Content Overview
The Ontario Divorce 8A form is a critical document utilized in the divorce process within Ontario's legal framework. This form is primarily designed for individuals seeking a divorce, whether as a sole applicant or as part of a joint application. It requires detailed information about the applicants, including their full legal names, addresses, and contact information. The form also necessitates the inclusion of the respondent's details, ensuring that all parties involved are clearly identified. Key components of the form include the applicant's claims for divorce, which may be straightforward or may involve additional requests such as spousal support or property division. The form outlines the timeline for responding to the application, emphasizing the importance of timely action for respondents who wish to contest any claims. Additionally, it provides instructions for filing financial statements if support or property claims are involved. The form also addresses the necessity of legal advice, particularly for those who may require assistance navigating the complexities of family law. Overall, the Ontario Divorce 8A form serves as a foundational tool for initiating divorce proceedings, ensuring that all necessary information is collected and presented to the court efficiently.
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FLR 8A (April 1, 2024)
Page 1 of 6
ONTARIO
[SEAL]
Court File Number
(Name of court)
Form 8A: Application
(Divorce)
at
Court office address
Simple (divorce only)
Joint
Applicant(s)
Applicant(s) Lawyer
Full legal name:
Name:
Address:
Address:
Phone & fax:
Phone & fax:
Email:
Email:
Respondent(s)
Respondent(s) Lawyer
Full legal name:
Name:
Address:
Address:
Phone & fax:
Phone & fax:
Email:
Email:
IN THIS CASE, THE APPLICANT IS CLAIMING DIVORCE ONLY.
TO THE RESPONDENT(S): A COURT CASE FOR DIVORCE HAS BEEN STARTED AGAINST YOU IN THIS COURT.
THE DETAILS ARE SET OUT ON THE ATTACHED PAGES.
THIS CASE IS ON THE STANDARD TRACK OF THE CASE MANAGEMENT SYSTEM. No court date has been set
for this case but, if you have been served with a notice of motion, it has a court date and you or your lawyer should
come to court for the motion. A case management judge will not be assigned until one of the parties asks the clerk of
the court to schedule a case conference or until a motion is scheduled, whichever comes first.
IF, AFTER 365 DAYS, THE CASE HAS NOT BEEN SCHEDULED FOR TRIAL, the clerk of the court will send out a
warning that the case will be dismissed within 60 days unless the parties file proof that the case has been settled or one
of the parties asks for a case or a settlement conference.
IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an Answer (Form 10 – a
blank copy should be attached), serve a copy on the applicant and file a copy in the court office with an Affidavit of
Service (Form 6B). YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF THIS
APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE AN
ANSWER. IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN ORDER
AND ENFORCE IT AGAINST YOU.
IF YOU WANT TO MAKE A CLAIM OF YOUR OWN, you or your lawyer must fill out the claim portion in the Answer,
serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service.
·
If you want to make a claim for support but do not want to make a claim for property or exclusive possession of the
matrimonial home and its contents, you MUST fill out a Financial Statement (Form 13), serve a copy on the
applicant(s) and file a copy in the court office.
·
However, if your only claim for support is for child support in the table amount specified under the Child Support
Guidelines, you do not need to fill out, serve or file a Financial Statement.
·
If you want to make a claim for property or exclusive possession of the matrimonial home and its contents, whether
or not it includes a claim for support, you MUST fill out a Financial Statement (Form 13.1, not Form 13), serve a copy
on the applicant(s), and file a copy in the court office.
YOU SHOULD GET LEGAL ADVICE ABOUT THIS CASE RIGHT AWAY. If you cannot afford a lawyer, you may be
able to get help from your local Legal Aid Ontario office. (Go to www.legalaid.on.ca/.)
FLR 8A (April 1, 2024)
Page 2 of 6
Form 8A:
Application (Divorce)
(page 2)
Court File Number
THIS CASE IS A JOINT APPLICATION FOR DIVORCE. THE DETAILS ARE SET OUT ON THE ATTACHED
PAGES. The application and affidavits in support of the application will be presented to a judge when the materials
have been checked for completeness.
If you are requesting anything other than a simple divorce, such as support or property or exclusive possession of
the matrimonial home and its contents, then refer to page 1 for instructions regarding the Financial Statement you
should file.
Date of issue
Clerk of the court
FLR 8A (April 1, 2024)
Page 3 of 6
Form 8A:
Application (Divorce)
(page 3)
Court file number
FAMILY HISTORY
APPLICANT:
Age:
Birthdate: (d, m, y)
Resident in (municipality & province)
First name on the day before the marriage date:
Last name on the day before the marriage date:
Gender on the day before the marriage date:
Male
Female
Another gender
Divorced before?
