Affidavit for divorce, Form 36, sworn in Scarborough
Ontario's Form 36 is signed in front of the person who takes your oath, never at home. This office holds both appointments the form names, notary public and commissioner for taking affidavits, and is open seven days.
The form's own note: signed before a lawyer, a justice of the peace, a notary public or a commissioner for taking affidavits.
The box at the bottom of page 4, filled in at our desk.
From $20 for the first documentWalk-ins 7 days a week1225 Kennedy Rd
When Form 36 gets sworn depends on how you file
The court has two uncontested routes, and the affidavit comes in at a different point on each. The steps and fees below are from the Ministry of the Attorney General's simple and joint divorce checklists (January 2023 versions), read on October 19, 2026.
Simple application, one spouse applies
You file alone and your spouse is served.
- File Form 8A at the Superior Court of Justice
Usually where you or your spouse lives. Three copies, plus the original marriage certificate if you have it now.
$214 + $10 registration - Someone else serves your spouse
An adult friend, a relative or a process server, never you. That person then swears Form 6B, the affidavit of service.
- Wait for the answer period
30 days after service, or 60 if your spouse lives outside Canada and the United States.
- Swear Form 36 and file it
With Form 6B, a typed draft Form 25A divorce order in three copies and two stamped business envelopes.
$445 to place it on the list for hearing - A judge reviews the file
Once the federal clearance certificate arrives, which the checklist puts at 4 to 6 weeks from filing.
Joint application, both spouses apply
You both sign Form 8A and nobody is served.
- Each of you swears a separate Form 36
One affidavit per spouse, each sworn by the person who signs it. You can both come to the same appointment.
- File everything together
Form 8A signed by both, the two affidavits, the original marriage certificate, draft Form 25A and two stamped envelopes.
$214 + $445 + $10 = $669 - A judge reviews the file
After the clearance certificate from the Central Registry of Divorce Proceedings.
- The order takes effect
31 days after the judge signs it. A certificate of divorce costs $25 from the court office.
A sworn paper, signed before a commissioner or notaryCourt step
The 13 paragraphs you swear to
This is the April 1, 2024 version of the form, the one on Ontario Court Forms. Read it through before the appointment: once you take the oath, every line is your sworn evidence.
You and the marriage
- 1You are the applicant in this case.
- 2There is no chance of reconciliation.
- 3Corrections to the application, or NONE.
- 4Where the marriage certificate stands.
The basis
- 5Separated for at least a year, and the date, or another basis.
- 6No arrangement to hide evidence or deceive the court.
- 7You know the six-year and two-year limits on property claims.
Children and support
- 8Paragraphs of an agreement or order to copy into the divorce order.
- 9Number of children, names and birth dates.
- 10Summary of parenting arrangements.
- 11Income, guideline amount and the support actually paid.
The last page
- 12Any claim for costs.
- 13Your spouse's last known address.
Paragraph 4 and the marriage certificate
Paragraph 4 has three boxes and you tick one. The court will not grant the divorce without the original certificate unless your affidavit explains why you cannot get it.
Married in Ontario
The certificate signed and sealed by the Registrar General is filed with the application or attached to the affidavit.
A lost one is replaced through ServiceOntario or the Office of the Registrar General, for a fee.
Married outside Ontario
You write the certificate's title, where and when it was issued and by whom.
If it is not in English or French, the court wants it filed with a translation by a certified translator; the notarial side of that, the translator's affidavit and certified copies of the original and the translation, is done here.
No certificate at all
You swear the date and place of the marriage and the name and title of the person who performed it.
Married outside Canada? The checklist also asks for proof that any earlier marriage ended.
Names on every form are written exactly as on the marriage certificate. If your name has changed since, both Ministry checklists say the reason goes into Form 36, so it is worth adding before you come rather than at the desk.
Form 6B, the other affidavit in a simple application
In a simple application your spouse has to be served, and the applicant is not allowed to do it. The adult who hands over the papers then swears Form 6B, saying when, where and how it was done.
That person signs it in front of a commissioner the same way you sign Form 36. If they live near Scarborough, both affidavits can be sworn here, one after the other, each by the person whose name is on it.
An affidavit can also be sworn through an interpreter when English is not the language you are comfortable swearing in; the interpreter takes their own oath first.
What happens when you swear it here
- You bring the completed form, unsigned. If you email it, we print it free.
- We check your government photo ID against the name on the form.
- You choose an oath or an affirmation. They carry the same legal weight, and the choice is yours.
- Blank space left on page 4 is crossed through, as the form instructs.
- You sign, and the commissioner completes the box with the municipality, the date, signature and stamp.
Bring with you
- Form 36, filled in, every page
- A passport or driver's licence
- The spouse who is swearing their own Form 36, in a joint application
- Any agreement or order paragraph 8 refers to
$20for the first document, $15 each for the next ones. We confirm the total before anything is signed. Clients rate the office 5.0 from 189 Google reviews.
What Ontario law lets a notary public do with a family court form
Ilya Kershtein is a notary public, not a lawyer, and a commissioner for taking affidavits. On a divorce file that means administering the oath or affirmation, witnessing the signature and making certified true copies of papers that go with it.
What the answers in the form should be, whether to apply alone or jointly, and how support or property are settled are legal questions. The Ministry's checklists point to the Law Society Referral Service, which gives a free consultation of up to 30 minutes with a lawyer; its contact details are on the last page of each checklist.
Questions people ask about Form 36
Walk in at 1225 Kennedy Rd, Monday to Friday 10:00 to 6:30, weekends 12:00 to 4:00, or book a time online.
Can I sign Form 36 at home and bring it in?
No. You sign it in front of the person taking your oath, after you swear or affirm that it is true, so leave the signature line empty until then.
In a joint divorce, do we both have to be there?
Each spouse swears their own Form 36, so each of you signs in front of the commissioner. Coming together saves a second visit.
Is a notary public allowed to take a divorce affidavit?
Yes. The form itself lists a lawyer, a justice of the peace, a notary public or a commissioner for taking affidavits.
Will you fill in the form or tell me which box to tick?
No. The answers are your evidence, and choosing them is legal advice. We swear the form you completed and can print it for you.
Fast & Reliable Notary Services
- 416-951-3301
- kershtein@gmail.com
- 1225 Kennedy Road, Scarborough, Ontario, M1P 4Y1, Suite 2000, Unit #2020
- Mon – Fri: 10:00 am – 6:30 pm
- Sat – Sun: 12:00 pm – 4:00 pm