Navigating the process of dissolution within Ontario, Canada necessitates a grasp of various legal forms, among which the Form 8A: Application (Divorce) stands out as a critical starting point. Located at the Ontario Family Court of the Superior Court of Justice, this form serves as the initial step for individuals seeking to formalize the end of their marriage through the court system. The document requires detailed information from the applicants, including full legal names, addresses for service, and contact details, alongside the designation of a lawyer if represented. Key to this form is the distinction between a simple, joint, or a divorce with additional claims, guiding respondents on how to proceed, whether by filing an answer, addressing claims for support, or dealing with property issues. Furthermore, the form outlines necessary subsequent actions such as serving and filing an Answer or a Financial Statement, depending on the nature of the claim, and emphasizes the importance of seeking legal advice. Significantly, the form serves both as a notification to the respondent that a divorce action has been initiated against them and as an instruction manual for navigating the initial stages of the legal process. Within its pages, applicants find detailed information on how to lay out their claims, whether they seek only a divorce or a more complex arrangement involving spousal or child support, custody, property division, or other legal matters. This comprehensive approach ensures that both parties are well-informed of their rights and responsibilities as they embark on the challenging journey of legally ending their marriage.
| Question | Answer |
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| Form Name | Form 8A |
| Form Length | 5 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 1 min 15 sec |
| Other names | form 8a divorce, court file number ontario, 161 elgin street 2nd family court, form 8a pdf |
ONTARIO
Ontario Family Court of the Superior Court of Justice
(Name of Court)
SEAL |
at 161 Elgin Street, Ottawa, Ontario K2P 2K1 |
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(Court office address) |
Applicant(s)
Court File Number
04FL1234
Family Law Rules, O. Reg. 114/99
Form 8A: Application
(divorce) x Simple
Joint
Full legal name & address for service — street & number, municipality, |
Lawyer’s name & address — street & number, municipality, postal code, |
postal code, telephone & fax numbers and |
telephone & fax numbers and |
Sarah Weiss |
Susan Smith |
123 Anywhere Lane |
Smith, Jones |
Ottawa, ON |
456 Nowhere Street |
K1S 6O4 |
10th Floor |
Tel: (123) |
Ottawa, Ontario K2R 9X2 |
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Tel: (123) |
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Fax: (123) |
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Susan@smithjones.com |
Respondent(s) |
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Full legal name & address for service — street & number, municipality, |
Lawyer’s name & address — street & number, municipality, postal code, |
postal code, telephone & fax numbers and |
telephone & fax numbers and |
David Williams |
Fred Brown |
678 Downtown Road |
Black & Brown |
Ottawa, ON |
567 Suburban Street |
K4R 0O0 |
Ste 200 |
Tel: (123) |
Ottawa, Ontario K4V 8Y1 |
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Tel: (123) |
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Fax: (123) |
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Fred@blackbrown.ca |
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x
IN THIS CASE, THE APPLICANT IS CLAIMING DIVORCE ONLY.
TO THE RESPONDENT(S): A COURT CASE FOR DIVORCE HAS BEEN STARTED AGAINST YOU IN THIS COURT. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES.
THIS CASE IS ON THE STANDARD TRACK OF THE CASE MANAGEMENT SYSTEM. No court date has been set for this case but, if you have been served with a notice of motion, it has a court date and you or your lawyer should come to court for the motion. A case management judge will not be assigned until one of the parties asks the clerk of the court to schedule a case conference or until a notice of motion under subrule 14(5) is served before a case conference has been held. If, after 200 days, the case has not been scheduled for trial, the clerk of the court will send out a warning that the case will be dismissed in 30 days unless the parties file proof that the case has been settled or one of the parties asks for a case conference or a settlement conference.
IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an Answer (Form 10 — a blank copy should be attached), serve a copy on the applicant and file a copy in the court office with an Affidavit of Service (Form 6B).
YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF THIS APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE AN ANSWER. IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN ORDER AND ENFORCE IT AGAINST YOU.
IF YOU WANT TO MAKE A CLAIM OF YOUR OWN, you or your lawyer must fill out the claim portion in the Answer, serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service.
•If you want to make a claim for support but do not want to make a claim for property or exclusive possession of the matrimonial home and its contents, you MUST fill out a Financial Statement (Form 13), serve a copy on the applicant(s) and file a copy in the court office.
•However, if your only claim for support is for child support in the table amount specified under the Child Support Guidelines, you do not need to fill out, serve or file a Financial Statement.
•If you want to make a claim for property or exclusive possession of the matrimonial home and its contents, whether or not it includes a claim for support, you MUST fill out a Financial Statement (Form 13.1, not Form 13), serve a copy on the applicant(s), and file a copy in the court office.
DIVORCEmate Software Inc. (416)
Form 8A: Application (Divorce) (page 2) |
Court File Number |
04FL1234 |
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YOU SHOULD GET LEGAL ADVICE ABOUT THIS CASE RIGHT AWAY. If you cannot afford a lawyer, you may be able to get help from your local Legal Aid office. (See your telephone directory under LEGAL AID.)
THIS CASE IS A JOINT APPLICATION FOR DIVORCE. THE DETAILS ARE SET OUT ON THE ATTACHED
PAGES. The application and affidavits in support of the application will be presented to a judge when the materials have been checked for completeness.
