Affidavit for Divorce Form 36

Who Needs Form 36: Affidavit for Divorce?

This form is for anyone in Ontario who is applying for a divorce through the family court system. If you’re asking the court to grant a divorce order, you’ll need to complete Form 36 to confirm the details of your case—especially if it’s an uncontested divorce (meaning both parties agree or the other person hasn’t responded).

Whether you’re working with a lawyer or handling the case yourself, this form is a key part of your divorce paperwork.

What Is Form 36: Affidavit for Divorce?

Form 36 is a sworn legal statement that confirms the facts of your divorce application. It covers important details, including:

When and where you got married,
That you’ve been separated for at least one year, or the legal reason for the divorce (like adultery or cruelty),
That there’s no chance you’ll get back together,
Information about any children of the marriage and how they’re being cared for,
Whether any other court orders are needed.

By completing Form 36, you’re telling the court that everything in your divorce application is true and that you’re asking for a divorce order.

Where Is This Affidavit Submitted?

Form 36 is filed at the Ontario Family Court as part of your divorce application. It’s usually submitted along with your Application for Divorce (Form 8A) and other required documents, like your marriage certificate and Form 35.1 (Parenting Affidavit) if you have children.

The judge will review your Form 36 when deciding whether to grant your divorce.

Why You Need a Notarized Affidavit for Divorce

Courts take divorce applications seriously, and they need clear, accurate information before making a final decision. By swearing Form 36 in front of a notary public, lawyer, or commissioner of oaths, you’re confirming that your statements are true.

Without a properly notarized affidavit, your divorce case could be delayed, or the court might ask for more documents to make sure everything is in order.

A notarized Form 36 also protects both parties by ensuring the divorce is granted based on honest, verified information.

How to Complete and Notarize Form 36

Here’s a step-by-step guide to help you fill out and file Form 36:

Enter your name and contact information at the top of the form.
Confirm your relationship details:
- The date and place of marriage,
- The date you separated,
- The reason for divorce (usually one-year separation).
Include information about children:
- Names, birthdates, and how parenting time and decision-making responsibilities are shared.
State that there’s no chance of reconciliation (getting back together).
Confirm whether you’re asking for any additional orders, like child support or spousal support.
Swear or affirm the form in front of a lawyer, notary, or commissioner of oaths.
Attach a copy of your marriage certificate and other required documents.
File the form with the family court as part of your divorce application package.

Final Note

Form 36: Affidavit for Divorce is an important part of the divorce process in Ontario. It helps the court confirm the details of your marriage, separation, and family situation, so they can grant your divorce order. By filling it out carefully and having it properly notarized, you’ll avoid delays and help the process go smoothly.