Forms For Family Law

Please review the forms below to see where you may need to start.

You may visit Ontario Court Forms to find all the required court forms if you cannot find what you are looking for here.

Separation Forms

There are no forms required for separation. Married or unmarried spouses can separate at any time, with no intervention or order from the court.

If you and your partner have a signed separation agreement and wish to file that with the courts, you must complete a Form 26B: Affidavit for filing domestic contract or paternity agreement with court. If your contract specified child support and/or spousal support, filing your agreement with the courts will mean that those support provisions will be enforced by the Family Responsibility Office.

If you are married and want to divorce, or if you are married or common law and want to apply for some form of corollary relief, such as spousal support, child support, or division of property (for married spouses), the required forms will be found on the relevant section of this website.

Divorce Forms

How To Get A Contested Divorce

A divorce is the formal, legal termination of a marriage, granted by the Superior Court or Unified Family Court. The links below will walk you through the process of applying for a divorce when there are contested issues (property division, support, child custody and access, etc.), or responding to such an Application for divorce.

If you are seeking a divorce only (a “simple divorce”), and no other relief from the court (such as child custody or access, support, or property division), you can proceed by way of a Form 8A: Application.

Instructions for obtaining a divorce with other contested issues:

How to Get an Uncontested Divorce

An uncontested divorce is a court proceeding where the parties are mutually seeking a divorce, and have agreed on all related issues, such as support, division of property, and child custody and access. The uncontested divorce represents a simplified divorce procedure, in that court appearances are generally not required.

In order to complete a joint Application for divorce, you must complete a Form 8A: Application and a Form 36: Affidavit for Divorce.

In addition to the Application, you must file:

  • The original marriage certificate;
  • Registration of Divorce Proceedings;
  • Affidavit of Service.

Finally, you will need to complete and file the forms related to any other form of relief that you and your spouse have agreed to along with the divorce.

If your divorce application includes agreed-upon arrangements for property division, or property division as well as child and/or spousal support, you will also need to file a Form 13.1: Financial Statement.

If your divorce application includes agreed-upon arrangements for child or spousal support but not division of property, you will need to file a Form 13: Financial Statement.

If your divorce application includes agreed-upon arrangements for custody and access, you must complete and file a Form 35.1: Parenting Affidavit.

In addition to the forms outlined in the above, you may also require one or more of the following forms:

  • Marriage Certificate:
    • If you do not have your marriage certificate and you were married in Ontario, you may obtain a copy of your marriage certificate from Service Ontario. You can contact ServiceOntario by clicking here or calling 1-800-267-8097.

      If you were married in another province or territory in Canada, you can order a copy of your marriage certificate from the government of that province or territory. Marriage certificates must be in English or French; the court requires an official translated copy if your certificate is in another language.

  • Registration of Divorce Proceeding,
  • Continuing record and cumulativetable of contents,
  • Document Service:
    • Once the application is complete and has been filed with the court, it is up to the Applicant to have the Respondent formally served. A process server is the safest way to ensure timely delivery of the Application; documents cannot be served by the Applicant.

      The Family Law Rules specify how documents are to be served upon the Respondent. It is important to note that there are 19 sub-sections outlining the delivery process and strict adherence to the rules is required in order to affect document service. (See O. Reg 114/99, Family Law Rules, r. 6 for more information.)

  • Form 13: Financial Statement (Support Claims),
  • Form 13.1: Financial Statement (Property and Support Claims),
  • Form 36: Affidavit for Divorce, and
  • Form 35.1: Affidavit in support of claim for custody or access.

Child Custody Forms

The links below will guide you through the forms required for your particular child custody or access matter. Select the link which describes the process you are looking for.

Making a Claim for Custody or Access

In order to apply for custody or access, you will generally use a Form 8: Application. However, if your spouse has already started a court proceeding, for example by filing for divorce, and you wish to make your own claim for custody or access in response, you would use the Form 10: Answer. Please see the specific details provided on filling out both of these forms.

To begin a family court proceeding in Ontario, consider the following rules:

  • An Application must begin in the municipality where the children normally reside.
  • The Unified Family Courts and Ontario Superior Court of Justice may hear all family matters (including support, custody, access and property issues) and provide a divorce degree. Only these courts can provide divorce or any relief related to property. Therefore, if you are applying for child support as part of your divorce application, or if you are seeking relief related to property (such as equalization of net family property) as well as child support, you must file i:n the Superior Court or Unified Family Court.
  • The Ontario Court of Justice may resolve support, custody and access issues but cannot provide a divorce or hear property-related matters.

