Skip to main content Mon-Fri: 9:00 AM - 5:00 PM Sat: 10:00 AM - 2:00 PM
Ready to Get Your Documents Notarized?
Walk-ins welcome or book an appointment today!
Professional Notary Public services in Ottawa, Ontario. Licensed and authorized by the Province of Ontario to serve your notarization needs.
© 2026 Minute Notary. All rights reserved.
Mon-Fri: 9:00 AM - 5:00 PM Sat: 10:00 AM - 2:00 PM
Ready to Get Your Documents Notarized?
Walk-ins welcome or book an appointment today!
Professional Notary Public services in Ottawa, Ontario. Licensed and authorized by the Province of Ontario to serve your notarization needs.
© 2026 Minute Notary. All rights reserved.
Divorce Documents That Need Notarization in Ontario | Minute Notary Blog | Minute Notary
Navigating Divorce Documentation
Divorce and separation involve significant paperwork. Understanding which documents need notarization can help ensure your divorce proceeds smoothly and your agreements are enforceable.
This guide covers the notarization requirements for divorce and separation documents in Ontario.
Types of Divorce in Ontario
Uncontested (Joint) Divorce
Both spouses agree on all issues:
Division of property
Spousal support
Child custody and access
Child support
Document requirements are simpler and may include fewer affidavits.
Contested Divorce
Spouses disagree on one or more issues and the court must decide.
Requires more documentation, including court affidavits.
Simple Divorce
Only the divorce itself is requested — no claims for property, support, or custody.
Simplest documentation requirements.
Court Documents Requiring Affidavits
Many divorce court documents require sworn affidavits :
Application for Divorce
The initial divorce application includes an affidavit confirming:
Facts about your marriage
Grounds for divorce
Children of the marriage
Your current circumstances
Affidavit for Divorce This sworn statement includes:
Confirmation of separation date
Statement that there's no chance of reconciliation
Confirmation of arrangements for children
Other required declarations
Affidavit of Service Proves that court documents were properly served on your spouse.
Service Method Affidavit Requirement Personal service Affidavit from person who served Alternative service Affidavit explaining method Substituted service Court order + affidavit
While not technically an affidavit, the financial statement is a sworn document that must be:
Completed accurately
Signed under oath
Filed with the court
This is one of the most important documents in divorce proceedings.
Separation Agreements A separation agreement is a legally binding contract between separating spouses covering:
Property division
Debt allocation
Spousal support
Child custody and access
Child support
Notarization Requirements While separation agreements don't legally require notarization in Ontario, there are strong reasons to have signatures notarized :
Benefits of notarizing separation agreements:
Benefit Explanation Proves identity Confirms both parties are who they claim Proves voluntary signing Evidence against claims of coercion Creates date record Official proof of when signed Adds enforceability Harder to challenge later
Witness Requirements Ontario law requires separation agreements to be:
In writing
Signed by both parties
Witnessed by at least one person
Many couples choose a notary as their witness for added protection.
Independent Legal Advice For separation agreements to be enforceable, each party should receive independent legal advice (ILA). The lawyer providing ILA typically:
Explains the agreement
Signs a certificate
May notarize the signature
Property Division Documents Dividing property during divorce may require:
Matrimonial Home Designation Documents relating to the family home:
Document Notary Service Consent to sale Notarized signature Exclusive possession agreement May benefit from notarization Property buyout agreement Recommended to notarize
Property Transfers If one spouse is keeping property:
Pension Division Dividing pensions requires:
Court order or separation agreement
Forms from the pension administrator
Certified copies of relevant documents
Custody and Access Agreements While custody terms are typically included in separation agreements, standalone custody agreements may be:
Signed by both parents
Witnessed (notarization recommended)
Filed with the court if desired
Parenting Plans Detailed parenting plans benefit from notarization:
Component Why Notarize Schedule specifics Proves agreement on details Decision-making Documents parental authority Travel permissions Creates enforceable record
Travel Consent Letters These should always be notarized to avoid border issues.
Support Documents
Spousal Support Agreements Terms for spousal support should be:
Clearly documented
Signed by both parties
Witnessed (notarization adds protection)
Child Support Agreements Child support is typically calculated using the Federal Child Support Guidelines, but agreements should be:
In writing
Clear about amounts and payment terms
Witnessed
Support Variation Documents If support needs to change later:
Written agreement for variation
Statutory declaration about changed circumstances
Court documents (if litigated)
Court Process Documents If your divorce goes to court, various documents need swearing:
Continuing Record The ongoing file of court documents, which includes:
Affidavits
Financial statements
Sworn responses
Motion Materials If filing motions during divorce:
Motion affidavit (explaining what you want and why)
Response affidavit (if responding)
Supporting affidavits
Conference Materials Before trials, conferences require:
Conference brief
Financial statement (sworn)
Other supporting documents
Trial Affidavits
Affidavits presenting evidence
Expert affidavits
Witness statements
Certified Copies in Divorce Document Purpose Marriage certificate Proof of marriage for divorce application Birth certificates Proof of children's identity Divorce order/certificate Proof of divorce for remarriage, etc. Separation agreement For enforcement or reference Court orders For enforcement
International Considerations
Foreign Divorces If your divorce was granted in another country:
The divorce may need recognition in Canada
Certified copies of foreign divorce documents
Affidavits about the foreign proceedings
Authentication/apostille of foreign documents
Divorcing When Spouse Is Abroad If your spouse lives in another country:
Service of documents abroad requires specific procedures
Affidavits of service via international methods
May need authenticated documents
After the Divorce
Divorce Certificate Once divorce is granted, obtain:
Official divorce certificate from the court
Certified copies for various purposes
Name Change Documents If changing your name back after divorce:
Updating Other Documents
Will and estate documents
Power of Attorney (revoke former spouse's authority)
Beneficiary designations
Property ownership
Common Divorce Documentation Mistakes
❌ Not Getting Financial Statement Right The financial statement is sworn. Inaccuracies can be:
Treated as perjury
Grounds to set aside agreements
Damaging to your case
❌ Signing Without Understanding Before signing any document:
Read it completely
Get independent legal advice
Understand all terms
❌ Missing Deadlines Court documents have strict deadlines:
Respond within time limits
File required materials on time
Serve documents properly
❌ Poor Record Keeping Keep copies of everything:
All court documents
All correspondence
Financial records
Signed agreements
❌ Improper Service Documents must be served correctly. Improper service can delay proceedings.
Costs for Divorce Notarization Note: These are notary costs only. Legal fees for divorce vary widely.
How We Can Help At Minutes Notary, we assist with divorce documentation:
We understand this is a difficult time and provide professional, confidential service.
Need Divorce Documents Notarized? We're here to help with the documentation aspects of your divorce or separation. Book an appointment with Minutes Notary for professional, compassionate service.
Related Articles #divorce #separation #family law #notarization #legal documents
Need Notary Services? We can help with all your document certification needs.
Book Now Legal
Power of Attorney in Ontario: What You Need to Know
Understand the different types of Power of Attorney in Ontario, when you need one, and how notary services can help you get it done properly.