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Form 36 Divorce

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Form 36: Affidavit for Divorce

ONTARIO

(Name of court)

at

Court File Number

Form 36:
Affidavit for Divorce

Applicant(s)

Respondent(s)

My name is I live in and I swear/affirm that the following is true:

1. I am the applicant in this divorce case.

2. There is no chance of a reconciliation between the respondent and me.

3. All the information in the application in this case is correct, except:

4. The certificate or registration of my marriage to the respondent has been signed and sealed by the Registrar General of Ontario and:

has been filed with the application.

is attached to this affidavit.

The certificate of my marriage to the respondent was issued outside Ontario. It is called

It was issued at

on

by

and the information in it about my marriage is correct.

I have not been able to get a certificate or registration of my marriage. I was married to the respondent on

at

The marriage was performed by who had the authority to perform marriages in that place.

Continued on next sheet

Form 36: Affidavit for Divorce (page 2)

5. The legal basis for the divorce is:

that the respondent and I have been separated for at least one year.

We separated on

Other (Specify.)

6. I do not know about and I am not involved in any arrangement to make up or to hide evidence or to deceive the court in this divorce case.

Strike out the following paragraphs if they do not apply.

7. I do not want to make a claim for a division of property in this divorce case, even though I know that it may be legally impossible to make such a claim after the divorce.

8. I want the divorce order to include the following paragraph numbers of the attached consent, settlement, separation agreement or previous court order:

9. There are children of the marriage. They are:

Full legal name of child Birth date (d, m, y)

10. The custody and access arrangements for the child(ren) are as follows:

11. These are the arrangements that have been made for the support of the child(ren) of the marriage:

(a) The income of the party paying child support is $ per year.

(b) The number of children for whom support is supposed to be paid is

(c) The amount of support that should be paid according to the applicable table in the child support guidelines is $ per month.

(d) The amount of child support actually being paid is $ per month.

Continued on next sheet

Form 36: Affidavit for Divorce (page 3)

(Paragraph 11 continued.) Fill out the information in this frame only if the amounts in paragraphs 11(c) and 11(d) are different.

a) Child support is already covered by:

(i) a court order dated that was made before the child support guidelines came into effect (before 1 May 1997). I attach a copy of the order.

(ii) a domestic contract order dated that was made before the child support guidelines came into effect (before 1 May 1997). I attach a copy of the contract.

(iii) a court order or written agreement dated made after the guidelines came into effect that has some direct or indirect benefits for the child(ren). I attach a copy.

(iv) a written consent between the parties dated agreeing to the payment of an amount different from that set out in the guidelines.

b) The child support clauses of this order or agreement require payment of $ per in child support.

c) These child support clauses

are not indexed for any automatic cost-of-living increases.

are indexed according to

d) These child support clauses

have not been changed since the day the order or agreement was made.

have been changed on

e)

(ii) The amount being paid under this agreement is a fair and reasonable arrangement for the support of the child(ren) because:

(iii) The order or agreement directly or indirectly benefits the child(ren) because:

(iv) The amount to which the parties have consented is reasonable for the support of the child(ren) because:

Continued on next sheet

Form 36: Affidavit for Divorce (page 4)

12. I am claiming costs in this case. The details of this claim are as follows:

13. The respondent’s address last known to me is:

Put a line through any blank space left on this page.

Sworn/Affirmed before me at

in

on

Commissioner for taking affidavits

(Type or print name below if signature is illegible.)

Signature

(This form is to be signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits.)

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What Form 36 Divorce is and when it’s used

Form 36 Divorce is a court-facing family law document used to record settlement terms, parenting arrangements, support obligations, and property division proposed or agreed to by parties in a divorce proceeding. The exact title, fields, and procedural role of a "Form 36" vary by jurisdiction; some courts use numbered form sets while others use different labels. Because family law outcomes often require court approval or a signed decree, parties should confirm local court rules about original signatures, notarization, and whether a scanned or electronic copy satisfies filing requirements under state statute or local practice.