Responding to a Claim for Custody or Access

If you have been served with an Application for custody or access, you have 30 days to file an Answer. If you do not, the court will assume you do not contest the Application.

Generally, you would reply to the Application with a Form 10: Answer. However, if you applied for some other form of relief (for example, a divorce) and your spouse replied by claiming custody or access on a Form 10: Answer, then you must instead reply to that claim using a Form 10A: Reply.

Varying a Custody or Access Order

A variation is commenced by way of initiating a Motion to Change at the appropriate court. Typically, the court that granted the initial order will be the court that hears the motion to change; in most cases the Superior Court of Justice or Unified Family Court. For a motion to change custody of or access to a child, the process should be initiated in the municipality where the child ordinarily resides if this differs from where the moving party (person requesting the variation) normally resides.

Motion to Change with ConsentIf you and your former partner or spouse are in agreement about the custody/access changes proposed, the type of motion to be filed is a Consent Motion to Change. The appropriate forms in this case are:

If you and your former partner or spouse are in not agreement about the custody/access changes proposed, the type of motion to be filed is a Motion to Change. The appropriate forms in this case are:

To Respond to a Motion to Change, you would file

Child Support Forms

The links below will guide you through the forms required for your particular child support matter. Select the link which describes the process you are looking for.

Making a Claim for Support

In order to apply for child support, you will generally use a Form 8: Application. However, if your spouse has already started a court proceeding, for example by filing for divorce, and you wish to make your own claim for child support in response, you would use the Form 10: Answer. Please see the specific details provided on filling out both of these forms.

Whether you are applying for child support or responding to an Application for child support, you will have to fill out a Financial Statement if you or your partner are seeking anything other than the Table amount of child support. If either of you are seeking any section 7 expenses, or any an amount of support other than the Table amount, you will need to fill out a Financial Statement and file this with your Application or Answer.

To begin a family court proceeding in Ontario, consider the following rules:

  • An Application must begin in the municipality where the children normally reside.
  • The Unified Family Courts and Ontario Superior Court of Justice may hear all family matters (including support, custody, access and property issues) and provide a divorce order. Only these courts can provide divorce or any relief related to property. Therefore, if you are applying for child support as part of your divorce application, or if you are seeking relief related to property (such as equalization of net family property) as well as child support, you must file in the Superior Court or Unified Family Court.
  • The Ontario Court of Justice may resolve support, custody and access issues but cannot provide a divorce or hear property-related matters.

Respondingto a Claim for Support

If you have been served with an Application for child support, you have 30 days to file an Answer. If you do not, the court will assume you do not contest the Application.

Generally, you would reply to the Application with a Form 10: Answer. However, if you applied for some other form of relief (for example, a divorce) and your spouse replied by claiming child support on a Form 10: Answer, then you must instead reply to that claim using a Form 10A: Reply.

If you are responding to a claim for child support in which your partner only requests the Table amount of support, you do not need to file a Financial Statement. But if your partner is seeking any amount other than the Table amount, or any section 7 expenses in addition to the Table amount, you will need to complete a Financial Statement and file that along with your Answer.

Varying a Child Support Order or Agreement

If you have a court order for child support, and are the payor or the recipient spouse and are seeking to increase, reduce, or terminate child support, or if you are the recipient spouse and want to claim retroactive support, you must initiate a Motion to Change.

The same process occurs if you are paying or receiving support as part of a domestic contract that has been filed with the court, and you wish to vary the support provisions in that contract.

If you want to apply to a court to change the support provisions in a domestic contract that has not been filed with the court, you must first file that contract with the court, along with a Form 26B: Affidavit for Filing a Domestic Agreement or Paternity Contract with the Court.

Note that the process and forms specified below apply only if you are seeking to vary child support alone. If you are also seeking to vary custody and access, please see Child Custody Forms above for instructions, as different forms are required.

Motion to Change with Consent

If you and your former partner or spouse are in agreement about the support changes proposed, the type of motion to be filed is Form 15D: Consent Motion to Change Child Support.

The process for this consent motion depends on whether or not the child support order has been assigned to a social assistance agency (the Ministry of Community and Social Services) or another agency (such as Ontario Works) or municipality. If the order has been assigned, the assignee must consent to the change and sign the Form 15D. If the assignee does not consent, the parties should follow the process for a Variation without Consent. If the support order has not been assigned, a Form 15D: Consent Motion to Change Child Support is all that is required.

To determine whether your order has been assigned, fax a Confirmation of Assignment form to the Ministry of Community and Social Services (MCSS). It will then be faxed back, indicating whether the MCSS or a municipality has an interest in the order through assignment. The process will generally take a few weeks.

