(SSSD)Fill out the next forms

Fill out the next forms

You'll need

Fill out your affidavit(s)

You won't need to go to trial and give evidence to a judge. Instead, you write your evidence in affidavits. An affidavit is a form that you fill out and swear or affirm that the information in it is true.

You can attach documents, such as copies of letters, written agreements, or court orders, at the end of an affidavit. These are called exhibits. Write a letter on each exhibit (for example, Exhibit A and Exhibit B). The exhibits must be attached in the order you refer to them in the affidavit. When you go to a commissioner for taking affidavits to have your affidavit sworn, they stamp the first page of each attached document with an exhibit stamp, write the letter on each exhibit that corresponds to the information you included in your affidavit, and date and sign it.

You need to fill out:

Affidavit — Desk Order Divorce (Form F38)

This sets out all the facts of your marriage and separation, and gives information about parenting time, if you have children.

If the person who served the Notice of Family Claim had to use a photograph, you can add a statement to your Affidavit — Desk Order Divorce where you affirm that the photograph is a true likeness of the person who was served. At the end of the form, under 8. Additional Details, write the following statement:

"I have reviewed the Affidavit of Personal Service sworn by [Name of the person who served your Notice] on [Date the Affidavit was sworn] and the photograph attached as Exhibit [X] to the Affidavit of Personal Service is a true likeness of the respondent."

Fill in the name of the person who served your Notice and the date the Affidavit of Personal Service was sworn. Then replace the Exhibit [X] with the letter used on the photograph in the Affidavit of Personal Service (for example, Exhibit B).

Child Support Affidavit (Form F37)

This gives information about your children and child support, if you and the other person have children. Attach your separation agreement or court orders to this form as exhibits. Write a letter on each exhibit (for example, Exhibit A and Exhibit B).

Your arrangements for parenting will be set out in your most recent agreement. If your arrangements have changed, explain the differences in detail. If your current arrangements are different from an order made by the court, you'll have to update that order before you can continue. See our step-by-step guide Get a family order in Provincial Court if you both agree or Change a family order in Supreme Court if you both agree.

Some of the information in these affidavits will be the same as what's in your Notice of Family Claim (Form F3). The Notice of Family Claim isn't a sworn document, and the judge or master must have sworn evidence to make a decision.

Fill out four more forms

Next, you need to fill out four more forms that will help the court to process your divorce application.

Requisition (Form F17)

This short form asks the registry to search their records to see if the other person ever filed a response or counterclaim to your Notice of Family Claim. (This will prove that your case is uncontested.) You don't need to list documents. In the form, under Required, on the first page, simply type or write this statement:

"A search for a Response to Family Claim or Counterclaim filed in this matter."

Requisition (Form F35)

This form tells the court that you want a divorce and, if you want one, a name change. It also tells the court what documents you're providing to support your application. In the form, under Required, on the first page, type or write this statement:

"A Final Order, without a hearing, in the form attached."

Certificate of Pleadings (Form F36)

The registry staff sign the Certificate of Pleadings to show the judge that your documents have been checked and are complete and correct.

Draft Final Order (Form F52)

Your draft Final Order sets out the court orders you're asking for. You fill in all the details, and the judge signs it. This will be your divorce order once the judge has signed it.

Swear or affirm the affidavit(s)

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

  • you and the other person have been separated for one year,
  • your Notice of Family Claim has been filed at the court registry, and
  • the 30 days for the other person to submit a Response to Family Claim (Form F4) or a Response to Counterclaim (Form F6) has passed.
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.

How to swear or affirm an affidavit

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 any advice.

You can also find commissioners in courthouse registries, at both Supreme Court and Provincial Court. 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 signs the affidavit and stamps it with their name and contact information. They also stamp and sign any attached exhibits.

Updated on 7 December 2022

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You might feel anxious about using the court forms, but it's just a matter of filling in certain facts. Take them one question at a time.