6 Unknown
Compiling a Simple Affidavit
Compiling refers to the process of putting an affidavit together. In the example just given, compiling is fairly simple. The numbered paragraphs of the affidavit go in front. The backing sheet goes behind. The backing sheet must face outwards so anyone turning over the affidavit can read it.
AFFIDAVIT
Affidavit
Backing
Sheet – faces
outward
Affidavit with Exhibits
As previously stated, when submitting documents into evidence, a witness must identify the document under oath. When submitting a document as evidence through an affidavit, each document is identified in the body (which is the deponent’s sworn testimony) and identified by assigning an exhibit letter.
Affidavit
AFFIDAVIT
Exhibit “A”
Exhibit “B”
Exhibit “A”
Backing
Exhibit “B”
Sheet – faces
outward
Family Law—Chapter 6
6.26
Page Numbering Exhibits
An affidavit may have more than one exhibit. Each document may have its own page numbering which makes it difficult when referring to the exhibits. If a person says to look at page 3 of an exhibit, there may be more than one exhibit with a page three.
To make things clearer, all the pages of the exhibits will have new page numbers added. Rule 10-4(10) states:
Numbering Exhibit Pages
(10) Each page of the documentary exhibits referred to in an affidavit, other than an affidavit of service, must be numbered sequentially, beginning with the first page of the first exhibit and ending with the last page of the last exhibit . . .
Jurat
The jurat can never appear on a page by itself. A part of the body of the affidavit must
appear with the jurat. Otherwise, the jurat could be attached to any affidavit and appear as if
the deponent swore that affidavit.
Apply lawyer or notary’s stamp, or type or legibly print name of commissioner below the jurat
to allow proper identification of the notary or commissioner the affidavit is sworn in front of.
Form F37 Child Support Affidavit
This affidavit is only required if there are children. Under 11(1)(b) of the Divorce Act, the court has a duty to ensure that children are properly supported. Therefore, there must be evidence on the financial situation of the parents. The court must evaluate the evidence and assess the amount of child support proposed in light of that evidence.
The Child Support Affidavit is a uniquely designed affidavit. Because similar evidence is required for most family law cases involving children, the affidavit has been standardized. For each section of the affidavit, the deponent must select the paragraphs appropriate to their situation and fill in the needed information in those paragraphs.
However, every family’s situation is different, which means there are certain situations that require additional information. If all of these situations were incorporated into the affidavit, it would be an extremely long document. In addition, because the situations are unique to different families, if they were incorporated into the affidavit, most of the situation specific sections would be left blank every time someone swears a Child Support Affidavit.
The solution is the creation of Supplementary Child Support Fact Sheets which are added to the affidavit only when needed. There are six different fact sheets.
Family Law—Chapter 6
6.27
Supplementary Child Support Fact Sheets
Fact Sheet A – Special or Extraordinary Expenses
Used if either spouse is applying for special or extraordinary expenses under s. 7 of the Guidelines. These expenses include such items as child care expenses; medical or dental insurance premiums; medical related treatment or items; or child’s educational or extra-curricular activities.
Fact Sheet B – Shared Parenting Time
Used if the spouses have shared parenting time. Shared Parenting Time is when each spouse exercises at least 40% of parenting time with a child over the course of a year.
Fact Sheet C – Split Parenting Time
Used if the spouses have split parenting time. Split Parenting Time is a situation where there are two or more children and each spouse has the majority of parenting time (more than 60%
of parenting time over the course of a year) with one or more of those children.
Fact Sheet D – Children 19 Years or Older
Used when there are children over the age of majority. When there are children over the age of majority, the court can order a different support amount than the Guideline tables. With children over the age of majority, the courts can consider both the parents’ financial circumstances and the children’s own ability to provide for their own needs.
Fact Sheet E – Undue Hardship
Used when one of the spouses wants to claim undue hardship. Undue hardship can include high debts; high costs to exercise access rights; and existing obligations to support other people (for example, children from previous marriage).
Fact Sheet F – Income over $150,000.00
Used when the income of a spouse is over $150,000.00.
The Fact Sheets are attached to the affidavit after the jurat, but before any exhibits or backing sheet. If more than one Fact Sheet is applicable, they are attached in alphabetical order.
Form F38 Affidavit – Desk Order Divorce
This affidavit is always required. It may seem like a repeat of all the facts in the Notice of Joint Family Claim, but those were unsworn statements. This affidavit provides the actual evidence of the facts in the Notice of Joint Family Claim. This is also a standardized affidavit similar to the Child Support Affidavit.
This affidavit includes the testimony necessary to support the grounds for divorce, living separate and apart. Statements as to when the couple separated, and periods of attempted reconciliation Family Law—Chapter 6
6.28
are sufficient. If the grounds for divorce are adultery or cruelty, a claimant must make a sole application.* That means that the only grounds for divorce which can be used for a joint application for divorce is living separate and apart.
Examples of the Form F37 Child Support Affidavit and Form F38 Affidavit are given on the following pages. The precedent for the Child Support Affidavit does not include any of the Fact Sheets.