Why a clear, compliant Form 36 matters

A complete, well‑structured Form 36 reduces ambiguity, speeds court review, and helps avoid disputes about asset splits, custody, and support; accuracy also minimizes amendment requests and procedural delays.

Why a clear, compliant Form 36 matters

Who typically prepares, reviews, and receives Form 36

Common participants include the divorcing parties and their attorneys, court clerks, and mediators; understanding each role clarifies routing and signature needs.

  • Petitioner and respondent — sign and approve settlement terms, provide identifying details and financial disclosures.
  • Family law attorneys — draft, review legal language, and confirm compliance with state court rules and local practice.
  • Court clerk / judge — receives the form for filing, docketing, and potential incorporation into final decree.

Because local courts vary, verify whether the court requires originals, notarized signatures, or in‑person filing before finalizing the form.

Representative user profiles

Petitioner — Individual

A person initiating divorce proceedings who enters factual data, financial disclosures, and signatory consent. Accuracy in names, dates, and asset listings is essential to avoid delays or challenges later in the case.

Family Law Attorney

A licensed practitioner who prepares or reviews Form 36, confirms statutory compliance, and advises on service, notarization, and whether the court requires original signatures or in‑court approval.

Core components of a professional Form 36 Divorce

A professionally prepared Form 36 clearly separates personal data, financial disclosures, custody terms, support calculations, and signature blocks so courts and parties can review each element independently.

Party Details

Full legal names, addresses, dates of birth, and case number when available. Accurate identifiers prevent processing errors and ensure enforcement documents match other court records.

Jurisdiction and Case Info

County and court name plus filing or case number. The governing court determines procedural requirements for filing, service, and approval of settlement terms.

Asset & Debt Schedule

Detailed listing of marital and separate assets and liabilities with values and allocation proposals, enabling the court to evaluate fairness and tax consequences.

Parenting & Custody Plan

Visitation schedule, decision‑making responsibilities, and holiday/time‑sharing specifics; attach a separate parenting plan if the court prefers.

Support Calculations

Child and spousal support amounts, payment frequency, and modification triggers. Cite the statutory basis or worksheet if required by local rules.

Signatures & Authentication

Signature blocks for parties, attorney acknowledgment, and any notary or witness lines required by the court; indicate whether electronic or original signatures are accepted.

Step-by-step: preparing and filing Form 36

Follow these core steps in sequence to complete Form 36 and understand what the court will expect during filing.

  • 01
    Draft the form: Complete party fields, asset schedules, and support calculations accurately.
  • 02
    Attach exhibits: Include financial affidavits, parenting plans, and property schedules as required.
  • 03
    Obtain signatures: Secure signatures, notarizations, or witnesses per state and local court rules.
  • 04
    File with court: Submit the form through the clerk's office or the court e‑filing portal if permitted.

Typical routing: from draft to judicial review

A predictable routing process reduces back‑and‑forth and clarifies when signed copies are needed for the record.

  • Preparation: Attorney or party drafts form and prepares supporting exhibits for review.
  • Review & Signatures: Parties and attorneys review, sign, and notarize if required by the court.
  • Filing: File via court e‑filing portal or deliver original to the clerk, per local rules.
  • Judicial Action: Judge reviews terms; a judge may approve, request changes, or hold a hearing.

How to configure an online Form 36 workflow

Configure fields, signer order, authentication, and document delivery to match court and party requirements.

Field Configuration
Signature field Assign to each party; require date stamp
Notary block Mark as conditional for RON or in‑person notarization
Authentication Email + SMS code or ID verification depending on court needs
Delivery Automated copies to parties and retained audit trail

Digital signing considerations and platform features

Choose eSignature features that match legal requirements: document formats, audit trails, and signer authentication strength.

