1. Personal Information
Full legal name, date of birth, and contact information for both parties.
Date of marriage, if applicable.
Details of your separation, including the date of separation.
2. Income Information
Provide documents for the most recent 3 years (if available), along with current income details:
T4 slips (for employees) or T1 General tax returns (for self-employed individuals) for the last 3 years.
Notice of Assessment (from CRA) for the last 3 years.
Pay stubs from the last 3 months (or last 6 pay periods).
Income from self-employment: financial statements or business tax returns (for corporations, partnerships, etc.) for the last 3 years.
Other sources of income, such as rental income, investments, child or spousal support received, etc.
Pension and retirement income: statements showing contributions and the current value of pension plans, RRSPs, RRIFs, or other retirement savings accounts.
Social benefits: proof of any government benefits received, including Employment Insurance (EI), Canada Pension Plan (CPP), disability benefits, etc.
3. Property Disclosure
Provide details of all assets and debts as of the date of separation, as well as an indication of the current value (and any recent changes to value).
Real estate: Copies of recent property appraisals or market evaluations for any real estate, including matrimonial homes or investment properties. Include the address, market value, outstanding mortgages, and any other encumbrances.
Bank accounts: Bank statements for all accounts (checking, savings, joint, etc.) from the last 3 months. Include details of the balance and account holders.
Investments: Documentation for all investments (stocks, bonds, GICs, mutual funds, etc.), including statements from investment accounts, brokerage accounts, and any other holdings.
Vehicles: Registration and market value of all vehicles owned, leased, or financed.
Business ownership: If you own or are a shareholder in any business, provide details of the business structure, ownership, financial statements, or tax filings for the last 3 years.
Personal property: List and values of valuable personal items (e.g., jewelry, art, collectibles, etc.).
Life insurance: Policy details, including the value of any life insurance policy, beneficiaries, and whether the policy has a cash surrender value.
Pension plans and retirement accounts: Statements showing the value of any employer pension plans, RRSPs, or other retirement savings accounts as of the date of separation.
4. Debts and Liabilities
List and provide documentation for all liabilities as of the date of separation, including:
Mortgages: Details of any mortgages on real property, including outstanding balances, interest rates, payment schedules, and the lender.
Loans: Documentation for personal loans, car loans, student loans, lines of credit, and any other outstanding debts, including credit cards.
Credit cards: Statements showing outstanding balances and minimum payments.
Tax liabilities: Any outstanding income tax balances, CRA assessments, or amounts owed.
5. Child and Spousal Support
Child support: If applicable, provide details of any existing child support orders, agreements, or payments being received or paid.
Spousal support: If applicable, provide details of any current spousal support orders, agreements, or payments being received or paid.
6. Tax Considerations
Tax filings: Provide tax returns for the last 3 years, including both the tax return (T1 General) and the Notice of Assessment from the CRA.
Taxable benefits: Details of any taxable benefits, including employer benefits or support received from others.
Support payments: Documentation regarding any support payments being made or received, including child or spousal support.
7. Ongoing or Pending Legal Matters
Family law matters: Provide details of any ongoing or pending family law cases, including court orders or agreements that may affect your financial situation.
Other litigation: If there are any other legal matters (e.g., personal injury claims, bankruptcy, civil suits) that may impact your financial situation, provide the relevant details.
8. Additional Documents for Specific Situations
If you have any unique financial circumstances, you may need to provide additional documentation:
Pre-nuptial or post-nuptial agreements: Copies of any marital agreements, including prenuptial, postnuptial, or cohabitation agreements that may affect property division or spousal support.
Gifts or inheritances: Documentation showing any gifts or inheritances received, especially those that may be excluded from property division under Ontario law.
Income or assets of a new partner: If applicable, provide information on any new partner’s income or assets that may be relevant in determining support obligations or lifestyle considerations.
9. Financial Statements
Financial Statement (Form 13 or Form 13.1): A sworn statement of your financial circumstances is typically required in family law matters. This form requires detailed information about your income, expenses, assets, and liabilities.
Conclusion
This checklist provides an overview of the financial disclosure documents that are typically required in Ontario family law matters. The purpose of financial disclosure is to ensure that both parties have a clear understanding of the financial situation, which can aid in resolving issues like support, child custody, and property division fairly. Be sure to work closely with a family lawyer to ensure that your disclosure is thorough and accurate, as failure to provide complete financial disclosure can harm your case.
Jessica Luong is the founder and principal lawyer of J. Luong Law, a boutique family law firm with offices in Toronto and Windsor, Ontario. With experience in both courtroom advocacy and out-of-court negotiation, she offers a comprehensive approach to resolving complex family law matters. Jessica is recognized for her skill in combining strong advocacy with a client-centered approach, ensuring that her clients’ needs and best interests are always at the forefront. She can be reached by phone at (226) 256-9988 or by email at Jessica@jluonglaw.com
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