A joint divorce in Ontario starts on Form 8A, which is signed, not sworn. Each spouse swears their own Form 36. What else is sworn, and what it costs.
Last updated: October 15, 2026
Joint Divorce in Ontario: Form 8A and the Two Form 36 Affidavits
Quick answer: A joint divorce is one application that both spouses make together on Form 8A, Application (Divorce), with the "Joint" box ticked. Form 8A is signed and dated, not sworn, so it needs no stamp. The sworn part is the Affidavit for Divorce (Form 36). That form is written for one person, so each spouse swears their own: two affidavits, two stamps. Exhibits, Form 35.1 or a financial statement can add stamps. Minute Notary commissions each affidavit by video for $24.95 per stamp plus HST, or $49.90 plus HST for the pair.
When both spouses agree the marriage is over, they can apply together, with no respondent and nobody to serve. The forms mix pages you only sign with pages you must swear, and that split decides how many stamps you pay for.
Our Form 36 guide covers the affidavit alone; this one covers the whole joint application. We commission the sworn pieces by video through our affidavit service.
Key Takeaways
| Question | Answer | Where it comes from |
|---|---|---|
| How does a joint divorce start? | Both spouses file Form 8A, "Joint" box ticked, with no respondent | FLR r. 36(1)(b); Form 8A |
| Is Form 8A sworn? | No. Each spouse signs and dates it | Form 8A |
| What is sworn? | One Form 36 per spouse: two affidavits, two stamps | Form 36; FLR r. 36(5.1) |
| What can add stamps? | Exhibits when there are children; Form 35.1 for a parenting order; financial statements | FLR r. 36(5), r. 35.1(1) |
| Can it be done online? | Yes, by video, with the spouses in different cities or countries | O. Reg. 431/20 |
| What does it cost? | $24.95 per stamp plus HST; $49.90 plus HST for both affidavits | Our posted rate |
What a Notary Can and Cannot Do
What a notary can and cannot do: A notary public confirms each spouse's identity, administers the oath or affirmation, watches the affidavit being signed and commissions it, with any exhibits. A notary does not prepare or check your forms, advise on support, parenting or property, file anything with the court, or predict the outcome. The court decides the divorce, and a family lawyer advises on it.
The notary is on neither spouse's side, so settle every term before you book. Our divorce documents overview covers the wider process.
Joint Divorce vs Simple Divorce
Rule 36(1) of the Family Law Rules lets a divorce start with an application naming the other spouse as respondent, or with "a joint application with no respondent". Both use Form 8A, which has two boxes at the top: Simple (divorce only) and Joint.
| What differs | Simple divorce | Joint divorce |
|---|---|---|
| Who applies | One spouse; the other is the respondent | Both spouses, as joint applicants |
| What it asks for | The divorce only | The divorce and any order you both ask for |
| Service | The other spouse is served; proof is a sworn Form 6B | Nobody is served, so no Form 6B |
| Form 36 | The applicant swears one | Each spouse swears one |
Every order in a joint application needs "the consent of both spouses" (r. 36(2)). For a separation ground, the Divorce Act requires at least one year of living separate and apart (s. 8(2)(a)), and Form 36 asks for your separation date.
The Forms, and Which Ones Are Sworn
The table shows which pieces of the package need a commissioner.
| Document | What it is for | Sworn? |
|---|---|---|
| Form 8A, Application (Divorce), "Joint" box | Starts the case | No. Signed and dated, not witnessed |
| Form 36, Affidavit for Divorce | Each spouse's evidence for the divorce | Yes, one per spouse |
| Exhibits to Form 36 | Income and financial information, when there are children of the marriage | Attached as exhibits |
| Form 35.1, Affidavit (decision-making responsibility, parenting time, contact) | Only with a parenting order | Yes, by each spouse who asks |
| Form 13 or 13.1, Financial Statement | Only with a support or property claim | Yes |
| Form 25A, draft divorce order | The order you ask the judge to sign | No |
| Marriage certificate | Proof of the marriage | No, it is a record |
| Form 36B, divorce certificate | Issued by the clerk after the divorce takes effect | No |
Form 8A has a "Signature of joint applicant" line and a "Date of signature" line for each spouse, and no jurat, so it needs no appointment.
Form 36 is written for one deponent: "My name is (full legal name) … I am the applicant in this divorce case." Its jurat reads "Sworn/Affirmed before me at…", and the form "is to be signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits." In a joint application, Rule 36(5.1) has it filed "by the applicants". Because the form speaks for one person, each spouse swears one.
Exhibits. Where there are children of the marriage, Rule 36(5), paragraph 4, has the affidavit set out their support arrangements, with the income and financial information under section 21 of the child support guidelines "attached as exhibits". Each exhibit is one more stamp.
