Affidavit for Divorce (Form 36): Notarize Online in Ontario
Filing a simple or joint divorce in Ontario? The Affidavit for Divorce (Form 36) is sworn. Swear it online by video with a notary. How it works, flat $19.90.
Last updated: June 7, 2026
Affidavit for Divorce (Form 36): Notarize Online in Ontario
Quick answer: Form 36, the Affidavit for Divorce, is the sworn affidavit used when an Ontario divorce is dealt with in writing — a simple or joint divorce without a hearing. The applicant can swear it before an Ontario notary public online, by secure video: show valid photo ID, swear the statement, and sign while the notary watches. It costs a flat $19.90 per stamp plus HST. Many courts accept remotely commissioned affidavits, but confirm your court's current practice. The notary commissions it; the court grants the divorce.
A simple or joint divorce in Ontario is largely a paperwork process, and the Affidavit for Divorce (Form 36) is the sworn piece that lets the court grant it in writing. The swearing is quick, and for Ontario applicants it can be done online over video, without an office visit.
This guide explains what Form 36 is, how to swear it online, and where a family lawyer is the right call. If your form is ready, you can book online or call (613) 434-5555. For the bigger picture, see our guide to online and virtual notary services and the affidavit guide.
Key Takeaways
| Decision point | What to check | Why it matters |
|---|---|---|
| Type of divorce | Simple or joint, dealt with in writing | Form 36 is used when there is no hearing. |
| Who swears | The applicant(s) | Each applicant swears their affidavit. |
| Court acceptance | Whether the court takes remote commissioning | Most do, but confirm the specific court. |
| Advice needed | Notary vs. family lawyer | A notary does not handle the divorce. |
| Price | Flat $19.90 per stamp plus HST | Same online or in person. |
What a Notary Can and Cannot Do
What a notary can and cannot do: A notary public administers the oath or affirmation, witnesses your signature, and commissions the affidavit. A notary does not file your divorce, complete the rest of the divorce application, advise on property, support, or parenting, or tell you whether your divorce will be granted. Those are matters for the court and, where you need advice, a family lawyer or paralegal.
Minute Notary commissions affidavits as an Ontario notary public, including by video under O. Reg. 431/20. For help with the divorce itself, see notary vs lawyer in Ontario and our overview of divorce document notarization.
When Form 36 Is Used
Form 36 is the Affidavit for Divorce in Ontario, used when a divorce is decided on the papers rather than at a hearing — typically a simple divorce (one spouse applies) or a joint divorce (both apply together) where the only relief sought is the divorce itself. The applicant swears the facts the court needs: the marriage, the separation, and that the conditions for a divorce are met. If your matter involves contested issues — property division, spousal or child support, or parenting arrangements — it is more than a Form 36 step, and a family lawyer should be involved.
How to Swear Form 36 Online — Step by Step
- Complete Form 36, unsigned, along with the rest of your divorce documents.
- Book the service and a time. Choose affidavits when you book online. Slots run on Ottawa time (America/Toronto).
- Join the video call and verify identity with valid government photo ID.
- Swear and sign the affidavit while the notary watches.
- The notary commissions it and applies their seal.
- File it with the court as part of your divorce application.
What to Bring to Your Online Appointment
| Item | Why you need it |
|---|---|
| The completed Form 36, unsigned | You swear and sign in front of the notary. |
| Valid government photo ID | Required on camera. |
| Any attachments the form requires | To complete the affidavit. |
| A payment method | The flat fee plus HST is taken before release. |
Booking note: In a joint divorce, both applicants can join the same video call to swear their affidavits, even from different cities. Call (613) 434-5555 if you are unsure.
Online or In Person — How to Decide
| Your situation | Best channel | Why |
|---|---|---|
| Form ready, valid ID, court accepts remote | Online by video | Fastest; commissioned under O. Reg. 431/20. |
| Joint divorce, applicants in different cities | Online by video | Both join the same call with their own ID. |
| The court requires in-person commissioning | In person | Confirm the court's practice first. |
| Contested issues (property, support, children) | See a family lawyer | More than a Form 36 step. |
Why Swear It Online
A simple divorce is stressful enough; the online route removes a trip to a notary at a difficult time. You join a short video call, swear the affidavit, and the notary commissions it — and in a joint divorce, both spouses can join the same call from different cities. Same-day slots are often available. The trade-offs are the usual ones: a working camera, a quiet space, valid photo ID, a complete form, and a court that accepts remote commissioning.
