
Form 13.1: The Most Important Document in Your Case.
One error on this 10-page document can cost you thousands in Equalization or destroy your credibility. A line-by-line guide to getting it right.
Legal Review: This disclosure guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Rule 13 of the Family Law Rules (2026).
Too Busy to Read? The 30-Second Answer
What is it?
Form 13.1 is a sworn affidavit detailing your Income, Expenses, Assets, and Debts.
The Difference:
- Form 13:Used ONLY for Support claims (no property division).
- Form 13.1:Used for Property Division (Equalization) AND Support claims. If you own a home or have a pension, you need 13.1.
The Stakes:
It is "Sworn Evidence." Lying or guessing on this form is Perjury.
The Timeline:
You must calculate asset values on three specific dates: Date of Marriage, Date of Separation (Valuation Date), and Today.
Form 13 vs. Form 13.1
Understanding which form you need
Form 13
- Support claims only
- No property division
- Simpler format
- Current values only
Form 13.1
- Property division (Equalization)
- Support claims included
- Comprehensive format
- Three-date valuation required
- Required if you own a home or pension
The "Three Date" Rule for Assets
For Property division, you cannot just list what the house is worth now. You need three snapshots:
Date of Marriage (DOM)
What did you bring into the marriage? (The Deduction). A high value here saves you money.
Valuation Date (V-Day)
The exact day you separated. This is the most critical number. If the house value went up *after* this date, you generally don't share the increase (subject to exceptions).
Today's Date
Current value. Used to show the Judge your current liquidity and ability to pay support.
What Clients Always Forget to List
Omitting assets looks like hiding assets. Don't forget these:
Points & Miles
Air Miles, PC Optimum, and Credit Card points have cash value.
Pending Tax Refunds
If the CRA owes you money, that is an asset (Account Receivable).
Crypto-Currency
Bitcoin wallets must be disclosed with transaction logs.
Director's Loans
Money your company owes you (or you owe the company).
Cash Surrender Value
Whole Life Insurance policies often have a cash value component.
Income vs. Budget
Part I: Income (The Proof)
You must attach your last 3 Notices of Assessment (NOA) and recent pay stubs. If self-employed, you need Financial Statements of your business. Do not guess. Use the exact numbers from Line 15000.
Part II: Expenses (The Budget)
This is your 'Proposed Budget.' It shows the Judge your 'Need.' Warning: If your Expenses are $10,000/month but your Income is $3,000/month, the Judge will assume you have undeclared cash income.
Disclosure Myths
The Myth
"I Can Estimate Values"
Myth: "I think the house was worth $800k back then. I'll just write that down."
The Reality
"Evidence Required"
Reality: You need proof. Retrospective Appraisals for real estate, Blackline Valuations for businesses, and official pension statements. If you guess, the other lawyer will destroy your credibility in cross-examination.
Common Questions About Form 13.1
Related Resources
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Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She has successfully litigated complex retroactive support claims involving millions in undisclosed income.
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