No
Yes (Place and date of previous divorce)
Habitually resident in the province of Ontario for at least one year
immediately before this application was filed?
No
Yes
RESPONDENT/JOINT APPLICANT:
Age:
Birthdate: (d, m, y)
Resident in (municipality & province)
First name on the day before the marriage date:
Last name on the day before the marriage date:
Gender on the day before the marriage date:
Male
Female
Another gender
Gender information not available
Divorced before?
No
Yes (Place and date of previous divorce)
Habitually resident in the province of Ontario for at least one year
immediately before this application was filed?
No
Yes
RELATIONSHIP DATES:
Married on (date)
Started living together on (date)
Separated on (date)
Never lived together
THE CHILD(REN)
List all children involved in this case, even if no claim is made for these children.
Full legal name
Age
Birthdate
(d,m,y)
Resident in
(municipality & province)
Now Living With
(name of person and relationship to
child)
PREVIOUS CASES OR AGREEMENTS
Have the parties or the children been in a court case before?
No
Yes
Have the parties made a written agreement dealing with any matter involved in this case?
No
Yes (Give date of agreement. Indicate which of its terms are in dispute. Attach an additional page if you
need more space.)
FLR 8A (April 1, 2024)
Page 4 of 6
Form 8A:
Application (Divorce)
(page 4)
Court file number
Has a Notice of Calculation and/or a Notice of Recalculation been issued by the online Child Support Service in this case?
No
Yes (Give date(s) of Notice(s) of Calculation or Recalculation.)
If yes, are you asking the court to make an order for child support that is different from the amount set out in the
Notice?
No
Yes (Provide an explanation.)
CLAIMS
USE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE
WE JOINTLY ASK THE COURT FOR THE FOLLOWING:
Claims under the Divorce Act
Claims under the Family Law Act or
Children’s Law Reform Act
Claims relating to property
00
a divorce
10
spousal support
20
equalization of net family
properties
01
spousal support
11
support for child(ren) –
table amount
02
support for child(ren) –
table amount
21
exclusive possession of
matrimonial home
12
support for child(ren) –
other than table amount
03
support for child(ren) –
22
exclusive possession of
contents of matrimonial
home
other than table amount
13
decision-making responsibility for
04
decision-making responsibility
children
for child(ren)
14
parenting time with child(ren)
05
parenting time with child(ren)
15
restraining/non-harassment order
23
freezing assets
16
indexing spousal support
24
sale of family property
17
declaration of parentage
18
guardianship over child’s property
Other claims
30
costs
31
annulment of marriage
32
prejudgment interest
50
Other (Specify)
USE THIS FRAME ONLY IF THE APPLICANT’S ONLY CLAIM IN THIS CASE IS FOR DIVORCE.
I ASK THE COURT FOR:
(Check if applicable.)
00
a divorce
30
costs
IMPORTANT FACTS SUPPORTING THE CLAIM FOR DIVORCE
Separation: The spouses have lived separate and apart since (date)
and
have not lived together again since that date in an unsuccessful attempt to reconcile.
have lived together again during the following periods(s) in an unsuccessful attempt to reconcile: (Give dates.)
Adultery: (Name of spouse)
has committed adultery.
(Give details. It is not necessary to name any other person involved but if you do name the other person, then you must serve
this application on the other person.)
FLR 8A (April 1, 2024)
Page 5 of 6
Form 8A:
Application (Divorce)
(page 5)
Court File Number
Cruelty: (Name of spouse)
has treated (name of
spouse)
with physical or mental cruelty of such a kind as to
make continued cohabitation intolerable. (Give details.)
USE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE.
The details of the other order(s) that we jointly ask the court to make are as follows: (Include any amounts of support and
the names of the children for whom support, decision-making responsibility, parenting time or contact is to be ordered.)
IMPORTANT FACTS SUPPORTING OUR CLAIM(S)
(Set out the facts that form the legal basis for your claim(s). Attach an additional page if you need more space.)
APPLICANT’S CERTIFICATE
(Your lawyer, if you are represented, must complete the Lawyer’s Certificate below.)
