Disclosure documents (the other documents you need to file)

Disclosure documents are court forms that ask you to give certain information to the court, either financial or other information. If you are unsure what disclosure documents you must file, contact your local courthouse.

Financial Information

The court may require financial information from one or both spouses. This usually means you must file a description of your current financial situation by giving the court a statement(s) that has been signed under Oath. This is called ‘financial disclosure’. 

 

When is financial disclosure required?

If you have any dependent children (‘children of the marriage’), then you or your spouse will need to file up-to-date financial information for any divorce. It does not matter if you both agree or whether the divorce is contested or uncontested. 

This is true even in situations where you and your spouse have agreed on child support amounts or you have agreed that there will be no child support paid, even if you have shared or split parenting arrangements. The Federal Child Support Guidelines are the rules that determine the amount of child support to be paid. These Guidelines are mandatory. The judge must make sure that children are being financially supported according to these Guidelines at the time the divorce is being processed. If the judge isn’t satisfied that your child support arrangements meet the Guidelines, your divorce may not be granted.

A ‘child of the marriage’ is defined in the Divorce Act and includes:

  • any child who is under the age of majority (19 years old), OR

  • is 19 years or over, but still ‘financially dependent’ because they are still in school, or they cannot support themselves because of an illness or a disability.

If you have a child with your spouse, but the child is over 19 years old and independent, they are no longer considered a ‘child of the marriage’, and you do not need to include information about your child in your divorce documents. You can still name the child in your divorce documents, but indicate that they are over 19 and independent, and they no longer require financial support.

For more information on financial disclosure, see Civil Procedure Rules 59.21-59.24.

 

Statement of Income and Attachments

When a spouse is required to pay child support, that spouse must file a Statement of Income (Form FD3) PDF form  Word form , with attachments, to the court.

Both spouses will need to file a Statement of Income in the following circumstances:

  • when dealing with special or extraordinary expenses

  • if there are dependent children but the parties agree that no child support should be paid

  • if there is a shared or split parenting arrangement

  • if the amount of the proposed child support is less than the Child Support Guidelines

  • if spousal support is requested.


You will also need to attach the following documents to your Statement of Income:

  • your Income Tax Returns for the past 3 years

  • your Notice of Assessments for the past 3 years

  • your 2 most recent paystubs from employment income, benefit statements from income assistance, employment income (EI) statements or Workers’ Compensation Benefits (WCB)

  • if you are self-employed, you will also have to provide business statements as part of your financial disclosure.

You should speak to court staff to learn exactly what you will be required to file in your circumstances.

If you do not have your notices of assessment or reassessment from the Canada Revenue Agency, you can request copies by contacting CRA at 1-800-959-8281, or printing them from your CRA online account.

For more information on preparing a Statement of Income (FD3), watch this family justice video

 

Statement of Special or Extraordinary Expenses

A Statement of Special or Extraordinary Expenses (Form FD4) PDF form  Word form  must be filed by a spouse that is seeking any expenses that are listed in section 7 of the Child Support Guidelines, including childcare expenses, health related expenses, extracurricular activities, and expenses for secondary or post-secondary education. You should speak with a lawyer if you are not certain whether there are any expenses that would be considered special or extraordinary. If a spouse files a Statement of Special or Extraordinary Expenses (Form FD4), then both spouses will need to file a Statement of Income (Form FD3).

 

Statement of Expenses

In general, a Statement of Expenses (Form FD6) PDF form  Word form  must be filed by a spouse claiming special or extraordinary expenses, by both spouses when one spouse is seeking child support that is different from the table amount or the table amount plus special or extraordinary expenses.

This form may also need to be filed by both spouses if spousal support is requested and a Waiver of Financial Statements (Form FD11) (explained further below) is not filed or does not apply.

For more information on preparing a Statement of Expenses (FD3), watch this family justice video.

 

Statement of Property

In general, a Statement of Property (Form FD7) PDF form  Word form  must be filed by both spouses if either spouse is seeking to divide property, debts, or pensions. This is often called seeking a ‘division of property’.

This form may also need to be filed by both spouses if spousal support is requested and a Waiver of Financial Statements (Form FD11) (explained further below) is not filed or does not apply.

For more information on division of property visit: Matrimonial Property. Pensions & Debts

 

Other financial information – children who are 19 years or older

In general, if you are seeking child support for a child who is 19 years old or older, an additional statement of the child’s income and expenses must be filed. In most cases, you can provide this information using the Statement of Income (Form FD3) PDF form  Word form  and Statement of Expenses (Form FD6) PDF form  Word form  or in an Affidavit. Check with court staff for specific information about filing requirements at your local courthouse.

 

Can we agree not to file financial information?

You and your spouse may agree not to file financial information, but you will need to file a form called a Waiver of Financial Statements (Form FD11) PDF form  Word form , but only if ALL of the following apply to your situation:

  • the divorce is uncontested

  • there are no children under the age of 19 years of age, or any children who are attending school, or suffer from an illness or disability that prevents them from being financially independent

  • you and your spouse agree on all issues about spousal support

  • you and your spouse agree on all issues about division of property (assets, debts, pensions, etc.).

NOTE:  A judge may ask for further financial information or documents in any case before granting the divorce, regardless of any agreements made between the spouses.

 

Parenting Information

If you and your spouse have children under the age of 19 years, both spouses must file a Parenting Statement (Form FD2A) PDF form  Word form .

Note: In certain cases, spouses with children 19 years old or over who are unable to withdraw from parental care may also need to file a Parenting Statement (Form FD2A) PDF form  Word form .

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