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Blank Ontario Divorce 8A Form

The Ontario Divorce 8A form is a legal document used to initiate a divorce application in Ontario. This form is specifically designed for simple divorce cases, allowing individuals or couples to formally request a divorce from the court. Understanding the details and requirements of this form is crucial for anyone navigating the divorce process in Ontario.

Outline

The Ontario Divorce 8A form is a crucial document for individuals seeking a divorce in Ontario, Canada. It serves as the initial application for divorce, specifically for cases where the parties are not making claims for issues such as property division or spousal support. The form requires detailed information about the applicants and respondents, including their full legal names, addresses, and contact information. It also includes sections to outline the relationship history, such as marriage and separation dates, and to list any children involved in the case. Importantly, the form guides applicants on the necessary steps to take if they wish to oppose the divorce or make additional claims. Furthermore, it emphasizes the importance of legal advice and provides information on obtaining assistance if needed. The 8A form is designed to streamline the divorce process while ensuring that all parties are informed of their rights and responsibilities throughout the proceedings.

Sample - Ontario Divorce 8A Form

ONTARIO

[SEAL]

(Name of court)

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?

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

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

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.)

a divorce

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:

Date	Lawyer’s signature

FLR 8A (April 1, 2024)

Page 6 of 6

Click for PDF

Form Information

Fact Name	Details
Form Purpose	The Ontario Divorce 8A form is used to apply for a divorce, specifically for cases where only a divorce is sought without additional claims.
Governing Law	This form is governed by the Divorce Act and the Family Law Act in Ontario.
Joint Applications	The form can be used for joint applications, allowing both parties to apply together for a divorce.
Time Limits	Applicants must serve and file an Answer within 30 days if served in Canada, or 60 days if served outside Canada or the U.S.
Case Management	The case is placed on the standard track of the case management system, and no court date is initially set.
Financial Statements	If claims for support or property are included, specific financial statements must be filed alongside the application.
Legal Advice	It is strongly recommended that individuals seek legal advice early in the process, especially if they cannot afford a lawyer.
Important Deadlines	If the case is not scheduled for trial within 365 days, it may be dismissed unless action is taken to prove settlement or request a conference.

Detailed Guide for Filling Out Ontario Divorce 8A

Filling out the Ontario Divorce 8A form is a crucial step in the divorce process. Once you have completed the form, you will need to submit it to the court where your case will be processed. This form is designed for those seeking a divorce and includes important information about both parties involved. Follow these steps to ensure you fill it out correctly.

Begin by entering the Court File Number at the top of the form.
Indicate the Name of Court and its Address.
Fill in the Applicant's Full Legal Name, Address, Phone & Fax, and Email.
If applicable, provide the Applicant's Lawyer's Name, Address, Phone & Fax, and Email.
Next, enter the Respondent's Full Legal Name, Address, Phone & Fax, and Email.
If applicable, provide the Respondent's Lawyer's Name, Address, Phone & Fax, and Email.
Check the box indicating that the applicant is claiming divorce only.
Complete the Family History section for both the applicant and respondent, including age, birthdate, and residency details.
Provide the First Name and Last Name on the day before the marriage date for both parties.
Indicate the Gender of both parties on the day before the marriage date.
Answer whether either party has been divorced before and provide details if applicable.
Fill out the Relationship Dates: date of marriage, date of separation, and date of cohabitation.
List all children involved in the case, including their Full Legal Name, Age, Birthdate, and Current Residence.
Answer whether there have been any previous court cases or written agreements related to this case.
If applicable, provide details regarding any Notices of Calculation or Recalculation related to child support.
In the Claims section, check the appropriate boxes for the claims being made.
Provide important facts supporting the claim for divorce, including details about separation, adultery, or cruelty if relevant.
Complete the Applicant’s Certificate section, ensuring to sign and date the form.

After completing the form, review it thoroughly for accuracy. Once satisfied, submit it to the appropriate court office. Be prepared for the next steps in your divorce process, which may involve court appearances or additional paperwork.

Obtain Answers on Ontario Divorce 8A

What is the purpose of the Ontario Divorce 8A form?

