Who Needs Form 23C: Affidavit for Uncontested Trial?
This form is for individuals involved in a family law case—such as divorce, custody, or support—where both sides agree on all major issues. If your matter won’t go to trial because it’s uncontested, this affidavit is how you officially tell the court that everything’s been settled. It’s usually completed by the person bringing the application (the applicant), but can also be used in joint divorce cases.
What Is Form 23C: Affidavit for Uncontested Trial?
Form 23C is a sworn statement used in Ontario family court proceedings to support a request for an uncontested trial. It outlines the facts of the case, confirms that the other party has been served and hasn’t filed an answer (or is cooperating), and affirms that the case is ready to proceed without further dispute. It’s part of the process to finalise orders like divorce, custody arrangements, or spousal/child support without the need to appear in court.
Where Is This Affidavit Submitted?
Once completed and sworn in front of a notary public or commissioner of oaths, the affidavit is submitted to the family court handling your case—alongside other required documents like your application, financial statements, and proposed order. It may be filed in person or electronically depending on your local court’s procedures.
Why You Need a Notarized Affidavit for Uncontested Trial
Courts require a sworn affidavit to verify that your uncontested case is genuine and procedurally complete. This includes confirming the other party’s lack of objection or participation, that all service rules were followed, and that the facts support the order you’re requesting. A notary or commissioner of oaths is needed to make the affidavit legally valid, ensuring your uncontested trial can move forward smoothly—without delay or rejection.
How to Complete and Notarize Form 23C
- Fill out the form with your name, court details, and case background.
Include facts like when and how the other party was served, and the relief you’re asking the court to grant. - Clearly state that the other party hasn’t filed an answer or is not opposing.
This lets the court know the case can proceed without arguments or hearings. - Attach any relevant exhibits.
For example: proof of service, agreements between parties, or prior court documents. - Do not sign the affidavit until you’re in front of a notary public or commissioner of oaths.
Bring valid photo ID to confirm your identity. - Once sworn and sealed, file the affidavit with your other uncontested trial materials.
Keep a copy for your records.
Final Note
Form 23C: Affidavit for Uncontested Trial is your official statement to the court confirming that everything is in order for your family law case to proceed without opposition. To be accepted, it must be sworn in front of a notary or commissioner and submitted as part of your court filings. It’s a key step in getting legal matters like divorce or child support resolved more efficiently—without waiting for a court date.
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