There are two Financial Statement forms that are used in court proceedings, arbitrations and mediations: Form 13 and Form 13.1. Which form you use depends on what issues are being mediated and/or arbitrated.
Financial Statement (Support Claims) Form 13
Financial Statement (Support Claims) Form 13 is used if the issues include child and/or spousal support, but no property issues.
Financial Statement (Property Claims) Form 13.1
Financial Statement (Property Claims) Form 13.1 is used if the issues include child and/or spousal support, as well as property issues such as the possession and division of property. Form 13.1 is also used if there are property issues, but no support issues.
These instructions relate to completing Financial Statement (Property Claims) Form
13.1.
Spouse and Lawyer Information
In the boxes where indicated fill in the full legal names and addresses of you and your spouse, and the names and addresses of your respective lawyers, if represented.
Section 1
Section 1 asks you to provide your full legal name, which includes your middle names, and the place where you live. While the wording asks for your municipality, all that is needed is the name of the city or the town that you live in and the province. For example: Toronto, Ontario.
You are then asked to indicate how many pages your Financial Statement is. You won’t know this until you have fully completed the Statement.
Section 1 then asks you to give the date for which the information you are providing is accurate. This is usually the date you complete the form. However, rather than an exact date, you can list the month and year, provided it is the same month as the month in which you are completing the form.
You then have to click off the box marked “me”.
1

Part 1: Income
Part 1 asks for information about your income for a period of one year. Fill in the dates of the most recent 12 month period for which you received income, and state the gross amount of all income and other money that you receive from all sources, whether taxable or not. You can either input the dates for the last calendar year or if you know how much your income will be for the current year, the dates for the current calendar year.
This Part asks for your monthly income. You need to give the actual amount if you can.
To get a monthly figure you must multiply weekly income by 4.33 or divide yearly income by 12.
Part 1 lists a number of examples of types of income that you can receive including income from employment, from employment insurance, and rental income. If you do not see listed a type of income or other money amount that you receive, describe this income/money in box 16: Other.
Part 2: Other Benefits
Part 2 asks about other benefits that you receive. These are non-cash benefits, such as the use of a company car, a club membership or room and board that your employer or someone else provides for you. They can also include benefits that are charged through or written off by your business, for example, vacations and food expenses.
You need to include details about these benefits and their estimated monthly market value. For example, if your employer leases a car for you and the lease costs $500.00 per month, then include $500.00 per month in the box marked “Monthly Market Value”.
Line 19 asks you to add up your gross monthly income and benefits. I have special computer software for completing Financial Statements, so you need not worry about making any of the calculations requested throughout the Financial Statement.
Part 3: Automatic Deductions from Income
Part 3 asks you to list what your automatic deductions are from your income. You will need to use the same 12 month period that you used in Part 1.
Part 3 lists a number of examples of types of deductions, for example income tax deducted from pay, Canada Pension Plan and employment insurance. If you do not see listed another type of deduction you may have, describe this deduction in box 26: Other.
Line 28 asks you to add up your net monthly income which equals line 19 minus line 27, being the total of your automatic deductions. Don’t worry: my special computer software will do this calculation for you.
2

Part 4: Total Expenses
Part 4 requires you to fill in detailed information about your monthly expenses for the same 12 month period listed in Part 1. You are to fill out your total living expenses, including any expenses for any children living in your home.
Do your best to fill in accurate amounts. To do this, you will likely need to consult your bills and statements. If the cost of one of your expenses varies from month to month, for example your telephone bill, than put in an average amount for that expense.
You will note that Part 4 is divided by type of expense. In the section marked Food,
Clothing and Transportation, at line 48, if you are leasing your car and not financing it, put in the monthly amount of the lease and write in brackets beside “payments” the word
“lease”.
Note: do not fill out line 77 if you are including a credit card debt in Part 8 of the
Financial Statement as Part 8 asks you for the monthly amount you are paying on account of your credit card debt.
At the bottom of Part 4 you are asked to subtract your monthly expenses from your net monthly income. This will indicate whether you have a surplus or a deficit of income each month. Don’t worry: my special my computer software will do this calculation for you.
Part 5: Other Income Information
Part 5 asks you for other income information. Section 1 asks for information about your employment.
If you are employed, you need to provide the name and address of your employer. If you are self-employed, you need to list the name and address of the business that you are carrying on. If you are not employed, you need to indicate the last date you were employed.
Section 2 requires you to attach the following documents with respect to your income:
 a copy of your Income Tax Returns that were filed with the Canada Revenue
Agency for the past 3 taxation years, together with a copy of all material filed with the returns and a copy of any Notices of Assessment or Re-assessment that you have received from the Canada Revenue Agency for those years; or
 a statement from the Canada Revenue Agency that you have not filed any
Income Tax Returns for the past 3 years; or
 a direction in Form 13A signed by you to the Taxation Branch of the Canada
Revenue Agency for the disclosure of your Tax Returns and Notices of
Assessment to the other party for the past 3 years.
3

