How to File Affidavit for Filing Domestic Contract

How Do You Complete Form 26B?

To complete Form 26B, identify the agreement and parties, accurately transfer the relevant child or spousal support information, attach the contract, and complete the affidavit requirements.

The current form is only two pages, but the information should be checked carefully because Form 26B is an affidavit.

How to Complete Form 26B Step by Step

1. Confirm that Form 26B is the correct form

Start by identifying what you are filing. The current Form 26B covers a marriage contract, cohabitation agreement, separation agreement, or paternity agreement.

Depending on the document involved, you may also want to review information about a separation agreement in Ontario, cohabitation agreement, or prenuptial agreement before proceeding.

If the document is a family arbitration award for support, a different Ontario form may apply.

2. Use the current version of Form 26B

Obtain the form from Ontario Court Services rather than relying on an old saved copy. The current version is dated May 26, 2025 and has been effective since May 1, 2026.

3. Gather the domestic contract and support information

Have the complete agreement available while filling out Form 26B. You may need information about:

• The support recipient
• The support payor
• Child support
• Children covered by the agreement
• Special expenses
• Income figures identified in the agreement or required by the form
• Spousal support
• Any applicable support termination date

4. Complete the court and party information

The form asks for the name of the court, court office address, and court file number where applicable.

It also contains sections for the recipient and payor, including their full legal names and addresses for service. Lawyer information can also be entered where applicable.

5. Identify the type of domestic contract

Select the appropriate box for the agreement being filed and attach a copy.

The agreement attached should be the document that accurately reflects the support terms being relied upon.

6. Complete the child support information, if applicable

Form 26B asks for details including:

• Who pays child support
• Who receives it
• The monthly amount
• The names and birthdates of the children
• Specified special expenses
• Gross annual income information used for the support provisions

Figures should be taken carefully from the agreement and relevant information. Do not estimate an amount simply to complete a blank field.

7. Complete the spousal support information, if applicable

The second page asks who pays and receives spousal support, the monthly amount, and the termination date if one applies.

8. Confirm whether the agreement is still unchanged

Form 26B includes a sworn statement that the contract has not been set aside or disregarded by a court and has not been changed by agreement of the parties.

This is especially important where the parties signed amendments, replacement agreements, minutes of settlement, or later documents affecting support.

If an agreement has been changed, our guide to amending a separation agreement in Ontario explains some of the issues that may arise.

If you are unsure which version governs, legal advice may be appropriate before filing an affidavit stating that the agreement has not changed.

9. Have the affidavit properly signed

Form 26B should not simply be signed like an ordinary application form.

What Should You Check Before Signing Form 26B?

Before swearing or affirming the affidavit, compare the form against the domestic contract.

Check:

• Full legal names
• Recipient and payor information
• The correct type of agreement
• Child support amount
• Children’s names and birthdates
• Listed special expenses
• Income information
• Spousal support amount
• Any support termination date
• Whether the original contract was later amended or replaced

What Documents Do You File With Form 26B, and Where Do You File Them?

What Documents Do You File With Form 26B?

At minimum, the current form requires the filer to attach a copy of the applicable domestic contract. The Form 26B itself must also be completed and properly sworn or affirmed.

Therefore, the basic filing package generally centres on:

1. The completed Form 26B
2. The attached domestic contract
3. Any additional filing material required by the court or filing method in the particular circumstances

Do not assume that a Family Responsibility Office registration package must simply be attached to Form 26B. Court filing and registration for FRO enforcement are related but separate procedural steps.

If the agreement has been changed since it was originally signed, do not automatically attach only the original version and proceed. The wording of Form 26B requires the filer to address whether the contract has been changed.

Where Do You File Form 26B in Ontario?

Under section 35 of the Family Law Act, a party may file a domestic contract with the clerk of the Ontario Court of Justice or the Family Court of the Superior Court of Justice.

The correct filing location depends on the applicable court and municipality.

For someone in Toronto or the GTA, this means identifying the family court that has jurisdiction for the filing rather than sending Form 26B to an arbitrary Ontario courthouse. Our overview of family court in Ontario provides additional background on the family court system.

Ontario also provides electronic filing options for many family-court documents. The Ontario Courts Public Portal currently supports court services in the Toronto region, while Ontario maintains separate family-document filing services and procedures for other regions.

Because electronic filing availability can depend on the document, court and region, check the current Ontario filing instructions before choosing an online submission method.

Ontario’s public guidance concerning written child-support agreements also directs people filing a domestic contract to submit a copy of the written agreement and completed Form 26B to the court.

Can Form 26B Be Filed by Mail or in Person?

Ontario’s guidance for filing written child-support agreements identifies mail or in-person filing as available methods. Electronic filing may also be available through the applicable current family-court filing service.

Before mailing documents, confirm the appropriate courthouse and any current submission requirements. Filing at the wrong court location can delay acceptance or require the documents to be resubmitted.

Is There a Fee to File Form 26B?

The Form 26B itself does not list a filing fee. Ontario family-court fees can depend on the court and type of proceeding, so a general family application fee should not automatically be treated as the fee for Form 26B.

Before filing, check the current Ontario family-court fee information or confirm the requirement with the relevant court office.

This is particularly important because fee rules can differ between proceedings in the Ontario Court of Justice and matters handled through the Superior Court of Justice.

What Should You Keep After Filing?

Keep a complete copy of everything submitted, including:

• The completed Form 26B
• The domestic contract
• Any amendments or related documents that formed part of the filing
• Proof that the documents were accepted or filed

These records may become important if support is later enforced, changed, disputed, or registered with the Family Responsibility Office.