Sections 7.1 to 7.5 of the Divorce Act and section 33.1 of the Children’s Law Reform Act require you and the other party
to:
Exercise your decision-making responsibility, parenting time, or contact with a child in a manner that is
consistent with the child’s best interests;
Protect the child from conflict arising from this case, to the best of your ability;
Try to resolve your family law issues by using out-of-court dispute resolution options, if it is appropriate in your
case (for more information on dispute resolution options available to you, including court-connected mediation,
you can visit the Ministry of the Attorney General’s website or www.stepstojustice.ca);
Provide complete, accurate, and up-to-date information in this case; and
Comply with any orders made in this case.
We/I certify that we are/I am aware of these duties under the Divorce Act and the Children’s Law Reform Act.
Complete this section if your only claim is for a divorce. Your lawyer, if you are represented, must complete the Lawyer’s Certificate below.
Date of signature
Signature of applicant
Complete this section if you are making a joint application for divorce.
Date of signature
Signature of joint applicant
Date of signature
Signature of joint applicant
FLR 8A (April 1, 2024)
Page 6 of 6
Form 8A:
Application (Divorce)
(page 6)
Court File Number
LAWYER’S CERTIFICATE
My name is:
and I am the applicant’s lawyer in this case. I certify that I have complied with the requirements of section 7.7 of the Divorce
Act and section 33.2 of the Children’s Law Reform Act regarding reconciliation and the duty to discuss and inform.
Date
Lawyer’s signature
My name is:
and I am the applicant’s lawyer in this case. I certify that I have complied with the requirements of section 7.7 of the
Divorce Act and section 33.2 of the Children’s Law Reform Act regarding reconciliation and the duty to discuss and
inform.
Date
Lawyer’s signature
Form Specifications
| Fact Name | Details |
|---|---|
| Form Title | Form 8A: Application (Divorce) Simple |
| Governing Law | Divorce Act and Family Law Act of Ontario |
| Purpose | This form is used to apply for a divorce only. |
| Joint Application | The form can be used for a joint application for divorce. |
| Time Limits | Respondents have 30 days to file an Answer; 60 days if served outside Canada or the U.S. |
| Financial Statements | Required if making claims for support or property, except for certain child support claims. |
| Case Management | The case will follow the standard track of the case management system. |
| Warning Notice | If no trial is scheduled in 365 days, the case may be dismissed unless action is taken. |
| Legal Advice | Parties are advised to seek legal advice promptly. |
| Contact Information | Applicants and respondents must provide full contact details, including address and phone. |
Ontario Divorce 8A: Usage Guidelines
Completing the Ontario Divorce 8A form is a crucial step in initiating a divorce application. After filling out the form, it will be submitted to the court for processing. The court will review the application and may schedule a case conference or a motion if necessary.
- Obtain the Ontario Divorce 8A form from a reliable source or the court office.
- Fill in the Court File Number at the top of the form.
- Indicate the Name of Court and the Court Office Address.
- Provide the full legal name, address, phone number, fax number, and email of the Applicant(s).
- If applicable, enter the information for the Applicant(s) Lawyer.
- Complete the Respondent(s) section with their full legal name, address, phone number, fax number, and email.
- If applicable, fill in the details for the Respondent(s) Lawyer.
- Specify if the case is a joint application for divorce.
- Complete the Family History section for both the applicant and respondent, including age, birthdate, and residency information.
- Fill in the Relationship Dates, including the date of marriage and separation.
- List all children involved in the case, including their full legal names, ages, birthdates, and current living arrangements.
- Answer questions regarding any previous court cases or agreements related to the parties or children.
- Detail any claims being made under the Divorce Act or related laws, checking the appropriate boxes.
- Provide important facts supporting the claim for divorce, including separation details and any allegations of adultery or cruelty.
- Complete the Applicant’s Certificate section, ensuring that all information is accurate and complete.
- Sign and date the form, and have the joint applicant sign if applicable.
Your Questions, Answered
What is the Ontario Divorce 8A form?
The Ontario Divorce 8A form is an official document used to apply for a divorce in Ontario. It can be utilized for a simple divorce application, where the applicant is seeking a divorce only, without additional claims regarding support or property. This form initiates the legal process and outlines the details of the marriage and separation.
Who can use the Divorce 8A form?
This form is designed for individuals who wish to apply for a divorce in Ontario. It can be completed by one person (the applicant) or jointly by both spouses. It is important to note that this form is appropriate only for straightforward divorce applications without additional claims, such as spousal support or property division.
What information is required to complete the form?
To fill out the Divorce 8A form, you will need to provide personal details such as your full name, address, and contact information. Additionally, you must include information about your spouse, the dates of your marriage and separation, and any children involved in the case. Details about previous court cases or agreements may also be required.
