Form 8: Application
|1. Your Information|
|The first set of questions asks for details about you, including your name, mailing address, where you live, information about your lawyer, if you have one, and whether you’ve ever been divorced.|
If you are the one filing for divorce you are called the “Applicant” and your spouse is called the “Respondent”.
You will also need to fill out your spouse’s information so the courts can contact them for a response to your claim(s).
|Tip: The court needs to know where to send mail to you. If you don’t have a stable mailing address or are worried about your safety, you can give the address of a trusted friend or family member.|
|2. If You Are the Respondent|
|If you are the Respondent, the information on the bottom of page 1 and page 2 will tell you what your spouse (the Applicant) is claiming. |
The Respondent can make an answer and response to a Divorce Application by filing a Form 10 with the court.
The Respondent has only 30 days after receiving this form to file an answer.
If The Respondent does not reply, the case can go ahead anyways and the court can make an order.
|Tip: A divorce application may be fast tracked if you are in immediate danger or if there is a critical emergency. |
Fast Track: means that a case management judge has already been assigned to your case.
Standard Track: means that a case management judge is assigned only when a case conference or motion is scheduled. A case conference is scheduled if either you or your spouse ask the court for it.
|3. Family History|
|Your Information “Applicant”|
If you have changed your first or last name since the day before you and your spouse got married, please enter your name on the day before you were married.
Your Spouses Information “Respondent”
The next set of questions asks for details about your spouse, including their name, mailing address, where they live, information about their lawyer, if they have one, and whether they’ve ever been divorced.
|4. Information About Your Marriage and Children|
The next set of questions asks for information that goes into the forms you need to get a divorce.
For example, you have to give dates related to your marriage, living together, and separating. If you cannot remember the exact date you can give your best guess.
The next set of questions asks about children you and your spouse have to financially support. You have to enter their name, date of birth, and who they live with.
You don’t need to include children over the age of 18 that no longer rely on you for financial help.
Include all of the children of the marriage (children and stepchildren).
|Tip: This includes children that:|
– lived with you at the time of separation
– that you or your spouse have legal decision-making responsibility for
– or that are over the age of 18 but are still legally able to rely on you for financial help (ie. they are a student, or have a disability).
|5. Previous Agreements|
|This question is asking for information related to previous claim or agreements of child support. Please indicate whether you or your spouse has ever used the Ontario government’s Online Child Support Service to calculate payments and whether you have a written agreement with your spouse.|
|Tip: What is a Notice of Calculation? A notice of calculation is an official notice from the government of Ontario that tells you or your spouse how much child support must be paid.|
|6. Your Claims|
|Select the issues you want the court to make orders on.|
|Tip: Even if you are not sure whether you and your spouse need the courts help for an issue it is better to put it down and get the process started. It is generally easier to stop a claim than to start one.|
|7. Your Claims – details|
|In the grey box you should describe exactly what you are asking the court for.|
For example, you could say “An order that the Applicant has decision making responsibility” or “Respondent to pay child support”.
|8. Important Facts Supporting Your Application for a Divorce|
|There is where you can give the judge a brief history of the relationship and explain whether there were any incidents of violence. These facts will support your divorce claim.|
|9. Important Facts Supporting Your Other Claims|
|This is where you can give the judge some details which would support other claims like child custody or property claims.|
|Tip: It is important to remember that both you and your spouse have specific duties according to the Divorce Act which include:|
☐ To exercise decision-making responsibility (this includes decisions about the child’s health, education, culture, activates), parenting time, or contact with a child in a way that is in the best interests of the children;
☐ To protect, to the best of your ability, children from conflict arising from the proceeding;
☐ To settle future disagreements, to the extent appropriate, through a family dispute resolution process;
☐ To provide completed, accurate and up-to-date information; and
☐ To comply with court orders.
Know what legislation (rules) apply to you and your spouse
Divorce Act https://laws-lois.justice.gc.ca/eng/acts/D-3.4/
Family Law Act R.S.O. 1990 https://www.ontario.ca/laws/statute/90f03
Children’s Law Reforms Act R.S.O. 1990 https://www.ontario.ca/laws/statute/90c12