What Is Form 36, the Affidavit for Divorce in Ontario?

Updated September 2026. Form 36 is Ontario’s Affidavit for Divorce. It contains sworn or affirmed evidence for the court in an eligible divorce proceeding. The person signing must review the statements carefully; a commissioner administers the oath or affirmation and witnesses the signature. The commissioner does not decide whether the facts are true or whether the court will grant the divorce.

When is Form 36 needed?

The required stage and supporting papers differ for simple and joint divorce applications and may depend on whether a response has been filed. Ontario’s family court guide and the current Family Law Rules describe the documents. Check the current form and court instructions before signing.

Can Form 36 be commissioned online?

Ontario permits remote commissioning when the conditions in O. Reg. 431/20 are met. The participants must see, hear and communicate with one another in real time. Confirm that the receiving court accepts the proposed electronic format before booking.

Need advice about what to say in the affidavit or help preparing a divorce case? Consult a lawyer or an LSO-authorized Family Legal Services Provider acting within permitted scope. Commissioning the affidavit does not include legal advice.

Have an unsigned Form 36 ready? Explore online commissioning or arrange an in-person appointment.