What happens after I submit the Divorce 8A form?
Once the form is submitted, the court will review the application for completeness. A case management judge will not be assigned until a case conference is requested or a motion is scheduled. If no action is taken within 365 days, the case may be dismissed unless proof of settlement is provided or a conference is requested.
How long do I have to respond to the Divorce 8A form if I am the respondent?
If you have been served with the Divorce 8A form, you have 30 days to file a response if you are in Canada or the United States. If served outside these areas, you have 60 days. Failing to respond may result in the court proceeding without your input, potentially leading to an order against you.
What if I want to make a claim of my own?
If you wish to make your own claim, you must complete the claim section in your response (Form 10) and submit it along with the necessary Affidavit of Service. If your claim involves support or property, additional financial statements may be required.
Do I need legal representation to file the Divorce 8A form?
While it is not mandatory to have a lawyer to file the Divorce 8A form, it is highly recommended to seek legal advice. Understanding your rights and responsibilities can significantly impact the outcome of your case. If cost is a concern, Legal Aid Ontario may provide assistance.
What if I only want a divorce and do not have children or property claims?
If your only claim is for a divorce, you can use the Divorce 8A form without needing to file additional claims or financial statements. You will simply need to check the appropriate box on the form indicating that you are requesting a divorce only.
Where can I find more information about the Divorce 8A form?
Additional information about the Divorce 8A form and the divorce process in Ontario can be found on the official Ontario court website or through legal resources such as community legal clinics. These resources can provide guidance on completing the form and understanding the steps involved in the divorce process.
Common mistakes
-
Failing to provide the correct court file number. This number is crucial for the court to track your case.
-
Not including complete contact information for both the applicant and respondent. Missing details can delay the process.
-
Overlooking the requirement to list all children involved, even if no claims are being made for them. This ensures all relevant parties are considered.
-
Incorrectly marking the separation date. This date is essential for establishing the timeline of the marriage.
-
Neglecting to indicate any previous divorces. This information can impact your current application.
-
Forgetting to attach necessary supporting documents. Any claims made should be backed up with relevant evidence.
-
Not checking if a Financial Statement is required. If claims involve property or support, this form is necessary.
-
Using outdated or incorrect forms. Always ensure you are using the most recent version of the form.
-
Failing to sign the form. An unsigned application is not valid and will be rejected.
-
Ignoring the importance of legal advice. Consulting a lawyer can help avoid costly mistakes.
Documents used along the form
When filing the Ontario Divorce 8A form, several other documents may be necessary to support your application. These forms ensure that all relevant information is presented to the court, allowing for a smoother process. Below is a list of commonly used forms and documents that accompany the Divorce 8A form.
- Form 10: Answer - This form is used by the respondent to contest the divorce application. It allows the respondent to state their position and any claims they wish to make.
- Form 6B: Affidavit of Service - This document proves that the respondent has been properly served with the divorce application and any other related documents. It is essential for the court to confirm that all parties are informed.
- Form 13: Financial Statement - Required when making claims for support, this form provides a detailed account of a party's financial situation, including income, expenses, assets, and liabilities.
- Form 13.1: Financial Statement (Property) - This form is necessary if there are claims related to property or exclusive possession of the matrimonial home. It details the financial aspects of the parties' property interests.
- Form 14: Motion to Change - If either party wishes to modify existing orders regarding support or custody, this form is used to request changes through the court.
- Form 15: Notice of Motion - This document is filed when a party wants to bring a motion before the court for specific orders, such as interim support or custody arrangements.
Understanding these forms and their purposes can significantly impact the outcome of your divorce proceedings. Ensure you have all necessary documents ready to facilitate a more efficient court process.
Similar forms
The Ontario Divorce 8A form is an important document in the divorce process. It has similarities with several other legal documents. Here are ten documents that share some characteristics with the Ontario Divorce 8A form:
- Form 10 - Answer: This document is used by the respondent to respond to the divorce application. Like Form 8A, it requires personal information and details about the case.
- Form 6B - Affidavit of Service: This form is used to prove that the divorce application has been served to the respondent. Both forms require accurate completion and filing with the court.
- Form 13 - Financial Statement: This document is necessary if the respondent claims support. It provides financial information, similar to how Form 8A outlines claims for divorce.
- Form 13.1 - Financial Statement for Property Claims: If there are claims regarding property, this form is needed. It shares the requirement for detailed information, much like Form 8A.
- Form 14 - Motion to Change: This form is used when a party wants to change a court order. It requires a similar level of detail about the case and parties involved.