*Note: In a sole application for divorce, if the grounds are adultery, corroborating evidence is needed. This may take the form of additional affidavits of other parties who have knowledge of the adultery, or transcripts where the adulterer has admitted to adultery under oath. If the grounds are cruelty, a medical report must be attached to the F38 as an exhibit.
The following pages show a template for the Child Support Affidavit with tips on how to complete the template:
Family Law—Chapter 6
6.29
This template is used to prepare a Child Support Affidavit. Insert Add in notation with
the style of proceeding, and remove all bracketed and/or information pertaining to
italicized instructions. Remove any choices that are not affidavit (see page 6.25)
included in the affidavit.
CHILD SUPPORT AFFIDAVIT
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed and or italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
We, [NAME] of [address], [occupation], and [NAME] of [address], [occupation] SWEAR (OR
AFFIRM) THAT:
Choose either SWEAR or AFFIRM.
1.
We are the Claimant 1 and Claimant 2.
Do not include both.
2.
The following is true to the best of my information and belief: (a) Parties:
Claimant 1’s name
Province of residence
Claimant 2’s name
Province of residence
(b) Children: [Where options are provided in the table to this paragraph, select whichever one of the options is correct and remove the option that has not been selected so that it does not appear in the form when the form is filed.]
Birthdate
Child now Relationship to Relations
Re hip
move to
Child’s name
Age
options not
[ dd/mmm/yyyy]
living with
claimant
respondent
chosen.
claimant 1 natural child
natural child
claimant 2 step-child
step-child
claimant 1 natural child
natural child
claimant 2 step-child
step-child
[Select whichever one of the 3 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
3.
The [notice of family claim/counterclaim] includes a claim for a child support order.
In this case, a Notice of Joint Family
Claim commences the action, and sets
out the claim for a child support order.
Family Law—Chapter 6
6.30
3.
The [notice of family claim/counterclaim] included a claim for a child support order but that claim has been withdrawn.
3.
The [notice of family claim/counterclaim] never included a claim for a child support order.
[Provide the information required under the child support guidelines (the “Guidelines”) by selecting and, if applicable, completing each of sections 4a, 4b and 4c that relates to that information, and remove each of sections 4a, 4b and 4c that does not relate to information required under the Guidelines so that that section does not appear in the form when the form is filed. If none of sections 4a, 4b and 4c is required under the Guidelines, remove sections 4a, 4b and 4c so that they do not appear in the form when the form is filed and instea Cla
d add a se
imant 1’s
ction
income is required
4d as follows: Section 4 is omitted as inapplicable.]
only if the income of one of the
claimants is over $150,000.
4a.
Claimant 1’s annual income as determined under sections 15 to 20 of the Guidelines: $ [amount]
4b.
Claimant 2’s annual income as determined under sections 15 to 20 of the Guidelines: 4b and 4c are required for the
$ [amount]
following F37.
4c.
Claimant 1 and claimant 2 have entered into an agreement as to income pursuant to section 15 (2) of the Guidelines, a copy of which agreement is attached. [ Attach a copy of the agreement to this affidavit. ]
[Select whichever one of the following 2 provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
5.
The monthly amount in Schedule 1 of the Guidelines is $[amount], payable by the
[ claimant 1 or claimant 2]
Select this option unless a Child Support Fact Sheet
is required. If a Fact Sheet is required, select the
5.
I have completed and attached to this affidavit Fact Sheet [name of Fact Sheet]
second option and the appropriate Fact Sheet.
[ Set out one or more of the following as applicable: Supplementary Child Support Fact Sheet B / Supplementary Child Support Fact Sheet C / Supplementary Child Support Fact Sheet D / Supplementary Child Support Fact Sheet E / Supplementary Child Support Fact Sheet F]
[Note: Attach Supplementary Child Support Fact Sheet B if the circumstances described in section 9 of the child support guidelines exist, attach Supplementary Child Support Fact Sheet C if the circumstances described in section 8 of the child support guidelines exist, attach Supplementary Child Support Fact Sheet D if one or more children is over the age of majority, attach Supplementary Child Support Fact Sheet E if undue hardship is alleged and attach Supplementary Child Support Fact Sheet F if at least one of the party’s income exceeds $150,000. Do not attach any Supplementary Child Support Fact Sheet unless it is one required by this note to be attached.]
[Select whichever one of the 5 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
6.
The proposed order sets out that $ [amount] is the amount of child support payable by the [claimant 1 or claimant 2], which amount accords with the child support guidelines.
Family Law—Chapter 6
6.31
6.
The proposed order by consent, pursuant to section 15.1 (7) of the Divorce Act (Canada) or section 150 (2) of the Family Law Act, sets out that $ [amount] is the amount of child support payable by the [claimant 1 or claimant 2], which amount is different than the amount required by the Guidelines.
6.
