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The Ontario Divorce 8A form plays a crucial role in the divorce process, specifically designed for those seeking a straightforward divorce without additional claims. This form can be utilized by either an individual applicant or a couple applying jointly. It captures essential details, such as the names and contact information of both the applicant and respondent, along with their legal representatives if applicable. The form outlines the nature of the divorce claim, emphasizing that it is solely for divorce and not for other matters like property division or support. It also informs the respondent of their rights and obligations, including the necessity to respond within a specified timeframe to avoid a default judgment. Additionally, the form requires information about the parties' marital history, including separation dates and any prior divorce proceedings. This comprehensive documentation ensures that all relevant details are presented to the court, facilitating a smoother process for obtaining a divorce decree.

Ontario Divorce 8A Example

ONTARIO

[SEAL]

(Name of court)

at

Court office address

Court File Number

Form 8A: Application

(Divorce)

Simple (divorce only)

Joint

Applicant(s)

Full legal name: Address: Phone & fax: Email:

Applicant(s) Lawyer

Name:

Address:

Phone & fax:

Email:

Respondent(s)

Full legal name: Address: Phone & fax: Email:

Respondent(s) Lawyer

Name:

Address:

Phone & fax:

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 1 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 2 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

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?

Gender information not available

NoYes

RELATIONSHIP DATES:

Married on (date) Separated on (date)

Started living together 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 3 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

01

02

03

04

05

a divorce

10

spousal support

11

support for child(ren) –

 

table amount

12

support for child(ren) –

 

other than table amount

13

decision-making responsibility

 

for child(ren)

14

parenting time with child(ren)

15

 

16

17

18

spousal support

support for child(ren) – table amount

support for child(ren) – other than table amount

decision-making responsibility for children

parenting time with child(ren) restraining/non-harassment order indexing spousal support declaration of parentage

guardianship over child’s property

20 equalization of net family properties

21 exclusive possession of matrimonial home

22 exclusive possession of contents of matrimonial home

23 freezing assets

24 sale of family 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 4 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 5 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

FLR 8A (April 1, 2024)

Page 6 of 6
Click for Ontario Divorce 8A File

File Breakdown

Fact Name Description
Form Purpose The Ontario Divorce 8A form is used to initiate a divorce application, specifically for cases seeking divorce only, either jointly or by a single applicant.
Governing Law This form is governed by the Divorce Act and the Family Law Act in Ontario, which outline the legal framework for divorce proceedings.
Response Time Respondents have 30 days to file an Answer after being served with the application, or 60 days if served outside Canada or the United States.
Financial Disclosure If a claim for support or property is made, the parties must complete and file the appropriate Financial Statement forms as specified in the application instructions.

Guide to Using Ontario Divorce 8A

Filling out the Ontario Divorce 8A form is an essential step in the divorce process. This form collects necessary information about both parties, their children, and any claims being made. Once completed, it will be submitted to the court to initiate the divorce proceedings.

  1. Begin by entering the Court File Number and the name of the court at the top of the form.
  2. Provide the court office address where the application will be submitted.
  3. Fill in the Applicant(s) section with the full legal name, address, phone number, fax number, and email of the applicant. If there is a lawyer representing the applicant, include their details as well.
  4. In the Respondent(s) section, enter the full legal name, address, phone number, fax number, and email of the respondent. If the respondent has a lawyer, include that information too.
  5. Indicate whether this is a joint application for divorce or if the applicant is claiming divorce only.
  6. Provide personal details for both the applicant and respondent, including age, birthdate, and municipality of residence.
  7. List the first and last names used on the day before the marriage for both parties, along with their gender and previous divorce information, if applicable.
  8. Fill in the Relationship Dates section, specifying the date of marriage and separation.
  9. List all children involved in the case, including their full legal names, ages, birthdates, and current living arrangements.
  10. Answer the questions regarding any previous court cases or agreements related to the parties or children.
  11. In the Claims section, indicate what you are asking the court for, checking the appropriate boxes for claims under the Divorce Act or other relevant acts.
  12. Provide important facts supporting the claim for divorce, including details about separation, adultery, or cruelty, if applicable.
  13. Complete the Applicant’s Certificate section, ensuring that any legal representatives sign where necessary.
  14. Finally, sign and date the form, ensuring all sections are filled out completely.

After completing the form, you will need to file it with the court. Keep a copy for your records. It is advisable to seek legal advice to ensure that all necessary steps are taken correctly.

Get Answers on Ontario Divorce 8A

  1. 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 is specifically designed for cases where the applicant is seeking a divorce only, without any additional claims related to support or property. The form provides necessary information about the applicants, respondents, and any children involved in the case.

