Purpose of the Form
Form 36 (Affidavit for Divorce) is a sworn statement completed by the applicant requesting that the Ontario Superior Court of Justice grant a divorce. The affidavit confirms that the information contained in the divorce application is accurate, that the legal requirements for a divorce have been met, and, where applicable, that appropriate arrangements have been made for any children of the marriage.
Important: This document is an affidavit and must not be signed until you are in the presence of a lawyer, notary public, commissioner for taking affidavits, or justice of the peace.
Court Information
Complete the Court File Number, the name of the court, and the court office location exactly as they appear on your Divorce Application.
Applicant and Respondent Information
Enter the following information for both parties:
- Full legal name
- Address for service
- Telephone number
- Email address (if applicable)
If either party is represented by a lawyer, include the lawyer’s contact information.
Introduction
Enter your full legal name and the municipality and province where you currently reside.
Paragraph 3 – Corrections or Changes
Carefully review your Divorce Application.
- If all of the information remains correct, write “NONE.”
- If any information has changed (such as an address, dates, or other details), clearly explain the corrections or updates.
Paragraph 4 – Marriage Information
Select the option that applies to your situation:
- Your Ontario Marriage Certificate or Marriage Registration has already been filed with the court.
- You are attaching your Marriage Certificate to this affidavit.
- You were married outside Ontario—in this case, provide the requested details from your Marriage Certificate.
- You cannot obtain a Marriage Certificate—in this case, provide the date and place of marriage and the name and title of the person who performed the marriage ceremony.
Paragraph 5 – Grounds for Divorce
Select the legal basis for your divorce.
Most applicants rely on:
- The parties have lived separate and apart for at least one year.
Enter the exact date of separation.
If your divorce is based on another legal ground, provide the required details.
Paragraph 8 – Existing Agreements or Court Orders
If you wish to have specific paragraphs from a Separation Agreement, Consent, Settlement Agreement, or previous Court Order incorporated into the Divorce Order, list those paragraph numbers.
If this does not apply, write “NONE.”
Paragraph 9 – Children of the Marriage
If there are no children of the marriage, write “NONE.”
If there are children, provide:
- Full legal name
- Date of birth
Paragraph 10 – Parenting Arrangements
Briefly summarize the parenting arrangements, including where the children live and how parenting time and decision-making responsibilities are shared.
Paragraph 11 – Child Support
Complete this section only if there are children of the marriage.
Paragraph 12 – Costs
If you are asking the court to order the respondent to pay your court costs, provide the details of your claim.
If you are not requesting costs, you may write “NONE.”
Paragraph 13 – Respondent’s Address
Provide the respondent’s most recent known address.
Signing the Affidavit
Do not sign Form 36 until you are in the presence of a lawyer or Notary Public
Once you have completed the affidavit, you are welcome to visit our office at 1033 Wyandotte Street West Windsor, Ontario to have your signature commissioned and notarized.
If you are unsure how to complete the form, our licensed paralegal, authorized to provide legal services for uncontested divorce matters in Ontario, is available to assist you.
For assistance or to schedule an appointment, please contact us:
Email: info@notaryinwindsor.ca
Telephone: 226-975-7348
We are committed to making the divorce process as straightforward and stress-free as possible and are happy to answer your questions.