The proposed order sets out that $ [amount] is the amount of child support payable by the [claimant 1 or claimant 2], which amount is different than the amount required by the Guidelines, but the following special provisions, within the meaning of se An Agre ction 1
eme
5.1 (5
nt as to ) of
Annual
the Divorce Act (Canada), have been made: [provide details of provisions]
Income is filed in this case.
Choose this option.
6.
The proposed order sets out that $ [amount] is the amount of child support payable by the [claimant 1 or claimant 2], in accordance with the agreement referred to in section 4
(c) of this affidavit.
6.
The proposed order does not include child support but the following arrangements have been made for the support of the child: [provide details of arrangements]
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
7.
The expenses under section 7 of the Guidelines are not included in the proposed order.
7.
I have completed and attached to this affidavit Supplementary Child Support Fact Sheet A, and the amount set out in the proposed order for the expenses under section 7 of the Guidelines (“section 7 expenses”) is $ [amount].
[Select whichever one or more of the 3 following provisions is/are c Choos orrect and
e if spec
rem
ial or e ove the
xtrao
rdinary expenses
provision(s) that has/have not been selected so that it/they do(e are s) no
cla
t appear
imed.
in the form when
the form is filed.]
8a.
Medical coverage is available for the children under the claimant 1’s medical insurance plan.
8b.
Medical coverage is available for the children under the claimant 2’s medical insurance plan.
8c.
Medical coverage is available for the children under both party’s medical insurance plans.
8d.
Medical coverage is not available.
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
9.
There is no order of any court in force dealing with support of the children.
9.
Attached as Exhibit(s) [A, B, C, D, as the case may be] [is or are] the order(s) in force that deal(s) with the support of the children.
Family Law—Chapter 6
6.32
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
10.
There is no agreement dealing with support of the children.
10.
Attached as Exhibit(s) [ A, B, C, D, as the case may be] [ is or are] the written agreement(s) that deal(s) with the support of the children.
11.
The amount of arrears of child support, as at [ dd/mmm/yyyy], under any existing order or written agreement is [nil or $amount].
In a joint application for divorce, both claimants must sign the Child Support Affidavit. Include two signature blocks in the following format:
If the date the deponent will sign is
SWORN/AFFIRMED BEFORE ME )
unknown, leave blank.
Choose
either
at [city], British Columbia
)
SWEAR or
on
)
AFFIRM as
)
____________________________
selected on
) _______________________________
page 1.
A commissioner for taking
) [Full Name]
affidavits for British Columbia
[print name or affix stamp of commissioner]
After the signature blocks in the template, there are six Fact Sheets. Fill in the required Fact Sheet(s),and delete the ones you don’t need.
The following pages show an example of a completed Child Support Affidavit.
Family Law—Chapter 6
6.33
This is the 1st Affidavit
of Samantha Callum Hanna
and the 1st Affidavit of Guy Roderick Callen
in this case and was made on __________________
COURT FILE NO. E123456
COURT REGISTRY: VANCOUVER
IN THE SUPREME COURT OF BRITISH COLUMBIA
CLAIMANT 1:
SAMANTHA CALLUM HANNA
CLAIMANT 2:
GUY RODERICK CALLEN
CHILD SUPPORT AFFIDAVIT
We SAMANTHA CALLUM HANNA of 555 Palmer Street, Vancouver, British Columbia, Server, and GUY RODERICK CALLEN of 418 7th Avenue, Vancouver, British Columbia, Cook, AFFIRM THAT:
Should either be “SWEAR” or
“AFFIRM”. Select the correct one to
1.
We are Claimant 1 and Claimant 2.
respect the beliefs of the deponent.
2.
The following is true to the best of our information and belief: (a) Parties:
Claimant 1’s name
Province of residence
SAMANTHA CALLUM HANNA
British Columbia
Claimant 2’s name
Province of residence
GUY RODERICK CALLEN
British Columbia
Family Law—Chapter 6
6.34
– 2 –
(b) Children:
Child’s name
Birthdate
Age Child now
Relationship to Relationship to
[ dd/mmm/yyyy]
living with
claimant 1
claimant 2
Alyson Hannigan Callen 03 Jul 2021
5
claimant 1
natural child
step-child
3.
The Notice of Joint Family Claim includes a claim for a child support order.
4b.
Claimant 2’s annual income as determined under sections 15 to 20 of the Guidelines: $50,000.00
In this case, attach the Agreement as to Annual Income.
4c.
The Claimant 1 and Claimant 2 have entered into an agreement as to income pursuant to section 15 (2) of the Guidelines, a copy of which agreement is attached.
5.
The monthly amount in Schedule 1 of the Guidelines is $465.00, payable by Claimant 2.
6.
The proposed order sets out that $465 is the amount of child support payable by Claimant 2, in accordance with the agreement referred to in section 4 (c) of this affidavit.
7.
The expenses under section 7 of the Guidelines are not included in this order.
8c.
Medical coverage is not available for the children under either of the party’s medical insurance plans.
9.
There is no order of any court in force dealing with support of the children.
10.
There is no agreement dealing with support of the children.