  2. Who needs to fill out the Divorce 8A form?

    Either spouse can fill out the Divorce 8A form, provided they are seeking a divorce without additional claims. If both spouses agree on the divorce, they can submit a joint application. In cases where there are disputes about support or property, a different form may be required.

  3. What information is required on the form?

    The form requires several key details, including:

    • Full legal names and contact information of both the applicant and respondent.
    • Details about the marriage, including dates of marriage and separation.
    • Information about any children involved, such as their names, ages, and living arrangements.
    • Any previous court cases or agreements related to the marriage or children.

  4. How long do I have to respond to the Divorce 8A form?

    If you are served with the Divorce 8A form, you have 30 days to respond if you are in Canada or the United States. If served outside these regions, you have 60 days to file your response. Failing to respond within this timeframe may result in the court proceeding without your input.

  5. What happens if I want to oppose the divorce?

    If you wish to oppose the divorce, you must prepare an Answer (Form 10) and file it with the court. You also need to serve a copy to the applicant. This must be done within the response timeframe mentioned earlier. If you have claims of your own, you can include them in your Answer.

  6. Do I need to provide financial information?

    Yes, if you are making a claim for support or property, you will need to provide a Financial Statement. If your claim is solely for child support based on the Child Support Guidelines, you do not need to submit a Financial Statement.

  7. What if I can’t afford a lawyer?

    If you cannot afford a lawyer, you may be eligible for assistance through Legal Aid Ontario. They can provide guidance and support for individuals navigating family law matters.

  8. What happens if the case isn’t scheduled for trial within a year?

    If the case has not been scheduled for trial within 365 days, the court clerk will issue a warning. The case may be dismissed if no action is taken within 60 days unless proof of settlement or a request for a case conference is filed.

  9. How is the Divorce 8A form submitted?

    The completed form must be filed at the appropriate court office. Ensure that all required information is included and that any necessary supporting documents are attached. After filing, the court will review the application before scheduling a hearing.

Common mistakes

Filling out the Ontario Divorce 8A form can be straightforward, but many people make common mistakes that can lead to delays or complications in their divorce proceedings. One frequent error is not providing complete contact information for both the applicant and the respondent. It's essential to include full legal names, addresses, and contact numbers. Missing any of this information can cause issues with communication and service of documents.

Another mistake is failing to accurately list the dates of marriage and separation. These dates are crucial for establishing the timeline of the marriage and can affect various aspects of the divorce. If the dates are incorrect or missing, it may lead to complications in the court's understanding of the case.

Many applicants overlook the importance of disclosing previous court cases or agreements. If there have been any past legal matters involving the parties or their children, this information must be included. Omitting this can create misunderstandings and may even affect the outcome of the current application.

Additionally, some people do not provide information about their children involved in the case. It's vital to list all children, even if no claims are being made on their behalf. This ensures that the court has a complete picture of the family dynamics and can make informed decisions regarding custody or support.

Another common error involves the financial statements. If either party is making a claim for support or property, they must fill out the appropriate financial statement. Failing to do so can delay the process or lead to the court dismissing the claim altogether. Understanding which form to use is essential, as using the wrong one can complicate matters.

In some cases, applicants do not seek legal advice before submitting the form. While it is possible to complete the form without a lawyer, getting legal guidance can help avoid mistakes and ensure that all necessary information is included. Legal professionals can provide valuable insights into the process and help applicants understand their rights and obligations.

Lastly, people sometimes underestimate the importance of timely submission. There are strict deadlines for responding to the application. If the respondent does not file an answer within the specified time frame, the case may proceed without their input. This can lead to unfavorable outcomes, so it's crucial to adhere to all deadlines provided in the instructions.

Documents used along the form

When navigating the divorce process in Ontario, the Form 8A: Application (Divorce) is essential. However, several other forms and documents often accompany this application to ensure that all legal requirements are met. Understanding these additional documents can help streamline the process and clarify the claims being made.

  • Form 10: Answer - This form is used by the respondent to respond to the claims made in the Form 8A. It allows the respondent to present their side of the case, including any disputes regarding the divorce or related issues.
  • Form 6B: Affidavit of Service - This document serves as proof that the Form 10 (Answer) has been properly served to the applicant. It details how and when the respondent received the application, ensuring that all parties are informed and can participate in the proceedings.
  • Form 13: Financial Statement - If a party is seeking support but not making a claim for property, this form outlines their financial situation. It provides the court with necessary financial details to make informed decisions regarding support obligations.
  • Form 13.1: Financial Statement for Property Claims - This form is required when a party is making claims related to property or exclusive possession of the matrimonial home. It contains detailed financial information that the court needs to assess the claims accurately.
  • Form 35: Child Support Guidelines - If child support is being claimed, this document outlines the guidelines that determine the amount of support based on the income of the parents and the needs of the children. It helps ensure that support amounts are fair and consistent with established standards.

