Official court procedure Official form

Form 36A: Certificate of Clerk (Divorce)

Ontario Court Services

Source sectionFamily Law Rules Forms — Form 36A — Certificate of Clerk (Divorce)

Source checked2026-08-08

VersionVersion 2020-11-30

Related explanation

Substantive

Divorce in Ontario

Court: Superior Court of Justice

A divorce legally ends a marriage and is granted by the Superior Court under the federal Divorce Act.

A divorce can only be granted by the Superior Court of Justice, including its Family Court branch. The Divorce Act sets the legal basis for divorce and also governs parenting and support issues between married spouses when claims are brought under that Act. Many divorces proceed on the basis that the spouses have lived separate and apart for at least one year, although the Act also contains other grounds.

A divorce can be requested on its own or together with claims such as parenting, support or property. The existence of unresolved family issues can affect how the case proceeds, but separation itself does not require a court order. A divorce becomes effective according to the Divorce Act and the court’s divorce order, and a divorce certificate can later be obtained as proof of the divorce.

Source summary

What this source covers

Official Ontario family-law form or related court document: Certificate of Clerk (Divorce). Its use depends on the governing rule, the issues in the case and any applicable court directions.

Key points

What this is

Ontario Court Services lists this as Form 36A, “Certificate of Clerk (Divorce)”.

Current official version

The current English version is version dated 2020-11-30 and effective 2021-02-28.

How to use this form

Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.

For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.

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Law and rules

Related official provisions

Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings

Rule 13 — (3.1) of the Family Law Rules addresses the documents that must be included with a party’s financial statement where child or spousal support has been sought. A party should provide an updated Certificate of Financial Disclosure (Form 13A) to the other party with this documentation.

If disclosure cannot be resolved prior to the case conference, the party seeking disclosure must include in their materials a list of the outstanding disclosure in accordance with Rule 13(11.01) of the Family Law Rules . The court may award costs pursuant to Rules 17(18) or 24(7) where a party has failed to comply with their disclosure obligations. Counsel and parties should address all disclosure issues in advance of the settlement conference. Any motions for disclosure must be heard in advance of the settlement conference. More information about financial statements and the documents that shall be exchanged to support a financial statement is available here . 1. Automatic Disclosure Orders Under Rule 8.0.1

Ontario Superior Court of JusticeSuperior Court of Justice — province-wide

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Binding law / official textCentral West Region Practice Direction

Rule 13 — (3.1) of the Family Law Rules sets out which documents MUST be included with a Financial Statement where child or spousal support has been sought. An updated Certificate of Financial Disclosure must be provided to the other party.

A party who has not made all reasonable efforts to comply with their disclosure obligations may be subject to a cost sanction, directions/terms imposed and/or the adjournment of any motion brought by that party until compliance. In egregious cases, upon motion, continued non-compliance may result in a party’s pleadings being struck or found in contempt of Court. C. Motions to Change The Family Law Rules direct the Court to determine the next steps in a Motion to Change, with a view to ensuring that these motions proceed in the most efficient manner appropriate in the circumstances. The Court is directed to determine the most appropriate process for reaching an expeditious and just conclusion of the case in the circumstances. A new Motion to Change Endorsement form is available here. Parties are encouraged to provide a draft Motion to Change Endorsement form with their materials for the first judicial conference to obtain early direction regarding the most appropriate process for the case.…

Ontario Superior Court of JusticeSuperior Court of Justice — Central West

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Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings

Rule 1.3 — of the Family Law Rules requires a member of the public to give 10 days’ written notice to the parties before the member of the public may access a family court file involving:

Decision-making responsibility, parenting time or contact with respect to a child under the Divorce Act or Part III of the Children’s Law Reform Act ; Orders under Part I of the Children’s Law Reform Act (parentage); or International child abduction. The member of the public must also send notice to the Children’s Lawyer if the Children’s Lawyer is representing a child in the case or conducting an investigation for the court. After receiving notice, a party who wishes to restrict access to the file has 10 days to file a 14B motion. If such a motion is brought, court staff may refuse the requested access until the court decides the motion. Before the member of the public is granted access to the file, they must file an affidavit (Form 14A) confirming 1) the date on which they gave notice under Rule 1.3, to whom and by what method; and 2) that they have not been served with a motion for a restricted access order. The following persons are exempt from the notice requirement under Family Court Rule 1.3: A party or their counsel;…

Ontario Superior Court of JusticeSuperior Court of Justice — province-wide

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Binding law / official textCentral South Region Practice Direction

Part 7 — : Binding JDR — Rule 43 of the Family Law Rules

Binding JDR is available in appropriate cases throughout the Central South Region. Please review Rule 43 of the Family Law Rules and the Consolidated Provincial Practice Direction for Family Proceedings for more information on Binding JDR and the forms that are required. Email Addresses to file Binding JDR Confirmations: Hamilton Family Court Trial Coordination Office: Hamilton.Family.Superior.Court@ontario.ca Kitchener Trial Coordination Office: Kitchener.Superior.Court@ontario.ca St. Catharines Trial Coordination Office: St.Catharines.Superior.Court@ontario.ca Welland Trial Coordination Office: Welland.Superior.Court@ontario.ca Brantford Trial Coordination Office: BrantfS@ontario.ca Cayuga Trial Coordination Office: Cayuga.Superior.Court@ontario.ca Simcoe Trial Coordination Office: Simcoe.Superior.Court@ontario.ca Help from Legal Aid Ontario: 1-800-668-8258 Lawyers across Ontario who provide unbundled legal services: www.familylawlss.ca

Ontario Superior Court of JusticeSuperior Court of Justice — Central South

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Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings

Rule 8.0 — .1 of the Family Law Rules directs the court to issue an automatic order when certain claims are made in an Application, Motion to Change or Answer. This order requires parties to comply with their financial disclosure responsibilities.

The party who receives automatic order from the court must serve the order on every other party in the case according to Rule 8.0.1(5). A party who has not made all reasonable efforts to comply with their disclosure obligations in advance of the case conference may be responsible for the other party’s costs. Upon filing the originating materials, parties will receive a reminder to attend a Mandatory Information Program (Rule 8.1) and to provide an updated email address on all court documents.

Ontario Superior Court of JusticeSuperior Court of Justice — province-wide

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Binding law / official textNorthwest Region Practice Direction

Part 2 — Civil Proceedings, Section A Motions Confirmation Forms also apply to all family conferences.

Confirmation forms for all family conferences must be filed and uploaded no later than three (3) business days prior to the event. C. Trial Dates Dates for Family trials shall be obtained at the trial scheduling conference and the presiding judge shall place the trial on the appropriate Running List and make directions with respect to further trial management conferences as required. All matters on a Running List shall be spoken to two months prior to the commencement of the Running List to determine trial readiness and, where possible, to confirm commencement date within that Running List. Additionally, there will be a Trial Confirmation Date the Wednesday prior to the commencement of the Running List to confirm all matters proceeding to trial. The Running List will be distributed to counsel prior to these dates. These dates and details will be distributed annually. D. Binding Judicial Dispute Resolution Binding JDR is available in appropriate family law cases throughout the Northwest Region.…

Ontario Superior Court of JusticeSuperior Court of Justice — Northwest

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Related subjects:Forms and documents · Divorce and separation