Form 26B Affidavit for Domestic Contract or Paternity Agreement

Who Needs Form 26B: Affidavit for Filing a Domestic Contract or Paternity Agreement?

This form is for anyone looking to officially file a domestic contract or paternity agreement with the court in Ontario. If you've signed a separation agreement, marriage contract, cohabitation agreement, or paternity agreement and want it recognised by the court, this affidavit is required. It’s commonly used in family law when parties want to ensure their private agreement carries legal weight during future legal proceedings.

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What Is Form 26B: Affidavit for Filing a Domestic Contract or Paternity Agreement?

Form 26B is a sworn affidavit that confirms a legal domestic contract or paternity agreement was signed properly and voluntarily by both parties. By submitting it, you’re asking the court to accept and register that agreement as part of its official file. This makes it easier to enforce or refer to the agreement during hearings involving custody, support, property, or other family law matters.

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Where Is This Affidavit Submitted?

Once notarized, the form is submitted to the Ontario family court where your matter is or may be heard. It’s usually filed along with the contract or agreement you’re referencing, and it becomes part of the court’s official record. This allows judges and court staff to view it as a binding document during future proceedings—without needing to renegotiate or explain its terms again.

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Why You Need a Notarized Affidavit for Filing These Agreements

Courts require proof that the agreement was signed properly and without pressure. A notarized affidavit shows the court that the contract wasn’t just a verbal promise—it was reviewed, signed, and understood by both parties. Filing this form ensures the court can enforce the agreement, which can save time, reduce disputes, and protect your legal rights if issues come up later.

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How to Complete and Notarize Form 26B

1. Enter your full name, address, and relationship to the other party.
   Identify whether the agreement is a domestic contract (e.g. marriage, separation, cohabitation) or a paternity agreement.
2. Confirm that the agreement was signed voluntarily and with informed consent.
   State that both parties understood the terms and weren’t under pressure or misled.
3. Attach a signed copy of the agreement as an exhibit.
   Label the agreement clearly (e.g., “Exhibit A”) and make sure it’s signed and dated by both parties.
4. Do not sign the affidavit until you're in front of a notary public or commissioner of oaths.
   Bring valid photo ID and the agreement for verification.
5. Once notarized, file the affidavit and agreement with the court.
   This officially registers your agreement in the court record and makes it enforceable.

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Final Note

Form 26B: Affidavit for Filing a Domestic Contract or Paternity Agreement is an important legal step for families who want their private agreements to be legally recognized. It must be signed in front of a notary public or commissioner of oaths to be valid. Filing this form helps protect everyone involved—and ensures the court can uphold your agreement if needed in the future.

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