The Ontario Divorce 8A form is used to initiate a divorce application in Ontario. It allows the applicant to formally request a divorce from their spouse. This form is specifically for cases where the applicant is claiming divorce only, without any additional claims for support or property. It is essential to complete this form accurately to ensure that the divorce process can proceed smoothly.
What should I do if I receive the Ontario Divorce 8A form?

If you have been served with the Ontario Divorce 8A form, it is crucial to respond promptly. You have 30 days to file an Answer (Form 10) if you are in Canada or the U.S., and 60 days if served outside these regions. Failure to respond within this timeframe may result in the court proceeding without your input. Consult with a lawyer to understand your rights and obligations.
What happens if the divorce 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. You will have 60 days to provide proof that the case has been settled or to request a case or settlement conference. If no action is taken, the case may be dismissed. It is vital to stay proactive in managing your case to avoid dismissal.
Do I need legal advice when filling out the Ontario Divorce 8A form?

Yes, seeking legal advice is highly recommended. The divorce process can be complex, and a lawyer can help you understand your rights and responsibilities. If you cannot afford a lawyer, consider reaching out to Legal Aid Ontario for assistance. They may provide the support you need to navigate the legal system effectively.

Common mistakes

Filling out the Ontario Divorce 8A form can be a straightforward process, but there are common mistakes that can complicate matters. One frequent error is failing to provide complete and accurate contact information for both the applicant and the respondent. This includes not only the full legal names but also the correct addresses, phone numbers, and email addresses. Incomplete information can lead to delays in processing the application and may even result in legal notices not being received.

Another mistake often made is neglecting to disclose any prior divorces or legal agreements. The form specifically asks for details regarding previous divorces and any written agreements related to the case. Omitting this information can raise questions about the validity of the current application and may result in complications during the proceedings. Transparency is crucial in legal matters, and providing all relevant history helps the court make informed decisions.

Many individuals also overlook the importance of specifying claims clearly. The form allows applicants to indicate various claims, such as spousal support or child custody. Failing to check the appropriate boxes or provide detailed explanations can lead to misunderstandings about what is being requested. This oversight can complicate negotiations and potentially delay the court's decision.

Additionally, some applicants forget to consider the timeline for serving and filing an answer. The form outlines specific timeframes—30 days for those served within Canada and 60 days for those served outside. Ignoring these deadlines can result in a default judgment, meaning the court may proceed without the respondent's input. It is essential to be mindful of these timelines to ensure that all parties have the opportunity to present their case.

Finally, many people underestimate the value of legal advice. While the form can be filled out without a lawyer, seeking professional guidance can help avoid costly mistakes. Legal experts can provide clarity on complex issues and ensure that all necessary documentation is submitted correctly. Without this support, individuals may find themselves facing challenges that could have been easily avoided with proper legal counsel.

Documents used along the form

The Ontario Divorce 8A form is an essential document for initiating a divorce proceeding in Ontario. Alongside this form, several other documents may be required to support the application or respond to it. Below is a list of common forms and documents that are often used in conjunction with the Ontario Divorce 8A form, each serving a specific purpose in the divorce process.

Form 10: Answer - This form is used by the respondent to respond to the divorce application. It allows the respondent to contest the claims made by the applicant and outline their own claims if necessary.
Form 6B: Affidavit of Service - This document confirms that the respondent has been properly served with the divorce application and other relevant documents. It must be filed with the court to demonstrate compliance with service requirements.
Form 13: Financial Statement - Required when one party is claiming support but not property, this form provides a detailed account of the party's financial situation, including income, expenses, assets, and liabilities.
Form 13.1: Financial Statement (Property) - This form is necessary when a party is making a claim for property or exclusive possession of the matrimonial home. It includes comprehensive financial disclosures similar to Form 13 but tailored for property claims.
Form 35: Child Support Guidelines - This document outlines the guidelines for determining child support amounts based on the income of the parents and the needs of the children. It helps ensure that support is calculated fairly.
Form 14: Motion to Change - If either party wishes to modify an existing court order related to support or custody, this form is used to request the change formally. It includes the reasons for the modification.
Form 16: Case Conference Brief - This brief is submitted prior to a case conference and outlines the issues in dispute, the positions of each party, and any proposed resolutions. It helps facilitate discussions during the conference.
Form 24: Request for a Divorce Order - After all necessary documents have been filed and a waiting period has passed, this form can be used to formally request that the court grant the divorce order.

