Divorce checklist and paperwork organizer (Canada)

The quick version

1. Keep every document in one binder, split into the sections below.
2. Write down every date and deadline the moment you get it.
3. Give each piece of evidence a reference and use it everywhere.
4. Number the pages and keep an up-to-date index at the front.

Documents to gather

Gather these before you complete your financial statement or meet your lawyer. Tick each one off as you find it.

Dates and deadlines to track

• Date of marriage
• Date of separation (one-year clock starts)
• Application filed and spouse served
• Response and financial statement due
• Earliest divorce date (1 year separated)
• Next hearing, conference or mediation
• Date divorce order granted
• Divorce takes effect (31 days later)

Always use the exact dates in your court or tribunal letters and orders.

How to section your binder

What this binder is for

Case Ready is a document organization and preparation tool that helps you present your case materials clearly. This edition is designed with reference to divorce and separation in Canada, using the Divorce Act, Justice Canada and Ontario, British Columbia and Alberta court guidance.

• Organize documents logically
• Keep materials in order
• Prepare for hearings and deadlines

What this binder is not

Case Ready:

• Does not provide legal advice
• Does not tell you what arguments to make
• Does not guarantee any outcome

If you need legal advice, speak to a family lawyer, your court's family justice services or free guides such as Steps to Justice (Ontario), Family Law in BC and CPLEA (Alberta).

How divorce works here

Divorce is federal law under the Divorce Act, but a provincial superior court grants it, and each province has its own forms and rules. This organizer names Ontario, British Columbia and Alberta. Elsewhere, use your own court's forms.

• The Divorce Act covers married spouses. One of you must have lived in the province for the year before filing.
• The marriage must have broken down. Usually that means living separate and apart for one year.
• You can be separated while sharing a home, if you now live separate lives.
• Apply alone or jointly. Ontario: Form 8A for divorce only, Form 8 if you also claim parenting, support or property.
• BC: Notice of Family Claim (F3), or F1 if joint. Alberta: Statement of Claim for Divorce, or the joint version.
• Sole applications must be served by someone else, not you. Joint applications need no service.
• A judge grants the divorce. It takes effect on the 31st day after the judgment; then you can request a certificate.

You can start once separated, but the divorce can't be granted until the full year has passed. Living together to reconcile for up to 90 days in total doesn't restart the year.

The money side

A divorce alone doesn't settle money. Support and property claims need a sworn financial statement with documents from each side. A divorce-only application may not need one.

• Ontario: Form 13 for support claims. Form 13.1 when property, debts or the matrimonial home are claimed.
• Ontario also uses Form 13A, which lists the documents you served. Swear your statement before a commissioner.
• British Columbia: Form F8 in the Supreme Court, sworn or affirmed, for support or property claims.
• BC: the F8 is due within 30 days after the claim is served, and must be updated if things change.
• Alberta: sworn Financial Disclosure Statement for support or property claims. A Notice to Disclose can compel documents.
• Expect to give tax returns and Notices of Assessment for the last 3 years, plus a recent pay stub.
• Ontario's Form 13.1 shows values at marriage, separation and today. Keep proof of gifts and inheritances.

Property is generally shared equally. Limits: Ontario 6 years from separation or 2 from divorce, whichever is first; BC, Alberta 2 years from divorce (unmarried: separation).

Pensions, rrsps and cpp

Pensions built up during the relationship are generally part of what is divided. The plan administrator values the pension and carries out any division, so ask early and keep every reply.

• Ontario: ask the plan administrator for a Statement of Family Law Value, the part earned during the relationship.
• Ontario: up to 50% of that value can count toward an equalization payment. Dividing the pension itself is optional.
• Ontario division needs an agreement, award or court order. It doesn't cover federal plans, CPP or RRSPs.
• BC: pension benefits earned during the relationship are usually divided. Alberta: pre-relationship benefits are exempt.
• CPP credit splitting shares earnings from your time together equally. It isn't automatic; either spouse applies.
• No time limit after a divorce on or after January 1, 1987. Common-law partners: apply within 48 months of separating.
• List every RRSP, RRIF, LIRA and LIF with its value at the date of marriage and the date of separation.

