is
(full legal name)
I live in
(municipality & province)
and I swear/affirm that the following is true:
1. I am the applicant in this divorce case.
2. There is no chance of a reconciliation between the respondent and me.
3. All the information in the application in this case is correct, except:
(State any corrections or changes to the information in the application. Write “NONE” if there are no corrections or changes.)
The certificate or registration of my marriage to the respondent has been signed and sealed by the Registrar
4.
General of Ontario and:
has been filed with the application.
is attached to this affidavit.
The certificate of my marriage to the respondent was issued outside Ontario. It is called
(title of certificate)
It was issued at
(place of issue)
on
(date)
by
(name and title of person who issued certificate)
and the information in it about my marriage is correct.
have not been able to get a certificate or registration of my marriage. I was married to the respondent on
(date)
at
(place of marriage)
The marriage was performed by
(name and title)
who had the authority to perform marriages in that place.
FLR-36-E (2005/09)
Page 1 of 4
ONTARIO
Court file number
(Name of Court)
Form 36:
at
Affidavit for Divorce
Court office address
Applicant(s)
Full legal name & address for service — street & number, municipality,
Lawyer’s name & address — street & number, municipality, postal code,
postal code, telephone & fax numbers and e-mail address (if any).
telephone & fax numbers and e-mail address (if any).
Respondent(s)
Full legal name & address for service — street & number, municipality,
Lawyer’s name & address — street & number, municipality, postal code,
postal code, telephone & fax numbers and e-mail address (if any).
telephone & fax numbers and e-mail address (if any).
My name is
(full legal name)
I live in
(municipality & province)
and I swear/affirm that the following is true:
1. I am the applicant in this divorce case.
2. There is no chance of a reconciliation between the respondent and me.
3. All the information in the application in this case is correct, except:
(State any corrections or changes to the information in the application. Write “NONE” if there are no corrections or changes.)
The certificate or registration of my marriage to the respondent has been signed and sealed by the Registrar
4.
General of Ontario and:
has been filed with the application.
is attached to this affidavit.
The certificate of my marriage to the respondent was issued outside Ontario. It is called
(title of certificate)
It was issued at
(place of issue)
on
(date)
by
(name and title of person who issued certificate)
and the information in it about my marriage is correct.
have not been able to get a certificate or registration of my marriage. I was married to the respondent on
(date)
at
(place of marriage)
The marriage was performed by
(name and title)
who had the authority to perform marriages in that place.
FLR-36-E (2005/09)
Page 1 of 4
Form 36:
Affidavit for Divorce
(page 2)
Court file number
5. The legal basis for the divorce is:
that the respondent and I have been separated for at least one year.
We separated on
(date)
Other
(Specify.)
6. I do not know about and I am not involved in any arrangement to make up or to hide evidence or to deceive the court
in this divorce case.
Strike out the following paragraphs if they do not apply.
7. I do not want to make a claim for a division of property in this divorce case, even though I know that it may be legally
impossible to make such a claim after the divorce.
8.
I want the divorce order to include the following paragraph numbers of the attached consent, settlement, separation
agreement or previous court order: (List the numbers of the paragraphs that you want included in the divorce order.)
There are
children of the marriage. They are:
9.
(number)
Birth date
Full legal name of child
(d, m, y)
10. The custody and access arrangements for the child(ren) are as follows:
(Give summary.)
11. These are the arrangements that have been made for the support of the child(ren) of the marriage:
(a) The income of the party paying child support is
per year.
$
(b) The number of children for whom support is supposed to be paid is
(number)
(c) The amount of support that should be paid according to the applicable table in the child support guidelines is
per month.
$
(d) The amount of child support actually being paid is
per month.
$
(NOTE: - Where the dollar amounts in clauses [c] and [d] are different, you must fill out the frame on the next
page. If the amounts in clauses [c] and [d] are the same, skip the frame and go directly to paragraph 12.)
FLR-36-E (2005/09)
Page 2 of 4
Form 36:
Affidavit for Divorce
(page 3)
Court file number
(Paragraph 11 continued.)
Fill out the information in this frame only if the amounts in paragraphs 11(c) and 11(d) are different. If they are the same,
go to paragraph 12.
a) Child support is already covered by:
i)
a court order dated
that was made before
(date)
the child support guidelines came into effect (before 1 May 1997). I attach a copy of the order.
ii)
a domestic contract order dated
that was made before
(date)
the child support guidelines came into effect (before 1 May 1997). I attach a copy of the contract.
iii)
a court order or written agreement dated
made after
(date)
the child support guidelines came into effect (before 1 May 1997). I attach a copy of the contract.
iv)
a written consent between the parties dated
agreeing to the
(date)
payment of an amount different from that set out in the guidelines.
b) The child support clauses of this order or agreement require payment of
$
per
in child support.
c) These child support clauses
are not indexed for any automatic cost-of-living increases.
are indexed according to
(Give indexing formula.)
d) These child support clauses
have not been changed since the day the order or agreement was made.
have been changed on
(Give dates and details of changes.)
e) (If you ticked off box [i] above, you can go to paragraph 12. If you ticked off boxes [ii], [iii] or [iv] above, then fill out
the information after box of the corresponding number below. For example, if you ticked off box [iii] above, you
would fill out the information alongside box [iii] below.)
ii)
The amount being paid under this agreement is a fair and reasonable arrangement for the support of the
child(ren) because:
(Give reasons.)
iii)
The order or agreement directly or indirectly benefits the child(ren) because:
(Give details or benefits.)
iv)
The amount to which the parties have consented is reasonable for the support of the child(ren) because:
(Give reasons.)
FLR-36-E (2005/09)
Page 3 of 4
Form 36:
Affidavit for Divorce
(page 4)
Court file number
12. I am claiming costs in this case. The details of this claim are as follows:
(Give details.)
13. The respondent’s address last known to me is:
(Give address.)
Put a line through any blank space left on this page.
before me at
1
municipality
in
province, state or country
Signature
on
(This form is to be signed in front of a
date
Commissioner for taking affidavits
lawyer, justice of the peace, notary public
(Type or print name below if signature is illegible.)
or commissioner for taking affidavits.)
Save Form
Print Form
Clear Form
FLR-36-E (2005/09)
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