A Quick Scenario
A couple in Hamilton agree to a joint divorce with no contested issues. They complete their divorce documents, including Form 36 each. Both join the same fifteen-minute video appointment, show photo ID, swear their affidavits, and sign while the notary watches. The notary commissions both, and they file the application with the court.
When to Call a Family Lawyer Instead
- The divorce involves property division, support, or parenting arrangements.
- The other spouse contests the divorce or does not respond.
- You are unsure the conditions for a divorce are met.
- You need help completing or filing the application.
A notary commissions Form 36; a family lawyer handles the divorce.
Common Mistakes to Avoid
- Signing before the appointment. Swear and sign in front of the notary.
- Treating the affidavit as the whole divorce. Form 36 is one part of the application.
- Assuming every court accepts remote swearing. Confirm the specific court.
- Expired ID. Valid government photo ID is required on camera.
Where Clients Book From Across Ontario
Because the appointment is by video, applicants can swear Form 36 from anywhere in Ontario for an Ontario divorce. Clients book from across the province:
- Greater Toronto Area — Toronto, Mississauga, Brampton, Markham, Vaughan, Richmond Hill, Oshawa, Pickering
- Eastern Ontario — Ottawa, Kingston, Cornwall, Belleville, Brockville, Pembroke
- Central Ontario — Barrie, Peterborough, Orillia, Newmarket
- Southwestern Ontario — Hamilton, London, Kitchener–Waterloo, Cambridge, Guelph, Windsor, Brantford, St. Catharines
- Northern Ontario — Sudbury, Thunder Bay, Sault Ste. Marie, North Bay, Timmins
Pricing and Booking
| Service | Fee | Note |
|---|---|---|
| Affidavit for Divorce (Form 36) | $19.90 per stamp | Flat rate plus HST, online or in person |
| Each additional stamp / seal | $19.90 | Same flat rate, no bulk tiers |
Online appointments add HST plus a small card processing fee, shown in full before you pay. To book, choose affidavits when you book online, or call (613) 434-5555.
Frequently Asked Questions
What is the Affidavit for Divorce (Form 36)?
Form 36 is the Affidavit for Divorce used in Ontario when a divorce is dealt with in writing (a simple or joint divorce without a hearing). The applicant swears the facts the court needs to grant the divorce. The applicant swears it before a notary or commissioner, who commissions it. The court rules decide how the divorce proceeds.
Can I notarize the Form 36 divorce affidavit online?
Yes. You can swear Form 36 before an Ontario notary public over a secure video appointment under O. Reg. 431/20 — show valid government photo ID, swear the statement on camera, and sign while the notary watches. Many courts accept remotely commissioned affidavits, but confirm your specific court's current practice before filing.
Does a notary handle my divorce?
No. A notary commissions the sworn affidavit and verifies your identity. A notary does not file your divorce, complete the other forms, or advise on your matter. For help with the divorce itself — especially if it is contested or involves property, support, or children — speak to a family lawyer or paralegal.
What do I need for the appointment?
A device with a working camera and microphone, a stable internet connection, valid government photo ID, and the completed Form 36, unsigned, with any required attachments. You sign in front of the notary, so do not sign beforehand.
How much does it cost?
Minute Notary charges a flat $19.90 per stamp plus HST, the same online or in person. Online appointments add HST plus a small card processing fee, shown before you pay, and nothing is confirmed until payment succeeds.
Final Recommendation
If you are filing a simple or joint divorce in Ontario, complete Form 36 and your other divorce documents, then swear the affidavit online in a short video appointment — both spouses can join in a joint divorce. Confirm your court accepts a remotely commissioned affidavit. The notary makes the swearing official; the court grants the divorce. If there are contested issues or you need help with the application, talk to a family lawyer.
Book Your Appointment
Need to notarize the Affidavit for Divorce (Form 36) in Ontario? Minute Notary commissions it by secure video — flat $19.90 per stamp plus HST.
- Book online: Request an appointment
- Call: (613) 434-5555
- Service page: Affidavits
- Related guide: Notarize an affidavit online
- Hours: Monday to Friday, 9:00 AM to 5:00 PM (Ottawa time)
Sources
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