If you are requesting anything other than a simple divorce, such as support or property or exclusive possession of the matrimonial home and its contents, then refer to page 1 for instructions regarding the Financial Statement you should file.
May 20, 2006
Date of issue |
Clerk of the court |
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Form 8A: Application (Divorce) (page 3) |
Court File Number |
04FL1234 |
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FAMILY HISTORY |
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HUSBAND: |
Age: |
37 |
Birthdate: |
October 31, |
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Resident in (municipality & province) |
Ottawa, Ontario |
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since (date) |
birth |
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Surname at birth: |
Williams |
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Surname just before marriage: Williams |
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Divorced before? |
x |
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No |
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Yes (Place and date of previous divorce) |
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WIFE: |
Age: |
36 |
Birthdate: |
June 1, |
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Resident in (municipality & province) |
Ottawa, Ontario |
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since (date) |
birth |
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Surname at birth: |
Weiss |
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Surname just before marriage: Weiss |
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Divorced before? |
x |
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No |
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Yes (Place and date of previous divorce) |
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RELATIONSHIP DATES
x
x
Married on (date) November 12,
Separated on (date) March 5, Yr 0
Started living together on (date)
Never lived together
THE CHILD(REN): List all children involved in this case, even if no claim is made for these children.
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Resident in |
Now Living with |
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Full legal name |
Age |
Birthdate |
(name of person and |
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(municipality & province) |
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relationship to child) |
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Jacob Williams |
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15 |
October 1, Yr |
Middlesex, Ontario |
Mother |
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Michael Williams |
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13 |
August 1, Yr |
Middlesex, Ontario |
Mother |
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PREVIOUS CASES OR AGREEMENTS |
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Have the parties or the children been in a court case before? |
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x No |
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Yes (Attach a Summary of Court Cases – Form 8E.) |
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Have the parties made a written agreement dealing with any matter involved in this case? |
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No |
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Yes (Give date of agreement. Indicate which of its items are in dispute.) |
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Form 8A: Application (Divorce) (page 4) |
Court File Number |
04FL1234 |
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CLAIMS
USE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE.
WE JOINTLY ASK THE COURT FOR THE FOLLOWING: |
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Claims under the Divorce Act |
Claims under the Family Law Act |
Claims relating to property |
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or Children’s Law Reform Act |
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01
02
03
04
05
a divorce |
10 |
spousal support |
11 |
support for child(ren) – table |
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amount |
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support for child(ren) - other |
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than table amount |
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custody of child(ren) |
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access to child(ren) |
15 |
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spousal support |
20 |
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equalization of net |
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family properties |
support for child(ren) – table |
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exclusive possession of |
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amount |
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matrimonial home |
support for child(ren) - other |
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exclusive possession of |
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than table amount |
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contents of matrimonial home |
custody of child(ren) |
23 |
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freezing assets |
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access to child(ren) |
24 |
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sale of family property |
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order |
Other Claims |
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indexing spousal support |
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declaration of parentage |
30 |
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costs |
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guardianship over child’s |
31 |
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annulment of marriage |
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property |
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32 |
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prejudgment interest |
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50 |
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(Other; specify.) |
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USE THIS FRAME ONLY IF THE APPLICANT’S ONLY CLAIM IN THIS CASE IS FOR DIVORCE.
I ASK THE COURT FOR:
(Check if applicable.)
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x
a divorce |
30 |
costs
IMPORTANT FACTS SUPPORTING THE CLAIM FOR DIVORCE
Separation: The spouses have lived separate and apart since (date) March 5, Yr 0 |
and |
xhave not lived together again since that date.
have lived together again during the following period(s) in an unsuccessful attempt to reconcile:
(Give dates.)
Adultery: (Name of spouse)
has committed adultery. (Give details. It is not necessary to name any other person involved but, if you do name the other person, then you must serve this application on the other person.)
Cruelty: (Name of spouse)
has treated (name of spouse)
with physical or mental cruelty of such a kind as to make continued cohabitation intolerable. (Give details.)
Form 8A: Application (Divorce) (page 5) |
Court File Number |
04FL1234 |
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USE THIS FRAME ONLY IF THIS CASE IS A JOINT APPLICATION FOR DIVORCE.
The details of the other order(s) that we jointly ask the court to make are as follows: (Include any amounts of support and the
names of the children for whom support, custody or access is to be ordered.)
IMPORTANT FACTS SUPPORTING OUR CLAIM(S)
(Set out below the facts that form the legal basis for your claim(s)).
Put a line through any blank space left on this page
In a joint application for divorce, there will be two signatures — one for each spouse. But in an application where the applicant’s only claim is for divorce, you and your lawyer are the only ones who will sign and you should strike out the inappropriate zone for your spouse’s signature and corresponding date.
Date of signature |
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Signature of applicant husband |
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Date of signature |
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Signature of applicant wife |
LAWYER’S CERTIFICATE
My name is: Susan Smith
and I am the lawyer for (name)
in this divorce case. I certify that I have complied with the requirements of section 9 of the Divorce Act.
May 20, Yr 0
Date of signature |
Lawyer’s signature |