Family Law Process

Starting Documents

• Application — Form 8 (general) or Form 8A (divorce)
• Financial Statement — Form 13 (support claims) or Form 13.1 (property & support)
• Affidavit (decision-making responsibility, parenting time, contact) — Form 35.1
• Certificate of Financial Disclosure — Form 13A

Responding Documents

• Answer — Form 10
• Financial Statement — Form 13 or Form 13.1
• Affidavit (decision-making responsibility, parenting time, contact) — Form 35.1 (if applicable)
• Certificate of Financial Disclosure — Form 13A

Reply

The Applicant may file a Reply (Form 10A) within 10 days of being served with the Answer. A Reply cannot introduce new claims — it only responds to new issues raised in the Answer.

Purpose

The first scheduled date in court. Usually administrative — a clerk confirms that all documents have been properly served and filed, and sets the next steps in the proceeding.

What to Bring

• Proof of service confirming all documents were served on the other party
• Updated Financial Statement (Form 13 or 13.1) if anything has changed
• Any temporary consent arrangements or draft orders agreed to by both parties

Possible Outcomes

The matter will then be scheduled to proceed to a Case Conference date. If both parties agree and all documents are in order, the court may issue procedural orders or temporary consent orders at this stage.

Purpose

• Exploring chances of settlement on some or all issues
• Identifying which issues are disputed versus agreed
• Ensuring full financial disclosure has occurred
• Setting timelines and deadlines for next steps

Required Documents

• Case Conference Brief — Form 17A
• Updated Financial Statement — Form 13 or Form 13.1
• Any supporting disclosure documents relevant to the issues

Important Rule

A case conference is generally required before a motion for temporary relief. The court may allow an earlier motion in limited circumstances, including urgency, hardship or where justice requires it. See the Superior Court guide to family cases.

When Motions Are Used

Motions deal with issues that cannot wait for trial — such as temporary support, temporary parenting schedules, financial disclosure orders, or other procedural relief. They result in temporary orders only, not final determinations.

General Rule

The case-conference requirement has limited exceptions, including urgency, hardship and the interests of justice. For a regular motion on notice, the notice and supporting materials are generally served at least six days before the hearing. Saturdays, Sundays and court-closure days do not count in this period. Different steps have their own filing and confirmation deadlines; court orders and practice directions may also apply. See Family Law Rules 3 and 14.

Motion Documents

• Notice of Motion — Form 14
• Affidavit in Support — Form 14A
• Responding Affidavit (opposing party) — Form 14A
• Reply Affidavit (if needed)
• Factum & Brief of Authorities (for longer or complex motions)

Without Notice Motions

In truly urgent situations — such as risk of harm to a child, child abduction, or imminent dissipation of assets — a motion may be brought without notice. Full candid disclosure to the court is required, and the other party will have an opportunity to respond.

Purpose

• Settling or narrowing the issues in dispute
• Obtaining a judge's view on the likely outcome at trial

Required Documents

• Settlement Conference Brief — Form 17C
• Updated Financial Statement — Form 13 or Form 13.1
• Offer(s) to Settle
• Net Family Property Statement — Form 13B (property claims)
• Comparison of Net Family Property Statements — Form 13C (property claims)

The Judge's Role

The settlement conference judge will express views on the likely outcome if the matter proceeds to trial. That same judge is generally not permitted to preside at the trial itself.

Why Make a Formal Offer?

Under Rule 18 of the Family Law Rules, a party who makes a formal Offer to Settle may be entitled to costs if the final court order is as favourable or more favourable than the offer. This creates a real financial incentive to make and accept reasonable offers early.

Timing Rules for Cost Consequences

• For Motions: Offer must be made at least 1 day before the motion date
• For Trials: Offer must be made at least 7 days before the trial date

Required Conditions

To trigger cost consequences, the offer must: (1) not have expired or been withdrawn before the hearing begins, and (2) not have been accepted. Both conditions must be met.

Practice Note

Offers to Settle are served on the other party but kept confidential from the judge until after the order is pronounced — at which point costs are argued. File a copy with the court only after judgment.

Purpose

• Final opportunity to explore settlement before trial
• If unresolved: identifying witnesses and estimating trial time
• Confirming the witness list, order of evidence, and exhibits
• Estimating trial length and logistics
• Setting the trial date if not already scheduled

Required Documents

The documents depend on the court hearing your case.

• Ontario Court of Justice: Trial Management Conference Brief — Form 17E.
• Superior Court of Justice: generally the completed Trial Scheduling Endorsement Form, an offer to settle all outstanding issues, and an outline of your opening statement. See the provincial practice direction, Part H.7.

Confirm the applicable requirements and any directions made in your case.

After This Conference

Once the Trial Management Conference is complete, very few procedural changes can be made. Witnesses, issues, and evidence are largely locked in. The matter proceeds to Assignment Court and then to trial.

Assignment Court

A brief administrative appearance — typically a month before the trial is scheduled to begin.

The Trial

The final evidentiary hearing. Both parties present their evidence, examine and cross-examine witnesses, and make legal arguments. The judge makes a permanent order on all remaining issues.

After the Decision

The judge may pronounce a decision from the bench or reserve it to be delivered later in writing. Either party may appeal an order within 30 days of the order being made.

Exceptions to this Process

Child protection proceedings, uncontested trials, Summary Judgment motions, and enforcement proceedings each have modified or abbreviated procedures that may differ significantly from this standard path.

If the Respondent Does Not Answer

After 30 days from service, if no Answer (Form 10) has been filed, the Applicant can obtain a Note for Default from the court registrar. The matter then proceeds as an uncontested application without participation from the Respondent.

Documents for Uncontested Divorce

• Affidavit for Divorce — Form 36
• Draft Divorce Order — Form 25A
• Original marriage certificate
• Proof of service of all documents on the Respondent

Financial Disclosure Still Required

Even in uncontested matters, a Financial Statement (Form 13 or 13.1) is typically required for any claim involving support or property. Independent legal advice (ILA) is strongly recommended for both parties before signing any agreement or consent order.