What is an Affidavit of Divorce (Form 36)?

A quick story:  Once upon a time in Richmond Hill, Ontario, there lived a couple named Emily and John. After years of struggling to find common ground, they came to the difficult decision to end their marriage. They embarked on the journey of obtaining a divorce, navigating the various types of divorces available in Ontario.

Emily and John discovered that, there are two main types of divorces: contested and uncontested. A contested divorce occurs when spouses cannot agree on significant issues, such as child custody, support, or property division. It often involves lengthy court battles, legal representation, and emotional strain.

Determined to minimize conflict, Emily and John opted for an uncontested divorce. They recognized that they could work together amicably to reach mutually agreeable solutions. This type of divorce requires open communication, compromise, and a willingness to negotiate.

They sought legal advice and engaged in mediation to assist in their decision-making process. Through respectful dialogue and the support of their lawyers, Emily and John were able to create a separation agreement that addressed child custody arrangements, child support, and the fair division of their assets.

With their agreement in place, Emily and John filed for divorce. They completed the necessary paperwork, including the Form 36 Affidavit of Divorce, which outlined their intentions and confirmed the end of their marriage.

Although the divorce process was not without its challenges, Emily and John's commitment to a peaceful resolution allowed them to move forward in their lives as separate individuals while maintaining a positive co-parenting relationship for the sake of their children.

As they finalized their divorce, Emily and John reflected on the different paths that couples could take. They realized that the nature of their divorce was a reflection of their unique circumstances and the choices they made. Their journey taught them the value of compromise, understanding, and seeking legal guidance to navigate the complexities of divorce.

In the end, Emily and John emerged from their divorce as individuals who had grown through the experience, ready to embark on new chapters in their lives, and grateful for the opportunity to move forward in a respectful and harmonious manner.

How To Complete Form 36 Affidavit of Divorce

Step 1: Obtain the form:  

Visit the Ontario Court Forms website or the website of the Ontario Superior Court of Justice to obtain the most current version of Form 36 Affidavit of Divorce.  Ensure that you have the correct form for your jurisdiction.

1.    Affirm and certify that all the information provided in the document is accurate and true, and assert that there is no possibility of reconciliation between the parties.

2.    Include all relevant details pertaining to the Marriage Certificate, such as the date and location of the marriage, as well as any specific information required by the court.

3.    Clearly state the reasons for seeking a divorce, providing a concise explanation of the grounds on which the divorce is being pursued (e.g., separation, irreconcilable differences, etc.).

4.    Outline any claims or requests related to child custody, spouse maintenance, and the division of shared assets, ensuring that all pertinent information is included.

5.    Provide the names and birthdates of any children involved in the divorce, along with a description of the agreed-upon visiting arrangements or custody schedule that has been mutually decided upon.

6.    Review the document thoroughly and strike out or draw a line through any blank spaces to ensure that no unauthorized additions or modifications can be made after the document is completed.

7.    Arrange for the document to be notarized by a qualified professional, such as a commissioner for taking affidavits or a notary public, to validate its authenticity and legal standing.

Step 2: Read instructions carefully:

Understand the requirements and ensure that you provide all the necessary information. Compile a list of all parties involved, including their full names, contact details, addresses, and the court file number associated with the divorce case.

Step 3: Personal information:

Provide your personal information, including your full legal name, address, telephone number, and email address. Include similar information for your spouse. 

Step 4: Marriage details:

Provide the details of your marriage, such as the date and location of the marriage, as well as any relevant marriage certificate information. Include the names of both spouses as they appear on the marriage certificate. 

Step 5: Grounds for divorce:

Indicate the grounds on which you are seeking a divorce. In Ontario, the most common ground is "separation for at least one year," although there may be other grounds based on your specific circumstances. Clearly state the reasons by providing a concise explanation of the grounds on which the divorce is being pursued (e.g., separation, irreconcilable differences, etc.).

Step 6: Separation details:

Provide information about the date of separation and the duration of separation prior to filing for divorce.

Step 7: Child-related information (if applicable):

If you have children from the marriage, provide their names, birthdates, and current addresses. Include details about custody, access arrangements, such as, a description of the agreed-upon visiting arrangements that has been mutually decided upon, and child support, if applicable.

Step 8: Property division (if applicable):

If you and your spouse have assets or debts to be divided, provide information about the property, including its estimated value, and indicate how you propose the assets and debts should be divided.

Step 9: Review the document thoroughly: 

Strike out or draw a line through any blank spaces to ensure that no unauthorized additions or modifications can be made after the document is completed.

Step 10: Sworn statement:

Arrange for the document to be notarized, call us to schedule your appointment.

Step 11:  Filing the form: 

Make copies of the completed form for your records and file the original form with the appropriate court. Follow the instructions provided by the court regarding the filing process, including any associated fees.

Remember, this is a general guide, and the specific requirements and procedures may vary. Always consult the official resources provided by the Ontario courts or seek legal advice to ensure that you complete the Form 36 Affidavit of Divorce correctly.