(SSJD)Swear or affirm the affidavit(s)

Swear or affirm the affidavit(s)

If you haven't yet been separated for one year, stop here and come back to the guide after one year has passed since you separated.

There are strict rules for when you can swear or affirm your Affidavit — Desk Order Divorce (Form 38). You can only do it after:

  • you and the other person have been separated for one year, and
  • your Notice of Joint Family Claim has been filed at the court registry. You can file the Notice and then swear your affidavit during the same visit to the registry.
If you file your Requisition (Form F35) at the registry before you file your Affidavit – Desk Order Divorce (Form F38), you must swear or affirm and file this affidavit within 30 days.

If you've already filed your Notice of Joint Family Claim, you can swear your affidavit(s) either:

  • at the registry, or
  • by taking them to a lawyer or notary.

See Instructions for the person swearing their affidavit in advance, below.

You can both swear one copy, or you can each swear separate copies of the same affidavit(s).

If you're planning to file all your documents at once, print two copies of your Affidavit — Desk Order Divorce. Get the other person to swear their own Affidavit — Desk Order Divorce. They can do this at the registry or by taking it to a lawyer or notary.

You take their sworn affidavit and your unsworn copy to the registry in the next step. This way only one of you will have to go to the registry. To swear the same copy, you'd both have to go to the registry to file the Notice and swear the affidavit together.

If you already have the other person's sworn Affidavit — Desk Order Divorce, go straight to Step 6: Apply for a divorce.

You can take your affidavit(s) to a private lawyer or notary public to be sworn. But if you do that, you have to file your documents in two steps. If you'd prefer to do it this way, go back to If you haven't been separated for a year in Step 3 for instructions on filing your first two forms.

Instructions for the person swearing their affidavit in advance

One copy of your Affidavit — Desk Order Divorce has to be sworn after you've filed your Notice of Joint Family Claim. The person who isn't going to file their forms at the registry can swear their copy of the affidavit in advance, and give their sworn copy to the other person to file.

You can have the affidavit(s) sworn by a:

  • lawyer,
  • notary public, or
  • other commissioner for taking affidavits.

If you want to use a lawyer or a notary public (for a fee), make sure they can swear or affirm the document for you. You might need to make an appointment. Tell them that the documents are an Affidavit — Desk Order Divorce and, if applicable, a Child Support Affidavit and exhibits for your divorce. Tell the person that you don't need legal advice.

You can also find commissioners in both Supreme Court and Provincial Court registries. See Who can swear an affidavit?

When you go to have your affidavit(s) sworn, the person swearing the documents checks your photo identification. They ask if you've read the documents, and if you swear (or affirm) that the contents are true to the best of your knowledge and belief. If you answer yes, you sign the documents, and the person swearing the documents then signs the affidavit and stamps it (which consists of their name and contact information).

Updated on 11 July 2022

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