Family Law—Chapter 6
6.35
– 3 –
11.
The amount of arrears of child support, as at 11 Oct 2024, under any existing Either “SWEAR” or
order or written agreement is: nil. “AFFIRM”, not
both.
AFFIRMED BEFORE ME
)
at New Westminster, British Columbia
)
on ___________________________
)
) SAMANTHA CALLUM HANNA
)
)
A commissioner for taking affidavits for
)
British Columbia
)
AFFIRMED BEFORE ME
)
at New Westminster, British Columbia
)
on ___________________________
)
) GUY RODERICK CALLEN
)
)
A commissioner for taking affidavits for
)
British Columbia
)
Family Law—Chapter 6
6.36
This template is used to prepare an Affidavit—Desk Order Divorce.
Add in notation with
Insert the style of proceeding, and remove all bracketed and/or information pertaining to
italicized instructions. Remove any choices that are not included in affidavit (see page 6.25)
the affidavit.
AFFIDAVIT — DESK ORDER DIVORCE
[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]
[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]
I, [ NAME] of [ address], [ occupation], SWEAR [OR AFFIRM] that: 1.
I am [ Claimant 1 or Claimant 2].
2.
There is no possibility of reconciliation between my spouse and me.
[ Select whichever one of the 2 following provisions is correct and remove the provision that has not been selected so that it does not appear in the form when the form is filed. ]
3.
I believe that the facts set out in the Notice of Joint Family Claim are true.
3.
I believe that the facts set out in the Response to Family Claim and Counterclaim are true.
[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]
4.
The certificate of marriage or certified copy of the registration of marriage filed in this family law case fully and correctly describes the true particulars of the marriage.
4.
It is impossible to obtain a certificate of marriage or a certified copy of the registration of marriage and instead, in accordance with section 52(1)(a) of the Evidence Act, I refer to the affidavit of [ name], a person who was present at the marriage ceremony, which affidavit is filed in this family law case.
Family Law—Chapter 6
6.37
[Select whichever one of the 4 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
5.
[ Select this provision if the grounds for divorce are separation for more than one year. ] I was living separate and apart from my spouse at the start of this family law case and I have lived separate and apart from my spouse since
[ dd/mmm/yyyy], except:.[ provide dates of any periods of attempted reconciliation]
5.
[ Select this provision if the grounds for divorce are adultery of a spouse and there has been an admission of adultery. ] My spouse has admitted to me that
[ he/she/they] committed the acts of adultery alleged in Schedule 1 of the [ notice of family claim/counterclaim] and
(a)
as corroboration I refer to [ Set out whichever one of the following is applicable: the affidavit(s) of.[ name(s)], / the transcript of the examination for discovery of.[ name] marked as Exhibit “A” to this affidavit] , (b)
I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.
5.
[ Select this provision if the grounds for divorce are adultery of a spouse and there has been no admission of adultery. ] I have no personal knowledge of the acts of adultery alleged in Schedule 1 of the [ notice of family claim/counterclaim] and (a)
in proof of the adultery committed by my spouse I refer to [ Set out whichever one of the following is applicable: the affidavit(s) of [ name(s)], /
the transcript of the examination for discovery of [ name]. marked as Exhibit “A” to this affidavit],
(b)
I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.
5
[ Select this provision if the grounds for divorce are physical or mental cruelty of a spouse. ] My spouse has treated me with physical or mental cruelty since the date of the marriage as follows: [ provide details]
6.
I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.
[ Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed. ]
Family Law—Chapter 6
6.38
7.
There are no children of the marriage as defined by the Divorce Act (Canada).
7.
There are children of the marriage as defined by the Divorce Act (Canada) and (a)
those children are [ provide the full name, age and birth date of each child of the marriage],
(b)
we have sworn a Child Support Affidavit in Form F37, and
(c)
the following arrangements for parenting have been made:[ provide details]
[Select and complete the following provision if you are seeking a change of name for yourself. If you are not seeking a change of name for yourself, remove this provision so that it does not appear in the form when the form is filed.]
8.
Pursuant to section 5 of the Name Act, I am seeking to change my name from [
] to [ ] . This application for a name change relates only to myself.
[Select and complete the following provision if you are seeking a change of name for one or more minor children. If you are not seeking a change of name for one or more minor children, remove this provision so that it does not appear in the form when the form is filed. Renumber this provision as section 8 if you are seeking a change of name for one or more minor children and have not included a section 8 immediately before this provision.]
9
Pursuant to section 5 of the Name Act, I am seeking to change the name(s) of the minor child(ren) of the marriage as follows, and a copy of the consent(s) to the change(s) of name referred to in this section of [name] who is/are
[relationship to child(ren)] is/are attached to this affidavit and marked as Exhibit(s) [A, B, C, D, as the case may be]. [Complete the following for each minor child of the marriage for whom a name change is sought.] from [ ] to: [ ].
