The Ontario Divorce 8A form is a legal document used to initiate a simple divorce application in Ontario. This form allows applicants to formally request a divorce from their spouse, outlining essential details about the marriage and any children involved. If you need to fill out this form, please click the button below for assistance.
The Ontario Divorce 8A form plays a crucial role in the divorce process for individuals seeking a simple divorce. This form is designed for applicants who are pursuing divorce only, without additional claims such as support or property division. It requires the full legal names, addresses, and contact information of both the applicant and the respondent, along with their respective lawyers if applicable. The form also outlines important timelines and procedures, informing the respondent that a court case has been initiated against them. Notably, it emphasizes the need for the respondent to file an Answer within a specified timeframe to avoid a default judgment. If any claims for support or property are to be made, the parties must complete additional forms, such as the Financial Statement. The 8A form also includes sections to provide background information on the marriage, including dates of marriage and separation, and details about any children involved. It serves as a foundational document that not only initiates the divorce proceedings but also guides the parties through the necessary steps to ensure compliance with legal requirements.
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)
Respondent(s) Lawyer
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)
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
Page 2 of 6
(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?
Yes
RESPONDENT/JOINT APPLICANT:
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?
Have the parties made a written agreement dealing with any matter involved in this case?
Yes (Give date of agreement. Indicate which of its terms are in dispute. Attach an additional page if you
need more space.)
Page 3 of 6
Form 8A:
Application (Divorce)
(page 4)
Has a Notice of Calculation and/or a Notice of Recalculation been issued by the online Child Support Service in this case?
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?
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
other than table amount
13
decision-making responsibility
for child(ren)
14
parenting time with child(ren)
15
16
17
18
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.)
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.)
Page 4 of 6
(page 5)
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.
Signature of joint applicant
Page 5 of 6
(page 6)
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
Page 6 of 6
Filling out the Ontario Divorce 8A form requires careful attention to detail. Once the form is completed, it will need to be submitted to the appropriate court. The next steps involve ensuring that the form is properly filed and served to the other party involved in the divorce proceedings.
What is the Ontario Divorce 8A form?
The Ontario Divorce 8A form is a legal document used to initiate a divorce application in Ontario. It can be filed by one spouse (the applicant) or both spouses jointly. This form outlines the basic information regarding the marriage, the parties involved, and the claims being made, such as a request for divorce only.
Who can use the Divorce 8A form?
This form is intended for individuals seeking a divorce without additional claims, such as property division or spousal support. It can also be used in cases where both spouses agree to the divorce and wish to file a joint application.
What information is required to complete the form?
To complete the Divorce 8A form, you will need to provide:
How long do I have to respond to the application?
If you are served with the Divorce 8A application, you have 30 days to file an Answer if you are in Canada. If you are served outside of Canada or the United States, you have 60 days to respond. Failing to respond may result in the court proceeding without your input.
What happens if the case is not 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 within 60 days unless one party provides proof that the case has been settled or requests a case or settlement conference.
What should I do if I want to oppose the divorce?
If you wish to oppose the divorce, you must prepare and file an Answer using Form 10. You must serve a copy of this Answer on the applicant and file it with the court, along with an Affidavit of Service (Form 6B).
Do I need to provide financial information?
Financial information is required only if you are making claims for support or property division. You will need to complete a Financial Statement (Form 13 or Form 13.1) depending on the nature of your claims. If you are claiming child support at the table amount specified in the Child Support Guidelines, no financial statement is necessary.
What if I cannot afford a lawyer?
If you cannot afford legal representation, you may seek assistance from Legal Aid Ontario. They provide resources and services to help individuals navigate the legal system, particularly in family law matters.
What is the importance of providing accurate information in the form?
Providing complete and accurate information is crucial, as it affects the court's ability to make informed decisions regarding your case. Misrepresentation or omissions can lead to delays, complications, or unfavorable outcomes.
What should I do after submitting the Divorce 8A form?
After submitting the form, you should monitor the status of your case. If a motion is scheduled, attend the court hearing. Additionally, consider seeking legal advice to understand your rights and obligations throughout the divorce process.
Filling out the Ontario Divorce 8A form can be a daunting task, and several common mistakes can lead to complications in the divorce process. One frequent error is providing incomplete or inaccurate personal information. Applicants must ensure that their full legal names, addresses, and contact information are correctly entered. Omissions or errors in this section can delay proceedings or even result in the case being dismissed.
Another mistake involves misunderstanding the requirements for claims. Some individuals mistakenly believe they can request support or property claims without submitting the necessary Financial Statement. If a claim for support is made, it is crucial to determine whether a Financial Statement is required. Failing to do so can result in the court not considering these claims.
Additionally, applicants often overlook the importance of listing all children involved in the case. Even if no claims are made for the children, their details must still be included. This oversight can create confusion and may hinder the court's ability to make informed decisions regarding custody and support.
Misunderstanding the timeline for filing responses is another common pitfall. Respondents have a limited timeframe to serve and file an Answer. If this deadline is missed, the case may proceed without their input, potentially leading to unfavorable outcomes. Awareness of these timelines is essential for all parties involved.
Furthermore, many applicants fail to disclose previous court cases or agreements related to their situation. This information is vital for the court to understand the context of the current application. Not providing this information can lead to complications and delays in the process.
Lastly, some individuals neglect to seek legal advice before submitting the form. While it is possible to complete the application independently, consulting with a legal professional can help clarify requirements and ensure that all necessary information is included. This proactive approach can save time and reduce stress during an already challenging period.
The Ontario Divorce 8A form is a crucial document for individuals seeking a divorce in Ontario. Alongside this form, several other documents may be required to support the divorce application process. Below is a list of commonly used forms and documents that can accompany the Ontario Divorce 8A form.
These documents play a significant role in the divorce process, ensuring that all parties are informed and that the court has the necessary information to make decisions. Properly completing and filing these forms can facilitate a smoother and more efficient divorce process.
The Ontario Divorce Form 8A is a crucial document in the divorce process, particularly for those seeking a simple divorce. It shares similarities with several other legal documents related to family law and divorce proceedings. Below is a list of six documents that are similar to the Ontario Divorce Form 8A, along with explanations of how they relate to it.
Understanding these documents can help individuals navigate the complexities of divorce proceedings more effectively. Each form plays a specific role in the overall process, ensuring that all necessary information is presented to the court.
When filling out the Ontario Divorce 8A form, there are important steps to follow to ensure your application is processed smoothly. Here’s a list of what you should and shouldn’t do:
Misconceptions about the Ontario Divorce 8A form can lead to confusion and complications in the divorce process. Here are four common misconceptions:
Filling out the Ontario Divorce 8A form can seem overwhelming, but here are some key points to keep in mind:
By keeping these takeaways in mind, you can navigate the process more smoothly and ensure that you meet all necessary requirements.