Ontario Family Court Form
✓ Can be done online by video

Form 36: Affidavit for Divorce

Applying for an uncontested divorce in Ontario? Form 36 is the sworn evidence the court relies on. Bring it to any Canada Notary office and we’ll commission it, exhibits included.

Form
Form 36 (Family Law Rules)
Used in
Simple and joint divorces
Signed before
Commissioner for Taking Affidavits
Exhibits
Marked and signed by us

What is Form 36?

Form 36 is the affidavit filed to get a divorce order without a hearing. It confirms your marriage details and that you’ve been separated for at least one year. It also confirms there is no collusion and sets out your arrangements for any children and child support. It ends with the terms you’re asking the court to include in the order.

It must be sworn or affirmed before a commissioner for taking affidavits. Any documents attached, such as your marriage certificate, are marked as exhibits by the commissioner.

Who needs it

  • Spouses filing a simple (uncontested) divorce
  • Couples filing a joint divorce application
  • Self-represented applicants completing their court package

Download the current Form 36 from Ontario Court Forms. The court’s simple divorce checklist helps make sure your package is complete.

Get Form 36

How it works

Complete the affidavit

Fill in Form 36 and gather your exhibits, such as the marriage certificate. Leave the signature blank.

Swear it with us

We check your ID, you swear or affirm and sign, and we commission the affidavit and mark each exhibit.

File with the court

File it with the rest of your divorce package at the family court, as instructed.

What to bring

  • Form 36, completed and unsigned
  • Your marriage certificate and any other exhibits
  • Valid government photo ID

Avoid these common mistakes

  • Using an outdated version of Form 36. Download it fresh from Ontario Court Forms.
  • Attaching exhibits without having them marked by the commissioner.
  • Signing before the appointment.
  • Leaving the child support section incomplete if you have children.

Frequently asked questions

Can you prepare my divorce documents?

No, we don’t draft family law documents. For help with your divorce papers, we recommend Avion Law. They offer unbundled family law services at reasonable rates. Once your forms are ready, we can commission them online or in person.

Do exhibits cost extra?

Exhibits are commissioned per exhibit. See our fee calculator or ask at the office.

Can you give me legal advice?

We don’t draft family law documents or give legal advice. If you need help preparing your divorce papers, we recommend Avion Law, a family law firm with professional, reasonable rates and unbundled services, so you only pay for the help you need.

Do both spouses need to swear it?

In a simple divorce, the applicant swears it. In a joint divorce, both spouses may need to provide affidavits, so check the court’s checklist for your package.

Can it be commissioned by video?

Ontario allows remote commissioning by live video. Contact us to set it up.

This page is general information, not legal advice. Canada Notary is not affiliated with the Government of Canada or the Government of Ontario. Requirements change, so always use the latest version of the form from the official source and confirm with the court. Last reviewed October 2026.

Get your Form 36 commissioned

Walk in or book at any of our Ontario offices. Bring the form unsigned and your photo ID, and we’ll take care of the rest. See our fee calculator for pricing.

Need an Apostille or Document Authentication?

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