Ontario Family Court form guide
Affidavit for Divorce (Form 36)
Form 36 is the Ontario court form used to give sworn or affirmed evidence supporting a divorce request. Get the current form from Ontario Court Forms, complete it carefully, and leave the signature section blank for your commissioning appointment.
Get the current Form 36 from Ontario Court Forms
The official page provides printable PDF and Microsoft Word versions. Check the version and effective date there before you begin.
What Form 36 covers
The affidavit confirms information needed for the court to consider the divorce. The current form asks about the application, marriage certificate, legal basis for divorce, reconciliation, any requested terms from an agreement or earlier order, children of the marriage, parenting and child-support arrangements, costs, and the respondent’s last known address.
This is not the form that starts a divorce case. It is part of the later divorce-document package described in Ontario’s guide to documents for divorce applications. In a joint application, each spouse completes and swears or affirms a separate Form 36.
Prepare before commissioning
- Match the court record. Copy the court name, court office address, court file number, party names, and service details exactly from your case documents.
- Review the application. Form 36 asks you to confirm that the application is correct or list changes. Have the filed application available while you complete the affidavit.
- Gather marriage information. Follow the form and Ontario’s guide for the marriage certificate. If you cannot obtain one, the form asks for an explanation and details of the marriage.
- Prepare family details. Have accurate separation dates, information about children of the marriage, parenting arrangements, income and child-support figures, and any agreement or order you refer to.
- Leave the signing area blank. Do not sign or date the affidavit until a lawyer, justice of the peace, notary public, or commissioner for taking affidavits is present and administers the oath or affirmation.
Bring these items to your appointment
- your completed, unsigned Form 36;
- valid, original government-issued photo identification;
- your application and any agreement, consent, order, or certificate referenced in the form;
- supporting figures or records used for the children and support sections; and
- any filing instructions from the court or your legal representative.
The commissioner verifies identity, administers the oath or affirmation, watches the signature, and completes the commissioning block. The commissioner does not decide whether your evidence is sufficient, calculate support, choose claims, or provide legal advice unless separately qualified and retained to do so.
After the affidavit is commissioned
Review the completed signature and commissioner sections, keep a copy, and follow the court’s current filing instructions. Ontario provides an online service for eligible family court documents, but the correct filing route depends on the court, document, and stage of your case. Read the province’s family court e-filing information before submitting anything.
If information changes before filing, do not alter a commissioned affidavit on your own. Ask the court office or your legal adviser whether you need a corrected or newly commissioned form.
Common questions
Can I use an older Form 36 saved on my computer?
Download a fresh copy from the official Ontario Court Forms page and compare its version and effective date. Do not assume a saved copy is still current.
Can the commissioner help me answer the legal questions?
Commissioning confirms the oath or affirmation and signature. For advice about the legal basis for divorce, support, parenting, property, evidence, or filing strategy, speak with a family-law lawyer or other authorized legal professional.
May Form 36 be commissioned online?
Remote commissioning may be available when Ontario’s requirements and the court’s process can be met. Confirm suitability in advance and be ready to show identification and communicate by live audio and video.
Have your unsigned Form 36 ready?
Choose a commissioning appointment and bring the completed form, your identification, and the records you used to prepare it.
Need a commissioner or notary?
Bring the unsigned document, valid identification and the receiving organization’s instructions. Eligibility for online commissioning depends on the document and recipient.