  • Supported formats: PDF and DOCX are standard for court documents
  • Authentication: Email, SMS, or ID verification options
  • Audit trail: Time‑stamped logs to support attribution

Ensure the chosen platform can produce a tamper‑evident PDF and a detailed audit trail acceptable to courts and opposing counsel.

Comparing eSignature vendors for Form 36 workflows

Vendor pricing and feature availability vary; the table summarizes starting price and core capabilities relevant to legal document preparation and secure signing.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/yr Varies Varies Varies

Common mistakes to avoid when preparing Form 36

  • Incomplete financial disclosures that omit joint accounts or retirement assets, creating downstream disputes and potential court-ordered supplementation.
  • Mismatched names or dates across attachments and the form, causing clerk rejection or identity verification questions.
  • Using initials instead of full signatures where the court requires an original signature or notarized acknowledgement.
  • Submitting an unsigned or improperly witnessed document; some courts require notarization or witness lines for certain acknowledgements.

Risks and consequences of incorrect or incomplete filing

Filing Rejection: Delay or return of the submission
Enforcement Issues: Difficulty enforcing orders later
Sanctions: Possible court sanctions or fee awards
Tax Consequences: Misreported asset division affects tax liability
Support Errors: Incorrect support orders require modification
Privacy Exposure: Inadequate redaction may expose sensitive data

Illustrative scenarios using Form 36

Two concise scenarios show typical uses of the form and practical outcomes when completed correctly.

Amicable Settlement

A divorcing couple uses Form 36 to set a parenting schedule and divide bank accounts.

  • The court accepts the signed settlement and incorporates it into the final decree.
  • Because they provided complete disclosures and notarized signatures where required, the clerk docketed the agreement without amendment and saved weeks of back-and-forth.

Contested Financial Terms

One party submits Form 36 with incomplete asset details, triggering a judge's request for supplemental affidavits.

  • The missing entries delayed finalization and required a follow-up hearing.
  • Full financial disclosure and precise signatures would have avoided the delay and reduced litigation costs.

Practical tips for accurate, efficient completion

Apply these practices to reduce rework, uphold evidentiary value, and align with court expectations.

Use consistent legal names
Always enter names exactly as shown on government‑issued ID and use the same spelling on all attachments to prevent identity verification and processing errors.
Attach complete exhibits
Include current financial statements, property deeds, and parenting plans as exhibits rather than embedding lengthy schedules in marginal notes.
Follow local court rules
Confirm whether the court requires original signatures, specific notary wording, witness counts, or certified copies before filing to avoid rejection.
Preserve audit trails
If using eSignature, retain the provider's detailed audit log and tamper-evident PDF to demonstrate signer attribution and execution events for the record.

Key milestones from agreement to final decree

A sequential milestone view highlights when parties should act to keep the case moving toward finalization.

01

Draft Completion

All fields and exhibits prepared and reviewed by counsel.

02

Execution

Parties sign, date, and notarize where required.

03

Filing with Court

Submit signed form to clerk or e‑file per local rules.

04

Judicial Entry

Judge reviews and signs order incorporating the agreement.

Typical timing considerations and response windows

Deadlines and response periods differ by state and court; treat the list below as common timing references rather than universal rules.

Response period:

Often 20–30 days to contest or respond; varies by state

Temporary relief requests:

File motions early for custody or support pending final hearing

Supplemental disclosure:

Courts commonly require updated financials within 30 days of hearing

Hearing scheduling:

Scheduling can take weeks to months depending on docket

Entry of final decree:

Occurs after judicial review, sometimes at or after hearing

Sensitive data elements commonly found on Form 36

Personal Identifiers: Names, DOBs, SSNs
Banking Details: Account numbers, routing info
Health Information: PHI if medically relevant
Financial Statements: Income, assets, liabilities
Parenting Details: Child schedules and addresses
Attorney Notes: Privileged strategy content

Frequently asked questions about Form 36 and digital signatures

Answers to common questions about eSigning, notarization, correctness, and steps to correct errors when preparing Form 36.


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