SWORN [OR AFFIRMED] BEFORE ME
)
at [city], British Columbia
)
on [dd/mmm/yyyy]
)
)
____________________________
)
___________________________________
A commissioner for taking
)
affidavits for British Columbia
)
[Print name or affix stamp of commissioner]
Family Law—Chapter 6
6.39
This is the 2nd Affidavit
of Samantha Callum Hanna
in this case and was made on
___________________
COURT FILE NO. E123456
COURT REGISTRY: VANCOUVER
IN THE SUPREME COURT OF BRITISH COLUMBIA
CLAIMANT 1:
SAMANTHA CALLUM HANNA
CLAIMANT 2:
GUY RODERICK CALLEN
AFFIDAVIT — DESK ORDER DIVORCE
Should either be “SWEAR” or “AFFIRM”. Select the
correct one to respect the beliefs of the deponent.
I, SAMANTHA CALLUM HANNA of 555 Palmer Street, Vancouver, British Columbia, Server AFFIRM that:
1.
I am the Claimant 1.
2.
There is no possibility of reconciliation between my spouse and me.
3.
I believe the facts set out in the Notice of Joint Family Claim are true.
4.
The certificate of marriage or certified copy of the registration of marriage filed in this family law case fully and correctly describes the true particulars of marriage.
5.
I was living separate and apart from my spouse at the start of this family law case and I have lived separate and apart since 01 Jul 2025, except: 05 May 2026 to 11 Jun 2026.
6.
I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.
Family Law—Chapter 6
6.40
– 2-
7.
There are children of the marriage as defined by the Divorce Act (Canada): and, (a)
those children are:
Name
Age
Birth Date
Alyson Hannigan Callen
5
03 Jul 2021
(b)
I have affirmed and attached a Child Support Affidavit in Form F37.
(c)
The following arrangements for parenting have been made:
Claimant 1 will exercise all of the s. 41 parental responsibilities pursuant to s.40(2) of the Family Law Act and will have final decision-making authority pursuant to s.16.3 of the Divorce Act and s. 45(1) of the Family Law Act.
Claimant 2 will have parenting time with the child every second weekend beginning at 10 a.m. Saturday morning and ending 6 p.m. Sunday evening and the first two weeks each July and August, and alternating Christmas Eves and Christmas Days. Claimant 2 shall have parenting time the first Christmas Day beginning in the year 2026.
AFFIRMED BEFORE ME
)
at New Westminster, British Columbia
)
on ___________________________
)
) SAMANTHA CALLUM HANNA
)
)
A commissioner for taking affidavits for
)
British Columbia
)
Family Law—Chapter 6
6.41
PROCEDURES AFTER ENTRY OF DIVORCE DESK ORDER
Delivery of Entered Order
When an entered divorce Order is received by your law firm it will have been stamped as “entered”
by the court registry. Mail a copy to the claimants. Usually the covering letter sending the Order to the claimant reminds the client that the divorce will not become final for 31 days.
Certificate of Divorce
Since there is a 30-day appeal period, diarize to bring forward the file 31 days after the Divorce Order was made, in order to apply for a Certificate of Divorce. Prepare and have your agent take the following to the registry:
• Requisition requesting Certificate of Divorce + backing sheet (attach a copy of the Divorce Order)
• Cheque for the fee for the Certificate of Divorce.
Diarize to bring forward the file in 10 days to check for receipt of the Certificate of Divorce. When it is received, send it to your client.
The Certificate is not necessary for the divorce to be effective; however, it does provide closure to the parties to receive it.
Family Law—Chapter 6
6.42
Chapter 6 Review
Use these questions to check your understanding of Chapter 6. The answers can be found in the data file named Ch6ReviewKey.pdf Ask your instructor where to find this file.
1. What are the advantages of a joint divorce?
2. When can a claimant withdraw from joint divorce proceedings?
3. What corollary relief can be settled in the joint divorce proceedings?
4. How does the court know that both claimants named in the proceedings are aware that a joint application for divorce is being filed?
5. Do the claimants attend a hearing for a joint application for divorce?
6. List the document(s)
a. which commence a joint application for divorce
b. which disclose financial information if children are involved c. which complete the final stage of the request for divorce 7. Why must the claimants submit an Affidavit—Desk Order Divorce as well as the Notice of Joint Family Claim when they both contain the Same information?
8. If child support has already been agreed upon by the claimants, why does the court require a Child Support Affidavit to be filed?
9. When are Party Certificate and Lawyer Certificates added to the end of the Notice of Joint Family Claim?
10. For each of the following court documents, write its purpose: F1—Notice of Joint Family Claim
F35—Requisition
F36—Certificate of Pleadings
F37—Child Support Affidavit
F9—Agreement as to Annual Income
F38—Affidavit—Desk Order Divorce
Chapter 6 Terminology
Use a legal dictionary to find the definitions of the following words. Add them to the glossary.
age of majority
certify
commence
stigma
contentious
corroborate
deponent
undertaking
disclose
jurat
nullify
verify
Family Law—Chapter 6
6.43
PE6 PRACTICE EXERCISE—SWEENEY JOINT DIVORCE—Commencement
Documents/files you need:
• Sweeney Client Information Sheet, Data Files folder.