Understanding these forms and documents is crucial for navigating the divorce process effectively. Each plays a role in ensuring that both parties have the opportunity to present their cases, and they help the court reach a fair resolution. It's advisable to seek legal advice to ensure all necessary documents are completed correctly and submitted on time.

Similar forms

Form 10: Answer - This document is used to respond to the claims made in the Divorce Application. It allows the respondent to contest the application and present their own claims.
Form 6B: Affidavit of Service - This form proves that the respondent has been served with the Divorce Application and provides details on how and when this was done.
Form 13: Financial Statement - Required when a party seeks support but not property claims. It outlines financial information necessary for the court to assess support needs.
Form 13.1: Financial Statement for Property Claims - This form is necessary when a party claims property or exclusive possession of the matrimonial home. It includes detailed financial disclosures.
Form 8B: Application (Divorce) Joint - Similar to Form 8A, this is specifically for joint applications for divorce, detailing both parties' claims and agreements.
Form 14: Order - This document is used to formalize the court's decisions regarding divorce, support, and property claims after a hearing.
Form 35: Child Support Guidelines - This provides a framework for calculating child support amounts based on the income of the parents and the needs of the children.

Dos and Don'ts

When filling out the Ontario Divorce Form 8A, there are several important considerations to keep in mind. Here is a list of things you should and shouldn't do:

Do ensure all information is accurate. Double-check names, addresses, and contact details to avoid delays.
Do read the instructions carefully. Understanding the requirements can prevent mistakes that may complicate your application.
Do include all relevant details about children. List all children involved, even if no claims are made regarding them.
Do seek legal advice. Consulting a lawyer can provide clarity and guidance tailored to your situation.
Don't leave any sections blank. Incomplete forms may be rejected or delayed in processing.
Don't ignore deadlines. Be aware of the time limits for responding to the application or making claims.
Don't submit false information. Providing inaccurate details can lead to serious legal consequences.
Don't forget to keep copies of all documents. Having your own records can be invaluable throughout the process.

By following these guidelines, you can navigate the process more smoothly and reduce the likelihood of complications. Remember, it's important to approach this situation with care and diligence.

Misconceptions

Misconception 1: The Ontario Divorce 8A form is only for individuals seeking a contested divorce.

This form can also be used for joint applications, where both parties agree to the divorce. It is not limited to contested cases.

Misconception 2: Filing the 8A form guarantees a quick divorce.

While the form initiates the process, the timeline for a divorce can vary based on court schedules and whether additional claims are made.

Misconception 3: You can ignore the 30-day response period if you disagree with the application.

Failing to respond within 30 days can lead to the court proceeding without your input, which may not be in your best interest.

Misconception 4: You do not need to provide any information about children if no claims are made for them.

All children involved in the case must be listed, regardless of whether claims are made for support or custody.

Misconception 5: Legal advice is optional when completing the 8A form.

Seeking legal advice is strongly recommended to ensure that your rights are protected and that the application is completed correctly.

Misconception 6: The form does not require any financial disclosures.

Depending on the claims made, financial statements may be necessary, especially if property or support issues are involved.

Key takeaways

The Ontario Divorce 8A form is specifically designed for individuals seeking a divorce without additional claims, such as property or support.
Applicants must provide complete and accurate information, including their full legal names, addresses, and contact details, as well as those of the respondent(s).
If you are the respondent and wish to oppose the divorce, you have 30 days (or 60 days if served outside Canada or the U.S.) to file an Answer using Form 10.
In cases where support is claimed, you may need to complete a Financial Statement (Form 13 or 13.1), depending on the nature of your claims.
If no action is taken within 365 days, the court may dismiss the case unless proof of settlement is filed or a conference is requested.
Legal advice is highly recommended to navigate the divorce process effectively. If cost is a concern, consider reaching out to Legal Aid Ontario for assistance.
For joint applications, both parties must agree on the details and provide supporting facts for their claims in the form.