Filing the contract is also not necessarily the final procedural step. If the goal is support enforcement, additional action may be required after the court accepts the domestic contract.

What Happens After Form 26B Is Filed?

Filing Form 26B places the domestic contract with the court for the purposes permitted under Ontario law. It does not necessarily complete every step needed for support enforcement.

What Happens Once the Court Accepts Form 26B?

Once the court accepts the documents for filing, the domestic contract becomes a filed domestic contract and a court file number can be assigned where required.

If the purpose is to have the Family Responsibility Office (FRO) enforce child or spousal support, the court filing is the first step. After the court accepts the Form 26B filing and assigns a court file number, the person seeking FRO enforcement must complete the separate Family Responsibility Office registration process.

The person filing should retain copies of:

• The accepted Form 26B
• The filed domestic contract
• The court file number
• Confirmation or proof of filing
• Any later FRO registration documents

These records can be important if support is later changed, enforced, or disputed.

Does Filing Form 26B Automatically Register the Agreement With FRO?

No. Filing Form 26B with the court and registering the support provisions with FRO are separate steps.

For FRO enforcement, the domestic contract must be filed with the court first. After acceptance, the person must complete an FRO registration package and send it to FRO with copies of the Form 26B affidavit and domestic contract.

This distinction is important because court-made child and spousal support orders are generally sent to FRO by the court. A privately negotiated domestic contract does not enter the FRO enforcement system in exactly the same way.

If FRO accepts the registration, it can collect, distribute, and, when necessary, enforce the support payments covered by its authority.

Does Filing Form 26B Enforce Every Part of the Agreement?

No. The legal effect of filing should not be confused with converting an entire separation agreement or other domestic contract into a new court order.

Section 35 of Ontario’s Family Law Act permits a party to file a domestic contract with the court, while the Form 26B process specifically addresses the treatment of support provisions.

A domestic contract may contain many other terms, including:

• Property division
• Responsibility for debts
• Parenting arrangements
• Possession or sale of property
• Other financial obligations

Filing Form 26B does not mean every disagreement about these provisions will automatically be resolved through support enforcement procedures.

A separate court process may be necessary if one party wants to enforce, change, interpret, or set aside another part of the domestic contract.

Can Form 26B Be Rejected or Returned?

Yes. A submission can be rejected if it does not satisfy the applicable filing requirements.

For documents submitted through Ontario’s online family-court filing system, court staff review the submission to determine whether it is accepted or rejected for filing. A submission confirmation alone does not mean the documents have already been filed with the court.

Potential problems include:

• Using an outdated or incorrect form
• Leaving required Form 26B information incomplete
• Failing to attach the domestic contract
• Submitting an unsigned affidavit
• Failing to have the affidavit properly sworn or affirmed
• Entering support information that does not match the attached agreement
• Failing to address a later change to the agreement

Ontario currently lists Form 26B: Affidavit for Filing Domestic Contract with Court, dated May 26, 2025 and effective May 1, 2026. Checking the official forms site before filing helps avoid using an obsolete version.

Common Form 26B Mistakes to Avoid

Several errors can create unnecessary filing or enforcement problems.

Using an old Form 26B: Ontario court forms change. Always confirm that you are working from the current official version before completing the affidavit.

Attaching the wrong agreement: If several agreements or amendments exist, determine which document currently governs the support obligation before filing.

Entering incorrect support figures: Child support, special expenses, spousal support, income information, and termination dates should accurately reflect the relevant agreement.

Signing Form 26B incorrectly: Because Form 26B is an affidavit, it must satisfy the applicable signing and commissioning requirements.

Assuming filing starts FRO enforcement automatically: A person seeking FRO enforcement of a domestic contract must complete the additional FRO registration process after the court filing is accepted.

Treating filing as a solution to every dispute: Form 26B does not automatically decide disagreements about the validity, meaning, amendment, or enforceability of other contractual terms.

When Should You Speak With an Ontario Family Lawyer?

Legal advice may be particularly useful when the filing is more complicated than submitting an unchanged agreement containing clear support terms.

Consider speaking with an Ontario separation lawyer if:

• More than one separation agreement or amendment exists
• You are unsure which agreement currently applies
• Child or spousal support wording is unclear
• The parties disagree about whether the agreement was changed
• Significant support arrears have accumulated
• You want to change the support obligation
• The other party disputes the validity of the agreement
• FRO enforcement has created a separate dispute
• One party lives outside Ontario

Changing support can require a different legal process from simply filing Form 26B.

If you are unsure whether the agreement itself accurately reflects the parties’ current arrangements, a separation agreement review lawyer can help review the document and related amendments before further steps are taken.

A Toronto family lawyer can also help determine the correct procedural step for someone filing in Toronto or the GTA. However, the underlying Form 26B framework is based on Ontario law and is not unique to Toronto.

Form 26B FAQs and Final Takeaway

Can I File Form 26B Myself in Ontario?

Yes. A party to a domestic contract can generally file it with the court. Legal advice may help if support terms or amendments are unclear.

Do Both Spouses Have to Attend Court to File Form 26B?

No. Section 35 permits a party to file the contract. In-person attendance by both parties is not generally required merely to make the filing.

Can I Use Form 26B to File a Family Arbitration Award?

No. Ontario now provides Form 26D specifically for filing a family arbitration award for support, effective May 1, 2026.

What If My Separation Agreement Has Been Changed Since It Was Signed?

Do not assume the original agreement can simply be filed unchanged. Form 26B requires confirmation about whether the contract has been changed by agreement.

Need help understanding or filing a domestic contract in Ontario? Contact BTL Law to speak with a Toronto family lawyer about your situation.