If you have your Tax Returns and Notices of Assessment or can get them from your accountant, it is best to provide these rather than relying on Form 13A.
Part 5 then asks you to provide proof of your current income. You should attach a copy of your pay cheque stub, employment insurance stub, worker’s compensation stub, pension stub or another document that proves your current income.
Part 6: Other Income Earners in the Home
Part 6 asks for information about other income earners that are living in your home. You only need to complete this part if one of the issues you are submitting to mediation and/or arbitration is spousal support.
In line 1 or 2 you need to indicate whether you are living with another person, for example, a common law spouse, same sex partner, roommate or tenant. If you complete line 2 you will need to complete lines 3 to 6.
If in line 6 you are not sure how much the other person living in your household contributes per month, just include an estimate.
Part 7: Assets in and out of Ontario
In Part 7 you need to provide the date of your marriage, the date you and your partner separated and the date you and your partner commenced cohabitation if different from your date of marriage.
This part asks for information about ALL assets that you own and for the value of these assets on the date of marriage, the valuation date (being the date you and your spouse separated), and the date you sign your Financial Statement.
You need to be honest about the property you own. If you have a house and a bank account in the Cayman Islands, for example, you need to list them. Otherwise, you could end up with a long, protracted battle with your spouse trying to prove that you own this asset and you trying to deny its existence. The truth will likely come out, so it is not worth lying about your assets.
For some of your assets it may be difficult to determine its market value. So just list an estimated market value. However, if it is a valuable asset such as a house or a business, you will likely need to obtain a valuation of that asset.
Note: sometimes parties disagree as to the valuation date. Depending on the asset and the market, this can greatly affect the market value of the asset. For example, a stock may be worth $20.00 on December 1, 2006 when you claim you and your spouse separated, but may be worth $12.00, because of a downturn in the market, on the date that your spouse claims you separated.
4

Part 7(a): Land
You need to include any interest in land owned by you on the dates in each of the columns. This includes leasehold interests and mortgages. Include the estimated market value of your interest, but do not deduct mortgages or disposition costs as mortgages and costs should be listed in Part 8: Debts and Other Liabilities.
You need to indicate the percentage of your interest. If you owned the property as a joint tenant or a tenant in common with someone else, you will have a 50% interest in that property. If the property is held solely in your name, than you have a 100% interest in that property.
Part 7(b): General Household Items and Vehicles
In this Part you can just list household goods, furniture, electronics, sport and hockey equipment, etc. that are particularly valuable. For example, you don’t need to list your cutlery unless you have genuine silver cutlery of significant value. If you have a dinning room set from IKEA you probably don’t need to list it. But if the dinning room set is antique oak, it may have significant value.
You need to list the estimated market value of these items in each of the columns and not the cost to replace the items. To get the estimated market value, it is helpful to look for the same or similar items on eBay or other websites that sell used property. You need to indicate whether or not the item is in your possession. As well, for cars, boats and vehicles you need to list their make and model.
Part 7(c): Bank Accounts, Savings, Securities and Pensions
In this Part you need to include any and all bank accounts that you have, whether owned solely or jointly, as well as other monetary assets such as your RRSPs, stocks, bonds, pensions, mutual funds and term deposits. List the item by categories. For example, list of all your bank accounts first, then your RRSPs, etc.
If you can obtain the actual value of the asset, i.e. from a bank statement, include this in the appropriate column, rather than make an estimate. Otherwise, give your best estimate of the market value of the asset, if it was to be sold on the open market, in each of the columns.
Part 7(d): Life & Disability Insurance
In this Part you need to list all your life and disability insurance policies now in existence on the dates in each of the columns. Note that not all your policies will have a cash surrender value.
Part 7(e): Business Interests
5