Only if you ask for those orders. Each person asking for a parenting order swears Form 35.1 (r. 35.1(1); Children's Law Reform Act, s. 21(4)); see our Form 35.1 guide. A support or property claim brings a sworn financial statement; our Form 13.1 guide explains which one.
The marriage certificate is filed with the application. If one is impractical to get, the application says why and Form 36 gives the marriage details instead (r. 36(4) and (5)).
How Many Stamps a Joint Divorce Takes
One stamp for each sworn document (financial statements included) and one for each exhibit. Form 8A, Form 25A and the marriage certificate add none.
| Your joint application | What gets sworn | Stamps | Fee before HST |
|---|---|---|---|
| The divorce only, no children | Form 36 × 2 | 2 | $49.90 |
| Children of the marriage, two exhibits on each affidavit | Form 36 × 2, plus 4 exhibits | 6 | $149.70 |
| The same, plus a parenting order | Form 36 × 2, 4 exhibits, Form 35.1 × 2 | 8 | $199.60 |
- Each spouse pays for their own affidavit. In the second example, that is 3 stamps each: $74.85 plus HST, on one shared booking or two.
- Count your exhibits before you book. Online, exhibits from the 6th cost less.
How to Swear Form 36 Online — Step by Step
O. Reg. 431/20 lets an oath or affirmation be commissioned by video, so the two of you can be in different cities or countries. Each spouse swears their own affidavit, on one shared video call or at separate appointments.
- Finish the forms. Complete, sign and date Form 8A together; it needs no appointment. Each of you completes your own Form 36 and leaves it unsigned.
- Book one appointment each. Choose Affidavit for divorce - Form 36 and enter your exhibits.
- Upload your documents when you book: your unsigned Form 36, any exhibits and your photo ID.
- Show valid government photo ID on camera.
- Swear or affirm, then sign while the notary watches. The jurat reads "Sworn/Affirmed", so either works.
- The notary commissions it, completing the jurat for a remote oath and sealing the affidavit and each exhibit.
- You receive the affidavit as a PDF to file with the application.
What to Bring
Each spouse needs their own set:
| Item | Why you need it |
|---|---|
| Your completed Form 36, unsigned | You sign it on the call |
| Valid government photo ID | Checked on camera |
| Any exhibits to your affidavit | Each one is stamped |
| Your marriage certificate, or the marriage details | Paragraph 4 of Form 36 asks about it |
| Form 35.1 or a financial statement, if needed | One more stamp each; tell us when you book |
| A device with a camera and microphone, in a quiet room | For the video call |
Filing and the 31-Day Wait
The commissioned affidavits go to the court with Form 8A and the draft divorce order (r. 36(6)).
The clerk then presents the papers to a judge, who can grant the divorce as drafted or return the papers for corrections (r. 36(7)). A divorce generally takes effect on the 31st day after the order (Divorce Act, s. 12). After that, either spouse can ask the clerk for the divorce certificate, Form 36B (r. 36(8)).
When to Call a Family Lawyer
Talk to a family lawyer before you file if:
- you have not agreed on parenting;
- property or support is unsettled;
- one of you is wavering, since a joint application needs both spouses' consent to every order;
- you are not sure you meet the one-year separation requirement;
- you need help completing the forms.
Settled terms can be recorded in a separation agreement. If one spouse ends up applying alone and a parenting or support claim goes unanswered, see our Form 23C guide.
Common Mistakes to Avoid
- Signing Form 36 early. Sign on the call, after the oath or affirmation. If you already signed, print a fresh copy.
- One spouse swearing for both. Each affidavit is one person's evidence, sworn on their own ID.
- Forgetting the exhibits. With children of the marriage, enter the exhibits when you book.
- Mixing up sole and joint. Tick "Joint" on Form 8A and fill in the joint frames. Form 6B belongs to the sole route.
- Booking a stamp for Form 8A. It is signed, not sworn.
Pricing and Booking
| Item | Fee | Note |
|---|---|---|
| Form 36, one spouse (online) | $24.95 per stamp | One affidavit, one stamp |
| Form 36, both spouses | $49.90 | Two affidavits, one booking, one video call |
| Each exhibit | $24.95 | Same rate; online, exhibits from the 6th cost less |
| Form 35.1 or a financial statement | $24.95 per stamp | Only if your application needs it |
How to book a joint divorce:
- Book one appointment and choose Affidavit for divorce - Form 36. Set the notary stamps to 2, one per affidavit, plus any exhibits, and answer 2 when asked how many people will sign.
- Tick "Each person signs only their own document." The additional-signer fee is for a second person signing the same paper. Each of you swears your own affidavit, so the total stays at two stamps: $49.90 plus HST.
- Both spouses join the same video call, each with their own ID, and each swears their own Form 36.
- Prefer separate appointments? Each spouse can book their own Form 36 instead, one stamp each, at the same price.
