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This version of the form is not currently in use and is provided for reference only. Download this version of
Form 36
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Form 36 Affidavit for Divorce - Ontario, Canada
What Is Form 36?
Form 36, Affidavit for Divorce , is a formal document Ontario residents fill out when applying for a divorce together with their partners. Each spouse needs to prepare their own affidavit to share truthful information about the breakdown of their marriage, outline the decisions they have negotiated in relation to the child support, custody, and visitation, and provide a description of their marriage certificate or title of the certificate. Without a properly drafted Form 36, your divorce process cannot move forward.
This form was released by the Ontario Court Services on September 1, 2005 , with all previous editions obsolete. Download a fillable Form 36 Affidavit for Divorce via the link below.
How to Fill Out Form 36?
Follow these steps to prepare an Affidavit for Divorce:
- Select the name of the court, enter its address, and indicate the court file number. Write down the names and contact details of the applicant and respondent, as well as their lawyers.
- State your name and physical address. Certify you are applying for a divorce, there is no chance you and your spouse will reconcile, and all the statements in the application are correct - if there are changes, record them in the available space.
- Provide information about your marriage certificate - you can file it with the affidavit. Alternatively, record the date and place of issuance and the name and title of the individual who issued this document, if you obtained it outside Ontario. In case you have not been able to get a certificate of marriage, enter your date and place of marriage and name the person who had the authority to perform the marriage.
- Indicate the legal basis for the divorce - you and the respondent have been separated for at least one year. Specify the date of separation and other reasons that led to the divorce if you like.
- If you might want to claim for a property division after the divorce or do not want to include court orders and separation agreements in the divorce order, strike out the sentences that do not apply to you.
- List the names and birth dates of your children and describe the arrangements you and your spouse have made regarding the custody and financial support.
- If you are claiming costs in the case, provide details on them.
- State the last known address of the respondent.
- If there is still blank space on the last page of the form once you have completed the affidavit, put a line through it.
- Sign the document in the presence of the commissioner for taking affidavits, notary public, lawyer, or justice of the peace.
Download Form 36 Affidavit for Divorce - Ontario, Canada
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