- Form 35 - Notice of Motion: This document initiates a motion in court. It shares the procedural aspects with Form 8A, as both involve court processes.
- Form 19 - Certificate of Divorce: This form is issued after a divorce is finalized. It relates to Form 8A as it is the end result of the application process.
- Form 20 - Request to Change a Family Law Order: This document is used to request changes to existing orders. It requires similar information about the parties and the case.
- Form 35.1 - Case Conference Brief: This form is used to prepare for a case conference. It involves detailing the issues at hand, similar to the claims outlined in Form 8A.
- Form 31 - Application for an Annulment: This document is used when a party seeks to annul a marriage. It shares the purpose of addressing marital status, akin to the divorce application in Form 8A.
Dos and Don'ts
When filling out the Ontario Divorce 8A form, it is crucial to approach the process with care. Here are four important dos and don'ts to keep in mind:
- Do ensure all information is accurate. Double-check names, addresses, and dates. Inaccuracies can lead to delays or complications in your case.
- Do seek legal advice if needed. If you are unsure about any part of the form or the process, consulting a lawyer can provide clarity and guidance.
- Don't leave sections blank. Fill out every relevant section completely. Omitting information may result in the court returning your application for correction.
- Don't ignore deadlines. Be aware of the timelines for filing responses and other documents. Missing a deadline can negatively impact your case.
Misconceptions
When it comes to the Ontario Divorce 8A form, many people hold misconceptions that can lead to confusion or missteps in the divorce process. Here are eight common misconceptions, along with clarifications to help you better understand this important legal document.
- Misconception 1: The 8A form can only be used for contested divorces.
- Misconception 2: You must have a lawyer to fill out the 8A form.
- Misconception 3: You can ignore the form if you are served with it.
- Misconception 4: Filing the 8A form guarantees a quick divorce.
- Misconception 5: You do not need to disclose financial information if you are only seeking a divorce.
- Misconception 6: The 8A form is only for couples who have been married for a long time.
- Misconception 7: You cannot change your mind once the 8A form is filed.
- Misconception 8: You can use the 8A form to address child custody and support issues.
This form is specifically designed for simple divorce applications, whether contested or uncontested. It can be utilized for both joint applications and individual applications.
While legal advice is beneficial, especially in complex situations, individuals can complete the form on their own. However, seeking legal counsel is highly recommended to ensure all details are correctly addressed.
Ignoring the 8A form can have serious consequences. If you do not respond within the specified time frame, the court may proceed without your input, potentially leading to unfavorable outcomes.
While the form initiates the divorce process, it does not guarantee a swift resolution. The timeline can vary based on court schedules and whether any disputes arise.
Even if the application is solely for divorce, financial disclosure may still be necessary, especially if there are children involved or if any claims for support are made.
This form is applicable to all married couples, regardless of the length of their marriage. Whether you’ve been married for a few months or many years, the 8A form is relevant.
While filing the form indicates your intention to divorce, you can withdraw your application before a court order is made. This can be done by notifying the court.
The 8A form is specifically for divorce applications. If you need to address child custody or support, additional forms and documentation will be required.
Understanding these misconceptions can help you navigate the divorce process more effectively. Always consider seeking legal advice to address your specific situation and ensure that you are following the correct procedures.
Key takeaways
Filling out and using the Ontario Divorce 8A form can seem daunting, but understanding its key components can simplify the process. Here are some important takeaways:
- Purpose of the Form: The Ontario Divorce 8A form is primarily used for applying for a divorce. It is essential for both simple and joint applications.
- Filing Requirements: Ensure that all required information is complete and accurate before submission. Incomplete forms can lead to delays.
- Respondent Notification: The form serves as a notification to the respondent that a divorce application has been initiated against them.
- Time Limits: Respondents have 30 days to file an Answer after being served. If served outside Canada or the U.S., this period extends to 60 days.
- Financial Statements: If claiming support or property, appropriate financial statements must be completed and filed. Different forms apply depending on the nature of the claim.
- Legal Advice: Seeking legal advice early in the process is crucial. If affordability is an issue, consider reaching out to Legal Aid Ontario for assistance.
- Case Management: A case management judge will not be assigned until a case conference or motion is requested. Be proactive in scheduling these meetings.
- Consequences of Inaction: If no action is taken within the specified time limits, the case may proceed without the respondent's input, potentially resulting in unfavorable outcomes.
Understanding these key points can help navigate the divorce process more effectively. Always remember that legal processes can be complex, and professional guidance can make a significant difference.