Supreme Court — Sole application

How to do your own undefended (uncontested) divorce

Step 6

Swear or affirm the Affidavit — Desk Order Divorce (Form F38) and Child Support Affidavit (Form F37), if applicable

You can start your divorce before you have been separated for one year, by filing the Notice of Family Claim (Form F3) and serving it on your spouse. But you cannot swear or affirm the Affidavit — Desk Order Divorce and Child Support Affidavit (Form F37), if applicable, until after you have been separated for one year. You also have to wait 30 days to allow the other party to file a Response to Family Claim (Form F4).

How to swear or affirm the documents

To swear or affirm the documents, take the Affidavit — Desk Order Divorce (Form F38) and Child Support Affidavit (Form F37), if applicable, to a lawyer, notary public, or commissioner of oaths (found in courthouse registries, at both Supreme Court and Provincial Court).

If you are going to a lawyer or a notary public, call ahead to make an appointment and to make sure that he or she can swear or affirm the document for you. Say the documents are an Affidavit — Desk Order Divorce (Form F38) and Child Support Affidavit (Form F37), if applicable, for your divorce. Make sure you tell the person that you don't need any advice.

When you go to have the documents sworn or affirmed, take photo identification with you. The person who will swear the documents for you must be sure you are who you say you are. After identifying you, he or she will ask if you have read the documents, and if you swear or affirm that the contents are true to the best of your knowledge and belief. If you answer yes, then you sign the documents, and the person witnesses your signature.

When to file the documents

Once the Affidavit — Desk Order Divorce (Form F38) and Child Support Affidavit (Form F37), if applicable, have been sworn or affirmed, file them at the court registry along with the Requisition (Form F35), Certificate (Form F36), and the draft Final Order (Form F52) that you will file in Step 8. (See Step 7 for help preparing these documents.)

These forms must be filed along with your Affidavit of Personal Service (Form F15) within 30 days of the date that the Affidavit — Desk Order Divorce (Form F38) and Child Support Affidavit (Form F37), if applicable, are sworn or affirmed. If you do not file the Affidavit — Desk Order Divorce (Form F38) and Child Support Affidavit (Form F37), if applicable, within 30 days of being sworn or affirmed, they will have "expired," and the court registry will not accept them.

Note: This expiry date applies only to the Affidavit — Desk Order Divorce (Form F38) and the Child Support Affidavit (Form F37). It does not apply to the Affidavit of Personal Service (Form F15). That affidavit does not expire.

A document filed in the court registry that tells the court what you want.
A document filed in the court registry that the registry staff sign to show the judge they have checked your documents and that everything is procedurally correct before they send your documents to the judge.
A document filed in the court registry that tells the court what you want.
A document filed in the court registry that the registry staff sign to show the judge they have checked your documents and that everything is procedurally correct before they send your documents to the judge.
A document that records the decision of a judge/master and is entered at the court registry after the judge/master makes his or her decision. If your case is in Supreme Court, see Supreme Court Rule 15-1 (1) to find out which form to use for your situation.

back arrowBack to: Step 5

forward arrowGo to: Step 7