• Data files: FormF1.doc, FormF35.doc, FormF36.doc, FormF38.doc, FormF52.doc, BlankCheque.doc, FileContentsListTemplate.doc Ask your instructor where to find these files.
The date is now August 6, 2023
This joint divorce will be a one-step divorce. You will prepare all of the required documents and take them all to the registry for filing at the same time.
Enough time has elapsed to allow the emotions of the estranged couple to cool down, and Ms.
Sweeney is satisfied because Mr. Sweeney has paid all maintenance payments as ordered by the court. Both Mr. Sweeney and Ms. Sweeney are in new relationships and want a divorce.
Since they are now able to communicate with each other without rancor they have decided to jointly apply for a divorce. Since property and maintenance issues have been settled, their only claim is for divorce.
Ms. Amherst will act for Mr. Sweeney. Ms. Sweeney has spoken to a lawyer for advice (as recommended by Ms. Amherst), but will be signing any necessary documents on her own behalf.
Ms. Amherst gives you the Sweeney Client Information Sheet and asks you to prepare the Sweeney F1—Notice of Joint Family Claim to commence the joint divorce action.
You prepare the Sweeney F1—Notice of Joint Family Claim
Check your work with PE6F1Key.pdf
1. Download the Form F1—Notice of Joint Family Claim from the folder named Data Files.
Save the F1 as: PE6F1YourLastName
2. Add a footer to the bottom left margin of the document: PE6.1F1YourName 3. Insert the Style of Proceeding.
4. Be sure there is a blank 2” square in the upper left corner of the first page of the F1 for the Supreme Court stamp. If there is not enough vertical space, place the mouse arrow in front of the first line of the document (Court No.) and press Enter once or twice.
5. Add page numbers to the second and continuing pages of the document. Do not number the backing sheet.
a. Click into the header on the second page of the document.
b. On the Header and Footer tools, at Position, change Header from top to 1”
(2.5cm). Leave the footer at .49” (1.3cm).
c. At Options, place a checkmark next to Different First Page.
Family Law—Chapter 6
6.44
6. Fill out the information required in the F1—Notice of Joint Family Claim using the Sweeney Client Information Sheet and the following information:
The documents for this case will be filed in the Vancouver Registry.
Leave the Court File No. open to be filled in by the court clerk when the F1 is filed.
Part 1—Relationship History
Fill in the marriage and separation information using the Client Information Sheet.
Part 2—Divorce
Place an X next to Claimant 1 and Claimant 2 are asking for a divorce. Key in “Personal Information”. The grounds for divorce are living separate and apart for one year. Key an X next to paragraph (i) and fill in the date of separation. The couple has not lived together since the date of their separation so fill that X in below.
Place an X next to both boxes in part C.
A marriage certificate has been filed with the F1 and it is not a translation.
Parts 3—Children and Orders for Children
Place an X in the box next to There are no children of the marri age…
No claims are being made for Parts 4, 5, 6, and 7
Part 8—Addresses for Service
Claimant 1 address will be the address of Amherst Brown & Company.
Claimant 2 address will be Ms. Sweeney’s home address.
The Notice of Joint Family Claim will be signed by Ms. Amherst for Mr. Sweeney and Ms. Sweeney signs for herself. Leave room for the date to be written in when Ms.
Amherst signs.
Certificates
Delete LAWYER’S CERTIFICATE ( FAMILY LAW ACT, s. 8 (2)) as the parties are not relying on the Family Law Act for this application
Include one LEGAL ADVISER’S CERTIFICATE ( DIVORCE ACT (CANADA), s. 7.7(3)) which will be signed by Ms. Amherst.
Include two PARTY’S CERTIFICATE ( DIVORCE ACT (Canada), s. 7.6) (one for each party)
7. Prepare a backing sheet that is appropriate for a court document. The first line should be the Style of Proceeding, not a date. See the example on page 6.56 or appendix 1.
Family Law—Chapter 6
6.45
PE6 PRACTICE EXERCISE—SWEENEY JOINT DIVORCE—Hearing
Today’s date is August 8, 2023
Ms. Amherst asks you to prepare all of the supporting documents for the Sweeney divorce today, and to call the Sweeney’s to make an appointment come in and sign the Affidavit of Divorce on Monday.
You will prepare
• an F35 Requisition
• a draft of the F52 Final Order
• an F36 Certificate of Pleadings
• two F38 Affidavit—Desk Order Divorce (one for SEAN and one for CAITLIN) You prepare the Sweeney F35—Requisition
*************************************************************************************************************
The F35 tells the court what the claimants are asking for and what documents will be filed to support their request.
*************************************************************************************************************
You prepare the Sweeney Form F35 REQUISITION.