In this Part show any interest in an unincorporated business owned on the dates in each column. An interest in an incorporated business may be shown here or under “Bank
Accounts, Savings, Securities, and Pensions” in Part 7(c). Give your best estimate of the market value of your interest. If your interest is considerable, you will likely be required to obtain a valuation of the business by a professional valuator.
Part 7(f): Money Owed to You
In this Part you need to give details of all money that other persons owe to you on the dates in each of the columns. The money can be owed to you for business reasons or from personal dealings. Include here any judgments in your favour, any estate money and any income tax refunds you know are owed to you.
Part 7(g): Other Property
In this Part list all other property or assets owned on the dates in each of the columns that you have not already listed in Parts 7(a) through (f). Give your best estimate as to their market value.
Part 8: Debts and Other Liabilities
Part 8 requires you to list all of your debts and other liabilities in each of the columns.
This may include mortgages, lines of credit, credit card debts, accounts payable, unpaid legal or professional fees arising from your separation and/or divorce, monies owed to
Canada Revenue Agency and contingent liabilities such as guarantees or warranties given by you. You should list then by category. For example, all mortgages, than all lines of credit, etc. If the amount owing is contingent, indicate this.
If you can, obtain the amount owing from your statements with respect to each debt or other liabilities.
Part 9: Property, Debts and Other Liabilities on Date of Marriage
In Part 9 you need to list the value of your property, debts and other liabilities as of the date of your marriage. Do not include the value of the matrimonial home that you owned on the date of marriage if this property is still a matrimonial home.
You will then need to determine your net value of property owned on the date of marriage, by subtracting the value of your debts and liabilities from the value of your property. Don’t worry: my special computer software will do this calculation for you.
Once this is done, you will need to add the net value of property you owned on the date of marriage to the total value of your debts and other liabilities listed in Part 8. Again, my special computer software will do this calculation for you.
Part 10: Excluded Property
6

In this Part list by category the value of all property you owned on the valuation date that is excluded from the definition of “net family property”. These include:
(a) The value of property owned on the valuation date, other than a matrimonial home, that was acquired by gift or inheritance from a third person after the date of the marriage;
(b) The value on the valuation date of income from property you owned on the valuation date that was acquired by gift or inheritance from a third person after the date of the marriage, if the donor or testator has expressly stated that it is to be excluded from your net family property;
(c) The value on the valuation date of damages or a right to damages for personal injuries, nervous shock, mental distress or loss of guidance, care and companionship or the part of a settlement which represents those damages;
(d) The value on the valuation date of proceeds or a right to proceeds of a life insurance policy as defined in the Insurance Act, that are payable to you on the death of the life insured; and
(e) The value on the valuation date of property owned by you that you and your spouse have agreed by a domestic contract is not to be included in your net family property.
Part 11: Disposed of Property
In this Part list the value of all property that you disposed of during the two years immediately preceding the making of this Financial Statement, or during the marriage, whichever period is shorter.
Part 12: Calculation of Net Family Property
To calculate your net family property you must list the value of all property you owned on the valuation date (line 90), subtract the value of all your deductions (line 93) and subtract the total value of your excluded property (line 94). Don’t worry: my special computer software will do this calculation for you.
At the end of the Financial Statement you will need to indicate whether you expect any changes to your financial situation. If so you need to describe the expected changes. You can also attach a proposed budget to the Financial Statement. This is essentially Part 4, with the heading “Total Expenses Proposed Budget”.
As the Financial Statement is a sworn Statement I will have you sign it either in front of me, or your lawyer if you are represented.
7