Ontario family court form
Ontario Form 13A: Certificate of Financial Disclosure
Form 13A is the checklist a party uses to certify which financial disclosure documents they have given the other side. It goes with Form 13 or Form 13.1 and is updated as more documents go out. Here is what it covers, the mistakes that undermine it, and how Divo prepares a draft.
At a glance
- Official version Divo uses
- May 2021
- Rules
- Family Law Rules, O. Reg. 114/99, rule 13
- Signed by
- The party, as a certificate (not sworn)
- Divo packages
- Both disclosure packages: with Form 13, or with Forms 13.1, 13B and 13C
What Form 13A is and when it's used
Rule 13 of the Family Law Rules sets out the documents each party must provide to the other in a support or property case. Form 13A is where a party lists every document provided in support of their financial statement and certifies that they have provided them. Each entry records a document number, a description, the date of the document and the date it was given to the other party.
The certificate is organized in three parts:
- Part A: sources of income. Personal tax returns; notices of assessment and reassessment; employment, self-employment, partnership, private corporation and trust income; employment insurance or social assistance; pensions and annuities; spousal support; tax benefits or rebates; investment, rental and other income.
- Part B: special and extraordinary expenses. Documents supporting any section 7 claim.
- Part C: claim for equalization of net family property. Assets and liabilities at the valuation date (real estate, savings and investments, pensions, life insurance, business and trust interests, other property), assets and liabilities at the date of marriage, and excluded property.
The party signs it, certifying at a stated place and date that they have provided all the documents listed. It is a certificate, not a sworn affidavit; the financial statement it accompanies is the sworn document.
Who serves and files it, and when
The form's instructions distinguish two kinds of case. In a support case with no family property claim under Part I of the Family Law Act, the certificate and its documents are served on the other party with the completed financial statement. In a case that includes a family property claim, the instructions set a separate deadline measured from the day the financial statement was due to be served.
Only the certificate is filed with the court; the documents themselves are not. When more documents go out, the party updates the certificate, and the form calls for an updated certificate to be prepared, served and filed if additional disclosure was served before the settlement conference. The Family Law Rules tie filing of the most recent certificate to the conference schedule, so check the current rules for the timing in your case.
The form also warns that if a party does not provide financial disclosure as required, a court may make an order against them.
Documents that feed it
Form 13A lists the disclosure itself, so it draws on the whole document set Divo asks for:
- Part A. Three years of tax returns and notices of assessment or reassessment (or CRA Income and Deductions printouts), and proof of current income such as a pay stub or pension, EI, WSIB or social assistance statement.
- Part B. Receipts for section 7 expenses, if claimed.
- Part C, valuation date. Bank, investment, real estate, vehicle, insurance, pension and business records, and statements for every debt.
- Part C, date of marriage. Asset and debt records as of the marriage, where a deduction is claimed.
- Part C, excluded property. Evidence of inheritances, gifts and insurance proceeds, with tracing documents.
Common mistakes that undermine a Form 13A
- Listing documents that haven't gone out. The party certifies that everything listed has been provided. A list that runs ahead of what was actually served undermines the certificate.
- Not updating it. Each new batch of disclosure belongs on the certificate, and the form calls for an updated certificate before the settlement conference if more was provided.
- Filing the documents. The certificate is filed; the documents are not, and tax returns stay out of the continuing record.
- Support-only categories in a property case. If the case includes an equalization claim, Part C has to account for valuation-date, marriage-date and excluded property documents, not just income.
- Descriptions too vague to check. 'Bank statements' doesn't say which account or period. A description naming the institution, account and statement date lets the other side confirm what they received.
- Gaps against the financial statement. Every income source and property item on the Form 13 or 13.1 should have supporting documents listed on the 13A.
How Divo prepares a draft Form 13A
Divo prepares Form 13A in both disclosure packages: with Form 13 for support disclosure, and with Forms 13.1, 13B and 13C for property and support. It uses the official May 2021 version.
- Open the matter from Clio (Canada region), from Actionstep through your firm's own Zapier account, or from Dropbox or Box, or upload the documents.
- AI reads the documents and extracts the facts behind the financial statement, each linked to the document and page it came from.
- A lawyer or clerk reviews the extracted facts. Values that match their source can be approved together; conflicts between documents, and missing values, are flagged for a person to resolve.
- Divo drafts the certificate from the same matter documents used for the financial statement. Your team checks it, including the date each document went to the other party, before the client signs.
- The draft comes out in Word (or PDF) and can go back to the Clio matter or your firm's Dropbox or Box. Divo files nothing.
The official form
Ontario publishes the Family Law Rules forms on the Ontario Court Forms site. Check the version date printed on a form before you file it.
Frequently asked questions
Is Form 13A sworn?
No. The party signs it as a certificate, confirming at a stated place and date that they have provided the listed documents. The financial statement it accompanies, Form 13 or Form 13.1, is the sworn document.
Are the disclosure documents filed with the court?
No. The form says to file a copy of the most up-to-date certificate with the court; the documents are given to the other party and are not filed.
Do I need a new Form 13A every time more disclosure goes out?
The form says to update it each time additional documents are provided, and to prepare, serve and file an updated certificate if more disclosure was served before the settlement conference.
What happens if disclosure is incomplete?
The form warns that a court may make an order against a party who does not provide financial disclosure as required. Rule 13 of the Family Law Rules lists what must be provided.
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