Check your work with PE6F35Key.pdf
1. Download the Form F35—Requisition from the folder named Data Files. Save the F35
as: PE6F35YourLastName
2. Add a footer to the bottom left margin of the document: PE6F35YourName 3. Be sure there is a blank 2” square in the upper left corner of the first page of the F35
for the Supreme Court stamp. If there is not enough vertical space, place the mouse arrow in front of the first line of the document (Court No.) and press Enter once or twice.
4. Add page numbers to the second and continuing pages of the document.
5. Fill out the information required in the F35—Requisition.
a. Copy and paste the Style of Proceeding from the Form 1.
b. The F35 is filed by Claimant 1 and Claimant 2.
c. The draft of the order sought, (F52) is filed with the Requisition.
d. Proof that this is an undefended divorce is contained in each of the filed documents. Check off this box.
e. Certificate of the registrar in Form F36 is filed with the Requisition.
f. The filing fee (a cheque) is attached to the package.
g. Proof of service (F15) does not have to be filed because the F1 is filed jointly.
h. Child Support Affidavit in Form F37 is not filed. There are no children of the marriage.
Family Law—Chapter 6
6.46
i. Affidavit in Form F38 is filed with the Requisition.
6. Be sure that at least 2 lines of the last paragraph are on the page with the signature.
7. Ms. Amherst will sign for Mr. Sweeney and Ms. Sweeney will sign herself. Place an X in the appropriate boxes in the signature line and key the appropriate names.
8. No backing sheet is required.
You prepare the Sweeney Form F52 Final Order.
Check your work with PE6F52Key.pdf
*************************************************************************************************************
The Final Order sets out what the court orders. You fill in the details and the judge signs it. The draft final order becomes the Sweeney divorce order, once the judge has signed.
****************************************************************************************************************
1. Download the Form F52—Final Order from the folder named Data Files. Save the F52
as: PE6F52YourLastName
2. Add a footer to the bottom left margin of the document: PE6F52YourName 3. Be sure there is a blank 2” square in the upper left corner of the first page of the F52.
4. Add page numbers in a header 1” from the top page of the page to all pages but the first.
5. Fill in the required information on the Sweeney F52:
a. Copy and paste the Style of Proceeding from the Form 1.
b. A Master of the Court will read the documents.
c. Choose the paragraph that says the case is coming on as an undefended family law case and delete the other paragraphs.
d. Under THIS COURT ORDERS that:
Choose the paragraph that says the order will come into effect on the 31st day after the Order is made. Fill in the necessary information and remove the other paragraph.
e. There are no other orders. Delete the second “THIS COURT ORDERS that”.
f. Be sure there are at least two lines of the last paragraph on the page with the signature line.
g. Ms. Amherst will sign for Sean Sweeney and Caitlin Sweeney will sign for herself. Leave the date open.
6. Prepare a backing sheet that is appropriate for a court document. The first line should be the Style of Proceeding, not a date. See the example on page 6.56 or appendix 1.
Family Law—Chapter 6
6.47
You prepare the Sweeney Form F36—Certificate of Pleadings
Check your work with PE6F36Key.pdf
*************************************************************************************************************
The Certificate of Pleadings is signed by the registry staff to show the judge they have checked everything over, and they are satisfied everything is procedurally correct.
************************************************************************************************************
1. Download the Form F36—Certificate of Pleadings from the folder named Data Files.
Save the F36 as: PE6F36YourLastName
2. Add a footer to the bottom left margin of the document: PE6F36YourName 3. Insert the Style of Proceeding.
4. Be sure there is a blank 2” square in the upper left corner of the first page of the F36 for the Supreme Court stamp. If there is not enough vertical space, place the mouse arrow in front of the first line of the document (Court No.) and press Enter once or twice.
5. The Certificate is signed and dated by the registrar. Leave room for the date.
6. No backing sheet is required.
You prepare the Sweeney Form F38 Affidavit – Desk Order Divorce.
Check your work with PE6F38Key.pdf
*************************************************************************************************************
The F38 sets out all the facts of your marriage and separation, and gives information about the children, if any, and swears that these facts are true. It is sworn evidence for the Master to consider in their judgment.
******************************************************************************
1. Download the Form F38—Affidavit from the folder named Data Files. Save the F38 as:
PE6F38YourLastName
2. Add a footer to the bottom left margin of the document: PE6F38YourName 3. SEAN DAVID SWEENEY is the deponent. In the upper right corner key the information about the deponent beginning with the line, “This is the __ affidavit”. See the precedent.
4. Insert the Style of Proceeding if it is not in the template.
5. Be sure there is a blank 2” square in the upper left corner of the first page.
6. Add page numbers in a header 1” from the top page of all pages except the first and the backing sheet.
Family Law—Chapter 6
6.48
7. Fill in the required information about the deponent, then using the information from the F1 and F3, complete the F38 by choosing the correct paragraphs in each section and deleting the others.
a. SEAN DAVID SWEENEY is the Claimant 1.
b. There is no possibility of reconciliation.
c. The facts of the case are set out in the Notice of Joint Family Claim.
d. A certificate of marriage has been filed.
e. The grounds for divorce are living separate and apart. Find the date on the F1, and remove the other paragraphs in this section.
f. There was no conspiracy.
g. There are no children of the marriage.