By familiarizing yourself with these forms and their purposes, you can better prepare for the divorce process. Each document plays a critical role in ensuring that the rights and responsibilities of all parties are clearly defined and upheld throughout the proceedings.

Similar forms

The Ontario Divorce Form 8A serves as an essential document in the divorce process. However, several other forms share similarities with it, primarily in their purpose and structure. Below is a list of six documents that are similar to the Ontario Divorce Form 8A, along with explanations of how they relate.

  • Form 10: Answer - This document is used by the respondent to formally respond to the claims made in the divorce application. Like Form 8A, it requires personal information about the parties involved and outlines the respondent's position regarding the divorce.
  • Form 13: Financial Statement - This form is necessary when a party is claiming support and provides a detailed overview of financial circumstances. Similar to Form 8A, it demands complete and accurate information about the individual's financial situation.
  • Form 13.1: Financial Statement (Support Claims) - This document is specifically used for claims regarding property or exclusive possession of the matrimonial home. It parallels Form 8A in that it must be filed with the court and serves to support claims made in the divorce application.
  • Form 6B: Affidavit of Service - This form is crucial for confirming that documents have been properly served to the other party. Like Form 8A, it is part of the procedural requirements in the divorce process, ensuring that all parties are informed.
  • Form 14: Notice of Motion - This document is used to request a court order and outlines the reasons for the request. Similar to Form 8A, it initiates a court process and requires specific details about the case and the parties involved.
  • Form 35: Affidavit in Support of Divorce - This affidavit supports the divorce application by providing factual evidence. It shares similarities with Form 8A in that both documents must be filed with the court and contain essential information regarding the marriage and grounds for divorce.

Understanding these forms and their connections to the Ontario Divorce Form 8A can aid individuals in navigating the divorce process more effectively. Each document plays a role in ensuring that the legal requirements are met and that the rights of all parties are respected.

Dos and Don'ts

When filling out the Ontario Divorce 8A form, there are several important guidelines to keep in mind. Here’s a list of things you should and shouldn't do to ensure your application is processed smoothly.

  • Do provide complete and accurate information for all required fields.
  • Don't leave any sections blank; incomplete forms can lead to delays.
  • Do double-check names, addresses, and contact information for accuracy.
  • Don't forget to include any necessary supporting documents, such as a Financial Statement if applicable.
  • Do seek legal advice if you have questions about the process or your rights.
  • Don't wait until the last minute to file your application; be mindful of deadlines.
  • Do keep copies of everything you submit for your records.

Following these guidelines will help facilitate a smoother process as you navigate your divorce application. Remember, staying organized and informed is key.

Misconceptions

  • Misconception 1: The 8A form is only for contested divorces.

    • This form is designed for both simple and joint applications for divorce. It can be used when both parties agree on the divorce, making it suitable for uncontested cases as well.

  • Misconception 2: You can submit the form without legal advice.

    • While it is possible to submit the form without a lawyer, seeking legal advice is highly recommended. Understanding your rights and obligations can prevent complications later.

  • Misconception 3: The 8A form guarantees a quick divorce.

    • Filing the 8A form does not automatically lead to a quick resolution. The timeline can vary based on court schedules and whether additional issues arise.

  • Misconception 4: You do not need to inform the other party.

    • The applicant must serve the respondent with the application. Failing to do so can result in delays or complications in the divorce process.

  • Misconception 5: Child support claims are automatically included.

    • If you want to claim child support, you must specify this in the application. Additionally, if you are only claiming child support in the table amount, you do not need to fill out a Financial Statement.

  • Misconception 6: The court will automatically assign a judge.

    • A judge will not be assigned until one party requests a case conference or a motion is scheduled. It’s essential to take proactive steps to move your case forward.

Key takeaways

  • The Ontario Divorce 8A form is specifically designed for individuals applying for a simple divorce, meaning it only addresses the divorce itself without additional claims such as support or property division.

  • It is crucial to accurately fill out the applicant and respondent sections, including full legal names, addresses, and contact information, as this information is essential for the court's records.

  • Applicants must be aware of the timeline for responding to the application. If served, the respondent has 30 days (or 60 days if outside Canada or the U.S.) to file an Answer. Failure to respond may result in a default judgment.

  • Legal advice is highly recommended. If financial constraints exist, individuals may seek assistance from local Legal Aid Ontario offices to navigate the process effectively.