Navigating Financial Disclosure in Family Law Part 1

Complete financial disclosure is the foundation for settling any family law case. The Supreme Court of Canada and the Court of Appeal for Ontario have made it clear how crucial this step is in resolving family law disputes quickly and efficiently.

We understand that financial disclosure in the family law process can be daunting. Join us in our new three-part series as we guide you through successfully navigating this essential step in your journey. We are here for you. 

Part 1: Understanding the Basics of Financial Disclosure 

When navigating your family law case, the Court requires you to fill out a Financial Statement. Depending on your situation, this means either Form 13.1 (for support and property claims) or Form 13 (for support claims only). These forms help determine each party's present position in relation to income, standard of living, and net family property.

What are Financial Statements in Family Law?

Financial Statements in family law are sworn documents that are used as evidence in your case. The information you swear in your Financial Statement must be supported by other documentation. In Ontario, you provide this supporting documentation to the other party using Form 13A: Certificate of Financial Disclosure. 

In addition, your financial statement and disclosure must remain up to date throughout your case. The Family Law Rules specify that if your Financial Statement is more than 30 days old, it must be updated before any court event. Updates should be completed either by filing a new sworn financial statement with the latest information or an Affidavit which outlines nominal or day-to-day fluctuation in account balances.

Misleading, incorrect, or incomplete Financial Statements can negatively impact your position at Court. Therefore, it is imperative that you are accurate and truthful in your Financial Statement.

What’s the difference between a Form 13.1 and a Form 13?

If you are only dealing with support claims (child support and/or spousal support), you will need to fill out a Form 13 Financial Statement.

If you are dealing with support issues and property claims, you will need to complete a Form 13.1 Financial Statement.

Generally, a Form 13.1 is used for married individuals and a Form 13 is used for common law individuals. Your family lawyer will direct you to which form is needed for your unique case.

Is there mandatory disclosure required, regardless of which form I use?

The Court requires copies of your Income Tax Returns and all attachments for the last three taxation years, as well as any Notices of Assessment or Reassessment for the same period. These all must be provided with the completed Financial Statement.

If you do not have Notices of Assessment and Reassessment for these three years, you must obtain an Income and Deductions printout (even if you did not file) from the Canada Revenue Agency by calling 1-800-959-8281.

Completing your Financial Statement and compiling the supporting disclosure can be an overwhelming piece of the family law puzzle. Keep following this series for further tips and tricks to help you navigate financial disclosure in family law. 

Continue to Part 2 here.