Ontario Form 8A: Application (Divorce)

What Form 8A is and when it's used

Form 8A starts an Ontario divorce case in two situations. In a simple divorce, one spouse applies and the only claim is the divorce itself. In a joint divorce, both spouses sign the application and can jointly ask for related orders, such as table child support, decision-making responsibility, parenting time or equalization of net family properties. When one spouse wants a divorce together with support, property or parenting orders that are not jointly requested, the case starts on Form 8 Application (General) instead.

Under the Divorce Act, the only ground for divorce is breakdown of the marriage. It is established by the spouses living separate and apart for at least one year, or by adultery or cruelty. On a separation claim, the year must be complete by the time the court decides the divorce, and the spouses must already be living apart when the case starts. Form 8A records the separation date and any periods the spouses lived together again in an unsuccessful attempt to reconcile.

The court also needs jurisdiction: either spouse must have been habitually resident in Ontario for at least one year immediately before the application was filed. The form asks that question for each spouse.

Who serves and files it, and when

Rule 36 of the Family Law Rules deals with divorce cases, and the official Ontario Court Forms checklists set out the filing steps. They differ by route.

• →Simple divorce: filing. The applicant files Form 8A with the court office, usually in the municipality where either spouse lives, and the court issues it. The applicant also starts the continuing record.
• →Simple divorce: service. The issued application, the continuing record and a blank Answer (Form 10) are served on the other spouse. The applicant can't serve them personally; another adult or a process server does it and swears Form 6B Affidavit of Service. Form 8A tells the respondent they have 30 days after service to serve and file an Answer, or 60 days if served outside Canada or the United States.
• →Simple divorce: no Answer. The applicant files Form 36 Affidavit for Divorce, the affidavit of service, the marriage certificate if it wasn't filed with the application, and a typed draft Form 25A Divorce Order. A judge reviews the file once the court has a clearance certificate from the Central Registry of Divorce Proceedings.
• →Joint divorce. Both spouses complete and sign Form 8A, each swears a separate Form 36, and they file them with the marriage certificate and a draft Form 25A. There is no respondent to serve. If they ask for support, property or parenting orders, the financial statement and other forms those claims require are filed too.

Where there are children of the marriage, the court must be satisfied that reasonable arrangements have been made for their support before it grants a divorce (Divorce Act, s. 11(1)(b)). Form 36 sets out those arrangements, including the payor's income, the table amount and the amount actually being paid.

Documents that feed it

Form 8A draws on a short list of documents, and Divo asks for the same ones when it prepares a divorce package:

• →Marriage certificate or marriage registration certificate. Names, date and place of marriage. Names on the forms should match the certificate, and the court will not grant the divorce until a certificate is filed, unless Form 36 explains why one can't be obtained.
• →Existing orders and agreements. Form 8A asks about previous court cases and any written agreement between the parties, including which of its terms are in dispute. A separation agreement or order also shapes what Form 36 must say about child support.
• →Agreed terms (joint divorce). The agreed terms, separation agreement or existing order behind the orders both spouses are asking for.
• →Service details (simple divorce). Who will serve the respondent, and where, so Form 6B can be completed once service is done.

The remaining facts, such as the children's details and the key dates, come from your client and are confirmed during review.

Common mistakes that delay a divorce order

• →Using Form 8A for a sole application with other claims. A simple divorce on Form 8A is divorce only. If your client also wants support, property or parenting orders and the spouses are not applying jointly, the application belongs on Form 8.
• →Names that don't match the marriage certificate. The court checks names against the certificate. Where a name differs, Form 36 should explain why.
• →Dates that don't line up. The separation date and any reconciliation periods on Form 8A have to agree with Form 36, and the one-year period has to be complete before the divorce is decided.
• →Child support arrangements that aren't explained. If the support actually being paid differs from the table amount, Form 36 must identify the order, agreement or consent behind it and explain why the arrangement is reasonable for the children.
• →An outdated version. Check the version date printed on the form against the official site before filing. Divo uses the April 2024 version of Form 8A.

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.

• →Form 8A Application (Divorce), April 2024 (PDF) ↗
• →All Family Law Rules forms on Ontario Court Forms ↗

Frequently asked questions

Related Ontario forms

• →Form 13 Financial Statement (Support Claims)
• →Form 13.1 Financial Statement (Property and Support Claims)
• →Ontario financial disclosure checklist
• →All Ontario family court forms Divo prepares