WHAT IS AN AFFIDAVIT FOR DIVORCE?

Uncontested Divorces

An affidavit for divorce is a sworn written statement used in a divorce case to present facts, evidence, or personal testimony to the court. It is a formal way of telling the judge your side of the story—under oath—without appearing in person, especially in uncontested or desk divorce applications.

What Is an Affidavit for Divorce?

• It is a legal document made under oath or affirmation, signed in front of a notary public or commissioner of oaths.
• Used to support your Application for Divorce.
• Required in uncontested divorces where neither spouse is disputing the terms.

What It Includes

Depending on your province (e.g., Saskatchewan), a divorce affidavit typically includes:

Personal and Marriage Information

• Full legal names and birthdates of both spouses
• Date and place of marriage
• Proof of marriage (attached marriage certificate)

Separation Details

• Date of separation
• Statement that you’ve lived separate and apart for at least one year
• Confirmation there’s no chance of reconciliation

Children (if applicable)

• Names and birthdates of children
• Custody, parenting time, and support arrangements
• Confirmation that proper child support is in place

Agreement on Divorce

• Statement that both spouses agree to the divorce
• Declaration that all issues (support, custody, property) are settled or being handled separately

Other Requirements

• Statement that the claim for divorce is being made under the Divorce Act.
• Confirmation that the divorce is not for immigration or fraudulent purposes

How It’s Used

• Filed as part of the final divorce application, especially in a desk divorce (no court appearance).
• Reviewed by the judge before issuing a Divorce Judgment.
• Must be signed in front of a commissioner or notary and submitted with supporting documents.

Important Notes:

• It must be truthful—lying in an affidavit is perjury, a serious criminal offence.
• You can usually download standard forms from your provincial court website (e.g., Saskatchewan Court of King’s Bench).
• Some provinces call it an Affidavit of Applicant or Affidavit for Divorce Judgment.