Remarriage doesn't prevent a CPP split. A plan divides a pension only as your agreement or order allows, so spell it out.

Children: parenting terms and plans

Since March 1, 2021 the Divorce Act says parenting time and decision-making responsibility instead of custody and access. Courts decide on the child's best interests, with safety, security and well-being first.

• Parenting time: the time a child is in a person's care. That person makes day-to-day decisions during it.
• Decision-making responsibility: significant decisions on health, education, culture, language, religion and activities.
• A parenting plan covers the schedule, decisions, holidays, communication and travel. It can be general or specific.
• If you agree a plan, the court must include it unless that isn't in the child's best interests.
• No presumption of equal time. A child should have as much time with each spouse as fits their best interests.
• Family violence, including coercive and controlling behaviour, is a factor. Keep dated records.
• A relocation that significantly affects the child's relationships needs 60 days' notice, in the prescribed form.

Ontario uses the same words in its Children's Law Reform Act. Alberta's Family Law Act covers guardianship, parenting and contact orders. Orders made before March 1, 2021 stay valid.

Children: support and mediation

Child support in a divorce follows the Federal Child Support Guidelines. The usual amount is the table amount for the paying spouse's province, plus shared special or extraordinary expenses.

• Special expenses (child care, health costs over $100 a year after insurance, post-secondary) are shared by income.
• If each spouse has the child at least 40% of the time over a year, the court looks at both table amounts.
• Over $150,000 a table formula applies; a court can set another amount for the excess.
• The Federal Tables were updated on October 1, 2025. Older orders don't change automatically.
• Try family dispute resolution where appropriate. It may be unsafe with family violence or a power imbalance.
• Alberta: Parenting After Separation course (check timing). Ontario: free Mandatory Information Program.
• Income disclosure: tax returns and Notices of Assessment for the three most recent years.

Ontario on-site mediation on the court date is free. In BC, some Provincial Court registries use Early Resolution; divorce is a Supreme Court matter.

Terms used in this organizer

• Applicant and respondent: who applies and who replies. BC says claimant; Alberta says plaintiff and defendant.
• Divorce order or judgment: the court's order granting the divorce. Alberta: Divorce Judgment and Corollary Relief Order.
• Certificate of divorce: proof of divorce, available after the 31 days. Ontario Form 36B, BC F56.
• Financial statement: your sworn list of income, expenses, assets and debts (ON 13 or 13.1, BC F8).
• Equalization: Ontario's payment from the spouse with the higher net family property to the other.
• Family Law Value: the part of an Ontario pension earned during the relationship.
• PAS: Parenting After Separation, Alberta's course for separating parents.

Provinces use different form numbers and words. Follow the ones on your own court's papers.

Who this is for

Anyone divorcing or separating in Canada who is sorting out money and children. Ontario, British Columbia and Alberta are covered by name. Quebec and the territories are outside this edition. General information, not legal advice.

• In an emergency, call 911.
• Common-law partners and spouses who separate without divorcing follow provincial law, not the Divorce Act.
• Ontario: Steps to Justice and the Guide to procedures in family court.
• BC: Family Law in BC (Justice Education Society) and Legal Aid BC.
• Alberta: Court of King's Bench desk divorce instructions and CPLEA Family Law.
• Justice Canada has family law and child support guidance. Service Canada handles CPP credit splitting.
• If there is family violence, tell your legal adviser or the court early.

Rules, forms and deadlines differ by province. Check your own court's website before you file.

Hearings & practicalities

On the day of your hearing:

• Bring the copies you have been asked for
• Keep this binder with you
• Use it to find documents quickly

Judges, tribunal members and staff expect parties to be organized and to follow procedure.

Before your hearing

• Financial statement completed from real documents, ready to swear
• Tax returns and Notices of Assessment for the last 3 years
• Pay stubs and account, debt and pension statements
• Values at date of marriage and separation, with proof for gifts
• Pension statements and CPP credit split form (ISP1901)
• Parenting plan drafted: schedule, decisions, holidays, travel
• Child support calculation and special expense receipts ready
• Parenting calendar and holiday schedule written down
• Course certificates and mediation notices on hand
• Parenting & Communication Log up to date