A Guide to Ontario Court – Form 8: Application (General)

Starting a family law case in Ontario begins with one crucial document: Form 8: Application (General). Our comprehensive guide breaks down everything you need to know about this foundational form. Learn about the key sections, what claims you can make—from divorce and property division to parenting time and support—and what other documents you must attach.

Form 8: Application (General) is the document that officially starts most family law cases in the Ontario Court of Justice or the Superior Court of Justice (Family Court).

Think of it as the foundation of your court case. It tells the court, and the other person involved (the "Respondent"), who you are, who they are, what the key issues are, and what orders you are asking the court to make. Completing it accurately and thoroughly is a critical first step.

This guide will break down the form's purpose, key sections, and the process that follows after you file it.

You use Form 8 to ask the court to resolve family law issues. This is where you make your formal "claims." Common claims include:

• Divorce: To legally end a marriage.
• Decision-Making Responsibility: (Formerly known as custody) To determine who will make major decisions about the children (health, education, religion, etc.).
• Parenting Time: (Formerly known as access) To set out the schedule of when the children will be in each parent's care.
• Child Support: To determine payments for the financial support of the children.
• Spousal Support: To determine payments from one spouse or partner to the other for their financial support.
• Property Division: To divide property and debt accumulated during a marriage (known as equalization of net family property).
• Exclusive Possession of the Matrimonial Home: To ask for the right to live in the family home, temporarily forcing the other party to move out.
• Restraining Order / Protection Order: To prevent a party from contacting you or coming near you.

The form is broken down into sections. Here’s what you need to put in each one:

1. Part 1: Your Information
   • This is your full legal name, date of birth, address, and your lawyer’s contact information (if you have one).
2. Part 2: Respondent's Information
   • This is the full legal name and last known address of the person you are starting the case against.
3. Part 3: Important Dates
   • This section establishes the timeline of your relationship. You must include the date you were married, the date you started living together (cohabiting), and the date you separated. These dates are legally significant for property and support claims.
4. Part 4: Information about the Children
   • List the full name and date of birth for each child involved in the case. You also need to describe their current living arrangements.
5. Part 5: Claims for Relief
   • This is one of the most important parts of the form. It is a checklist of all the legal issues you are asking the court to resolve. You must tick the box for every single claim you are making. If you do not check a box here, you cannot ask for that order later without formally amending your application.
6. Part 6: Details of the Orders You Want
   • Here, you provide a brief summary of the specific orders you want. For example, under "Parenting Time," you might write, "The children are to reside with me primarily, with the Respondent having parenting time every other weekend."
7. Part 7: Grounds
   • This is where you tell your story. You must provide the factual and legal reasons (grounds) for each claim you made in Part 5. Write clearly and concisely. Stick to the relevant facts. For example, for spousal support, you might explain the length of the marriage, the roles each person took, and the income disparity between you and the Respondent.

1. Get the Form: You can download the most recent version of Form 8 from the official Ontario Court Forms website.
2. Complete the Form:
   • Be Accurate: Use full legal names and correct dates. Inaccuracies can cause significant delays.
   • Be Thorough: Double-check that you have ticked every box in Part 5 for the claims you want to make.
   • Attach Other Forms: You must file other documents along with your Form 8, depending on your claims. The most common are:
     • Form 35.1: Affidavit in Support of a Claim for Custody or Access: Required if you are making claims about decision-making or parenting time.
     • Form 13: Financial Statement or Form 13.1: Financial Statement: Required if you are making any claims for support or property division.
     • A copy of your marriage certificate (if you are married).
3. File with the Court (Issuing the Application):
   • Take at least three copies of your completed Form 8 and all attached documents to the family courthouse in the municipality where you or the Respondent live. If the case involves children, you typically file in the municipality where the children live.
   • A court clerk will take your documents, charge you a filing fee (you can ask for a fee waiver if you have a low income), stamp your forms, and assign a court file number. This is called "issuing" the application. The court keeps one copy, and you get the others back.

Filing the form is just the beginning.

1. Service: You must formally deliver a copy of the "issued" application and all other documents to the Respondent. This is called service. You cannot serve the documents yourself. Another adult (a friend, family member, or professional process server) must hand the documents to the Respondent.
2. Affidavit of Service (Form 6B): The person who served the documents must fill out and sign a Form 6B: Affidavit of Service in front of a lawyer or notary public. You must then file this form with the court to prove the Respondent received the application.
3. Respondent's Answer: The Respondent has 30 days from the date they were served to file their own documents with the court, called an Answer (Form 10).
4. First Court Date: Once the application is filed and served, the court will schedule your first appearance, which is typically a Case Conference. This is an informal meeting with a judge to discuss the issues, see what can be agreed upon, and set a schedule for the next steps in your case.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Family law is complex, and it is strongly recommended that you consult with a lawyer to discuss your specific situation. You can find help through the Law Society of Ontario's Referral Service, Legal Aid Ontario, or a local Family Law Information Centre (FLIC).