If an assignment is indicated, the Motion to Change on Consent should be served personally on an agent of MCSS. A Confirmation of Assignment should be filed with your form 15D. If no assignment is indicated, this form should still be included with the 15D.

Motion to Change without Consent

If you and your former partner or spouse are not in agreement about the support changes proposed, the type of motion to be filed is a Motion to Change. The appropriate forms in this case are:

When you serve the other party, you must also include:

  • A blank Form 15B: Response to Motion to Change
    A blank Form 15C: Consent to Motion to Change

Variation without Consent: Responding to a Motion to Change

If you have been served with a Form 15: Motion to Change and you contest the change, you need to complete

You have only 30 days from the date of service to file and serve your Response.

If you consent to the change, you would serve Form 15C: Consent to Motion to Change.

Forms Relating to the Family Responsibility Office (FRO)

To file a domestic contract (which includes a support order) with the court, use a Form 26B.

If you are seeking to obtain a refraining order (a request that FRO refrain from suspending your driver’s license), you need:

Spousal Support Forms

The links below will guide you through the forms required for your particular spousal support matter. Select the link which describes the process you are looking for.

Applying to or Responding to an Application for Spousal Support

If you are applying for spousal support or responding to an application for spousal support, you can follow the same process as set out in the Child Support Forms section above.

The only differences are that on your Application or Answer, under Details of the order you would like the court to make, you will want to indicate how much spousal support you are seeking, when it is to be paid, and for how long.

Under Important facts supporting your claims, you will want to detail the length and nature of your relationship. For example, was one of you a stay-at-home parent? Who was the primary caregiver for any children of the relationship? Detail any ongoing financial need and your ability to work and current income (if any), as well as your spouse’s ability to work and current income.

See:

Varying a Spousal Support Order or Agreement

A variation in spousal support is commenced by way of initiating a Motion to Change at the appropriate court. Typically, the court that granted the initial order will be the court that hears the motion to change; in most cases the Superior Court of Justice or Unified Family Court in the municipality where a party resides, where the children normally reside, or in a municipality as chosen by all parties with the permission of the court.

Variation with Consent

If you and your former partner, or spouse, are in agreement about the changes proposed, the type of motion to be filed is a Consent Motion to Change. Before you may proceed with a spousal support variation, you need to verify whether support has been “assigned” to a social services agency such as Ontario Works, a municipality, or the Ministry of Community and Social Services.

If support payments are assigned to an agency, the moving party will have to obtain the assignee’s consent for any changes and serve court documents upon the assignee.
To determine whether the order has been assigned, a Confirmation of Assignment form (006-3006) must be faxed to the Ministry of Community and Social Services (MCSS). Within a few weeks, the Ministry will reply indicating whether the support has been assigned or not. If an assignment is indicated, the Motion to Change must be served upon an agent of MCSS.

Note: If you do not serve the assignee or get the assignee’s consent to proceed with the motion, the assignee may ask to set aside any order you obtain. This can result in costs being awarded to the assignee, meaning that you would be obliged to pay the assignee’s court expenses.

The appropriate forms in this case are:

Variation without Consent

If you and your former partner, or spouse, are not in agreement about the changes proposed, the type of motion to be filed is a Motion to Change. Before commencing a spousal support variation, a Confirmation of Assignment form (006-3006) must be sent to the Ministry of Community and Social Services (MCSS) to determine whether support has been assigned to a social services agency such as the Ministry of Community and Social Services, Ontario Works or a municipality. If support payments are assigned, you will need the agency’s consent to change spousal support payment arrangements. If payments are assigned, the Motion to Change must be served upon an agent of MCSS.

Note: If you do not serve or get consent from the assignee, the agency can ask to set aside any order you obtain, this can result in costs ordered against you, requiring you to pay the assignee’s court expenses.

The appropriate forms in this case are:

Division of Property & Assets Forms

If you are applying for equalization of family property as part of your divorce proceeding, you will include this either in your Application (Form 8) for divorce, if you are the Applicant, or in your Answer (Form 10), if the other party has initiated divorce proceedings, but you want to add a claim for property equalization. You will also be required to complete a Form 13.1: Financial Statement.

For more information on filling out these forms, please see the Divorce section above.

If you are applying to have property equalized and are not also pursuing a divorce at this time, you will use the same forms, and can follow the same instructions in the Divorce section above. You will simply omit any information specific to parties seeking a divorce.

Note that only the Unified Family Courts or Superior Court of Justice has jurisdiction to hear your property matter, regardless of whether or not you are applying for equalization as part of a divorce proceeding, or separately. You cannot file your equalization claim in the Ontario Court of Justice.

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