What You Need, and What to Do If You Don’t Have Them
If you’re separated or divorced and looking to buy a home, refinance, or renew your mortgage, you’ve probably already realized:
“This process isn’t just about credit scores and down payments—it’s about paperwork.”
And one set of documents that catches a lot of people off guard?
Divorce documentation.
So let’s walk through what lenders are actually asking for, why it matters, and what you can do if you don’t have formal divorce paperwork.
Why Lenders Care About Divorce Documents
Divorce Documents Lenders Typically Want
“But I Don’t Have Any Divorce Paperwork…”
Enter: The Statutory Declaration
What Should a Statutory Declaration Include?
When Is a Statutory Declaration Enough?
Why Lenders Care About Divorce Documents
When you’re applying for a mortgage, the lender needs a full picture of your financial life.
And if you’ve ever been married, that includes knowing:
- Whether you’re still legally married
- If you’re separated, when the separation began
- Whether there are any child or spousal support obligations
- If you’re still tied to your ex financially (joint debts, co-owned property, etc.)
Without clear documentation, a lender can’t accurately assess your ability to take on new debt—or protect themselves from legal complications.
Required Documents at the Time of Divorce
The following is a list of documents that typically get generated as a result of getting divorced:
| Document | Who Provides It | Required When |
| Marriage Certificate | Applicant | Always |
| Separation Agreement | Either/both | If one exists |
| Financial Statement (Form 13/13.1) | Both | If support or property is involved |
| Support Calculations (child/spousal) | Both | If support is relevant |
| Custody/Parenting Plan | Both | If children under 18 |
| Property Division Details | Both | If equalization is involved |
| Affidavit of Service | Applicant | Always (if not joint divorce) |
Divorce Documents Lenders Typically Want
Depending on your situation, you might be asked for one or more of the following:
| Document | Purpose |
| Separation Agreement | Outlines how assets, debts, and custody/support are handled |
| Divorce Order or Divorce Certificate | Confirms the marriage is legally ended |
| Child or Spousal Support Documents | Verifies monthly obligations or income |
| Property Settlement Documents | Shows who keeps or sells any shared real estate |
| Proof of Support Payments | Often 3 months of bank statements or court orders |
“But I Don’t Have Any Divorce Paperwork…”
This is more common than you think. You could have been divorced a while ago or somehow your documents just got lost or Maybe:
- You’ve been separated for years, but never filed
- You and your ex agreed on everything informally
- You’re still legally married, but living completely separate lives
Whatever the reason, you’re not out of options.
Enter: The Statutory Declaration
A Statutory Declaration (often called a Stat Dec) is a sworn legal document where you formally declare facts—like the date of separation, the absence of legal obligations, or that no support is paid or received.
It’s like saying:
“Here’s my situation. I don’t have formal documents, but I’m declaring the truth, under legal penalty, and here’s my signature to prove it.”
What Should a Statutory Declaration Include?
A solid Stat Dec should clearly state:
- Your full name and current address
- The date of separation
- That you’re no longer in a spousal relationship
- Whether child or spousal support is being paid or received
- Whether you share any debts or property with your ex
- That this information is true to the best of your knowledge
Example:
“I, Sarah Thompson, residing at 123 King Street, Oshawa, Ontario, solemnly declare that I have been separated from John Thompson since March 10, 2020. We have no legal separation agreement, I do not pay or receive any support, and we have no jointly owned assets or liabilities.”
Who Needs to Witness It?
To make it official, the Statutory Declaration must be signed in front of one of the following:
- A Commissioner of Oaths (many lawyers and some bank managers)
- A Notary Public
- A Justice of the Peace or authorized court clerk
They’ll sign, date, and stamp it—and now it holds legal weight.
Important: Making a false Stat Dec is perjury. So don’t “wing it.” Be truthful.
When Is a Statutory Declaration Enough?
Most lenders will accept a Statutory Declaration if:
- There’s no formal separation or divorce agreement, and
- There are no support payments or shared debts, or
- Support payments are informal but can be proven with bank statements
It’s not a “get out of paperwork free” card, but it shows lenders that:
- You understand your obligations
- You’re not hiding financial liabilities
- You’re willing to declare your situation under legal oath
Final Thoughts from a Mortgage Agent
Divorce doesn’t need to stop your mortgage journey. But you do need clarity and honesty in your application.
If you’re separated or divorced—and missing formal documents—talk to me early. I’ll help you decide whether:
- We can proceed with a Statutory Declaration
- You need to finalize legal paperwork
- Or you may need to involve a lawyer to clear up joint obligations
I am here to help—let’s make your new start financially clean and lender-approved.
