Family Law

Affidavit of Service (Form 6B) – Guide and Download

What is the Affidavit of Service (Form 6B)?

The Affidavit of Service (Form 6B) is a crucial legal document in Ontario’s family court system. It serves as a sworn statement confirming that court documents have been delivered to the appropriate party, whether it is your spouse, partner, or another involved individual. This affidavit ensures that everyone is properly informed about court proceedings, a fundamental aspect of fairness and transparency in Ontario’s judicial process.

Definition of Form 6B

Form 6B is a standard form under Ontario’s Family Law Rules, used to verify the successful service of legal documents related to family court matters. The person responsible for delivering these documents—referred to as the “server”—must complete and sign the form under oath. The document is then filed with the court as proof that all required materials were delivered to the intended recipient.

Significance in the Ontario Family Court Process

The Affidavit of Service plays a critical role in ensuring that court proceedings are not delayed or dismissed due to improper service of documents. Key points about its importance include:

  • Transparency: It ensures the recipient is aware of the legal proceedings and has an opportunity to participate.
  • Accountability: Courts require proof of service to confirm that the legal process has been followed correctly.
  • Avoidance of Delays: If documents are not properly served, cases may be postponed, leading to increased legal costs and prolonged resolutions.

Legal Foundation under Ontario’s Family Law Rules

The legal requirement for the Affidavit of Service is outlined in Rule 6 of the Family Law Rules under the Ontario Courts of Justice Act. These rules govern the proper procedure for serving documents in family law matters. According to the legislation:

  • Who Can Serve Documents: Documents must be served by someone other than the party to the case, typically a process server or another neutral third party over the age of 18.
  • Method of Service: Documents may be delivered personally, by mail, or electronically (if permitted by the court).
  • Sworn Affidavit: The individual serving the documents must provide a sworn or affirmed affidavit detailing when, where, and how the service was completed.

 

Visit the link below to download:

Download Affidavit of Service (Form 6B)

 

When is Form 6B required?

The Affidavit of Service (Form 6B) is a mandatory document in various legal proceedings within Ontario’s family court system. Below is an overview of situations where Form 6B is essential.

Legal Situations Requiring Proof of Service

  1. Divorce Proceedings
    • Form 6B is required when serving documents related to divorce applications, whether they involve a contested or uncontested divorce. Examples include serving the Application for Divorce or any related motions.
    • Proper service ensures that the other party is informed of the legal action and has an opportunity to respond, which is a legal right under Ontario’s Family Law Rules.
  1. Custody and Support Applications
    • When applying for child custody, child support, or spousal support, serving documents such as financial statements or custody affidavits is mandatory.
    • Form 6B verifies that these crucial documents have been delivered to the other parent or guardian, enabling the court to proceed with the case.
  1. Other Family Court Matters
    • Form 6B is also required in a range of additional family law cases, such as applications for restraining orders, separation agreements, or property division disputes.
    • In any situation where Ontario family law mandates the delivery of legal documents, Form 6B acts as evidence that the service process has been completed properly.

 

How to Complete Form 6B in Ontario

Below is a step-by-step guide to filling out Form 6B, along with common mistakes to avoid.

Step-by-Step Breakdown


Parties Involved

  • Clearly identify the applicant (the person initiating the legal action) and the respondent (the person receiving the court documents).
  • Include full legal names as they appear on the official court documents.

 

Details of Service

  • Date, Time, and Location:
    Record the exact date, time, and address where the documents were served. These details establish the timeline and location for the court’s reference.
  • Method of Service:
    Specify how the documents were delivered, such as:

    • Personal Service: Handing the documents directly to the respondent.
    • Mail: Sending documents via Canada Post.
    • Courier: Using a professional courier service.
    • Electronic Service (if permitted by the court): Providing documents through email or other electronic means.

 

Document Description

  • Clearly list all documents that were served. Examples include:
    • Form 8A (Application for Divorce)
    • Notice of Motion
    • Financial Statement
  • Ensure the descriptions are accurate and match the document titles as filed with the court.

 

Affidavit Section

  • Sworn Statement:
    The person who served the documents (the “server”) must provide a sworn or affirmed statement, including:

    • Their name and role (e.g., process server or third-party individual over 18 years old).
    • A detailed account of the service.
  • Notarization:
    The form must be signed before a commissioner of oaths or notary public. Without proper notarization, the affidavit is invalid.

 

 

Filing Form 6B with the Court

Here’s a detailed guide on where and how to file the Affidavit of Service (Form 6B), as well as information about any associated fees.

Where to File

  • Submit Form 6B to the Appropriate Court
    The completed Form 6B must be filed with the Ontario court handling your legal case. This could be the Superior Court of Justice or the Ontario Court of Justice, depending on the nature of your case (e.g., divorce, child custody, or support applications). Ensure that you file the form at the correct court location listed on your case documents.
  • Timely Filing
    Filing Form 6B must be completed within the timeline set by Ontario’s Family Court rules. Delayed filing can lead to postponements or complications, such as having to repeat the service process.
    • Tip: Verify your case’s specific deadlines in the Family Law Rules or consult with a legal professional for guidance.

Associated Fees

  • Notarization Fees – Before filing, the Affidavit of Service must be sworn or affirmed in front of a commissioner of oaths or notary public. Some notaries charge a fee for this service, which can range from $10 to $30 depending on the provider. If using a process server, notarization may be included in their service package.
  • Filing Fees – In most cases, there are no additional fees for filing Form 6B itself with the court. However, it’s essential to confirm this with the court clerk, as fees may vary based on the nature of your case.
  • Additional Costs – If you hire a process server to deliver documents, they may charge for their services. These costs typically range between $50 and $150, depending on the service provider and the complexity of the delivery.
Yahia Khan