Prices are before HST. Paying online adds a small card processing fee, shown in full before you pay. Questions? Contact us or call (613) 434-5555.
Frequently Asked Questions
What is a joint divorce in Ontario?
A joint divorce in Ontario is one application that both spouses make together on Form 8A, Application (Divorce), with the "Joint" box ticked and no respondent. Because nobody is served, there is no Form 6B. Every order asked for needs "the consent of both spouses" under Family Law Rules r. 36(2). Each spouse then swears their own Form 36 affidavit.
What forms do I need for a joint divorce in Ontario?
A joint divorce in Ontario needs Form 8A with the "Joint" box ticked, signed by both spouses; a Form 36 Affidavit for Divorce sworn by each spouse; the marriage certificate; and a draft divorce order, Form 25A. A parenting order adds a Form 35.1 from each spouse who asks, and a support or property claim adds a sworn financial statement.
Does Form 8A need to be sworn or notarized?
Form 8A, Application (Divorce), does not need to be sworn or notarized: it has only "Signature of joint applicant" and "Date of signature" lines for each spouse and no jurat. Both spouses sign and date it together, without a witness or a notary stamp, and it needs no appointment. The sworn part of a joint divorce is each spouse's Form 36.
Do both spouses swear a Form 36 in a joint divorce?
Both spouses swear a Form 36 in a joint divorce, one affidavit each, because the form is written for one deponent: "I am the applicant in this divorce case." Rule 36(5.1) of the Family Law Rules has the affidavit filed, in a joint application, "by the applicants." Two affidavits mean two stamps, and one spouse cannot swear for both.
What else has to be sworn in a joint divorce?
Beyond the two Form 36 affidavits, a joint divorce in Ontario adds stamps only for exhibits, Form 35.1 or a financial statement. With children of the marriage, income and financial information is attached to the affidavit as exhibits under Family Law Rules r. 36(5), one stamp each. A parenting order adds a Form 35.1 from each spouse who asks; a support or property claim adds a sworn financial statement.
Can we swear our divorce affidavits online from different cities?
Spouses can swear their joint divorce affidavits online from different cities or countries, because O. Reg. 431/20 allows an oath or affirmation to be commissioned by video. Book one appointment with two stamps and two signers, tick "Each person signs only their own document", and you share one call, each with your own ID. The court where you file decides what it accepts.
How much does it cost to swear the affidavits for a joint divorce?
Swearing the two Form 36 affidavits for a joint divorce costs $49.90 plus HST at Minute Notary: $24.95 per stamp, one stamp per spouse. When you book together, tick "Each person signs only their own document" and no additional-signer fee applies. Each exhibit, Form 35.1 or financial statement is one more stamp. Paying online adds a small card processing fee, shown before you pay.
How long does a joint divorce take in Ontario?
A joint divorce in Ontario generally takes effect on the 31st day after the divorce order, under section 12 of the Divorce Act. A judge makes that order, or returns the papers for corrections. A separation ground needs at least one year living separate and apart (s. 8(2)(a)). Once the divorce takes effect, either spouse can ask the clerk for Form 36B, the divorce certificate.
Does the notary prepare or file the divorce?
A notary does not prepare or file a joint divorce: the notary confirms each spouse's identity, administers the oath or affirmation and commissions the Form 36 affidavits, with any exhibits. Preparing, checking or filing the application, and advice on support, parenting or property, are outside a notary's role. The court decides the divorce, and a family lawyer advises on it.
Final Recommendation
If you agree on everything you are asking for, apply jointly: sign Form 8A together, then each of you swears your own Form 36, with any exhibits, on one video call or separately. Take anything still in dispute to a family lawyer before you file.
Book Your Appointment
Need the Form 36 affidavits for a joint divorce commissioned? Minute Notary commissions each spouse's affidavit by secure video for $24.95 per stamp plus HST.
- Contact us: Ask a question or request an appointment
- Call: (613) 434-5555
- Email: info@minutenotary.ca
- Service page: Affidavits
- Related guides: Form 36 affidavit for divorce · Form 13.1 financial statement · Form 35.1 parenting affidavit
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Family Law Rules, O. Reg. 114/99 (Ontario), r. 35.1 and r. 36
- Ontario Court Forms — Form 8A: Application (Divorce), FLR 8A (April 1, 2024) (PDF)
- Ontario Court Forms — Form 36: Affidavit for Divorce, FLR 36 (April 1, 2024) (PDF)
- Ontario Court Forms — Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), FLR 35.1 (September 1, 2021) (PDF)
- Ontario Court Forms — Family Law Rules forms
- Children's Law Reform Act, R.S.O. 1990, c. C.12 (Ontario), s. 21
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 8 and 12
- O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
This article was written using AI.
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About the author
Kai Mai
Co-founder & Chief Technology Officer, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.