8. Be sure to include at least 2 lines of the last paragraph on the same page as the
jurat. Sean Sweeney will sign the F38 and Ms. Amherst will witness his signature.
9. Prepare a backing sheet for the Affidavit—Desk Order Divorce.
10. Prepare a second Affidavit—Desk Order Divorce in the name of CAITLIN CHLOE. Make the necessary changes. Prepare the backing sheet for it as well. Caitlin will meet the agent at the court registry to sign the document. Leave the name of the commissioner open. The registrar will fill that in.
You prepare a Cheque for filing commencing the action, for filing the Registration of Divorce Proceedings and for the application for divorce.
Check your work with PE6ChequeKey.pdf
Download the cheque template from the Data Files Folder.
Save as: PE6ChequeYourLastName
This cheque will be taken to the court registry along with the F35 to pay the filing fees for commencing an action, for filing a Registration of Divorce ($10), for making an application, and for the registrar witnessing the signature of the F38.
Prepare a cheque for Ms. Amherst’s signature.
1. made out to the Minister of Finance
2. dated September 15, 2023
3. cheque number 3034
4. Fill out the amount of the cheque. The cheque will pay for the following: a. commencing an action (filing the F1)
b. filing the Registration of Divorce Proceedings
c. filing the Application for Divorce (F35 and supporting documents) d. registrar witnessing signature on the F38
To find the fees in BC Supreme Court:
• google the keywords: BC Supreme Court Family Rules Appendix C
Family Law—Chapter 6
6.49
• scroll down in Schedule 1 to find the fees for: (1) commencing an action, and (2) filing an application for a family law case in the Supreme Court.
• The fee for filing the Registration of Divorce is $10.
• The fee for witnessing the signature on the F38 is $40.
• Note: there is no tax on filing fees.
5. after Memo key the following: GBA-357-23 Filing the Sweeney F35 Requisition.
This cheque will be taken to the court registry along with the Sweeney F35 Requisition and supporting documents to pay the filing fees for applying for a divorce order.
Ms. Amherst asks you to prepare a filing package to take to the court registry file the application for divorce. You will take the signed originals and two copies of each of the signed originals to the court registry. The court clerk will stamp each document with the case number and the Supreme Court Seal. Then the clerk will keep the originals and hand the copies back to you.
Assume: You prepare a filing package.
Each of the following documents listed below would be stapled together separately and then paper clipped as a package in the following order:
1. Sweeney Form F35—Requisition
2. Sweeney Form F52—Draft of Final Order
3. Sweeney Form F36—Certificate of Pleadings
4. Sweeney Form F38—Affidavit—Desk Order Divorce (one for SEAN and one for CHLOE)
File Contents List (used for online students)
Save as: PE6FileContentsListYourLastName
Check your work with PE6FileContentsKey
As you will not be preparing a folder for this assignment, you will fill in a File Contents List which will simulate a folder. A template for the File Contents List can be found in the Data Files.
The document is a two-column table, the left column representing the left side of the folder and the right side representing the right side of the folder. Any documents which would be loose in the folder will be listed in the single column table at the bottom.
On the left side, list the documents which would be filed on the left side in reverse order of preparation (with the most recently prepared at the top of the list), and in the right column list the documents which would be filed on the right side in reverse order of preparation. In the single column table list the documents in the prepared filing package which would be loose in the client folder.
Left side: Court Documents
Right side: Correspondence, all other
documents
Loose in folder: Packages prepared for filing
Submission Instructions: Ask your instructor about how to submit this assignment.
Family Law—Chapter 6
6.50
CLIENT INFORMATION SHEET
FILE NO.: GBA-345-23
RE.: Divorce
DATE: August 6, 2023
CLIENT IDENTIFICATION
FULL NAME OF CLIENT SEAN DAVID SWEENEY (he/his/him)
TELEPHONE
(Cell) 604-202-7892
(Cell) 604-535-5678
ADDRESS
#1527-13380 101 Avenue
E-MAIL: david_sweeney@shaw.ca
SURREY BC V3T 0E7
At this residence since January 1, 2023
BIRTH DATE
February 16, 1998
BIRTHPLACE Thunder Bay, ON
BC RESIDENT SINCE
July 15, 2019
SIN
839-678-992
OCCUPATION
Chartered Accountant
GUIDELINE INCOME: $72,000
EMPLOYER:
City of Surrey
TELEPHONE 604-591-4011
14245 – 56th Avenue
SURREY BC V3T 5T1
PARTICULARS OF MARRIAGE/RELATIONSHIP
DATE OF MARRIAGE
July 2, 2019
PLACE
Thunder Bay, ON
DATE OF SEPARATION
June 1, 2022
PARTICULARS OF THE PAST
CLIENT
SPOUSE
STATUS BEFORE MARRAGE
SINGLE
SINGLE
NAME BEFORE MARRIAGE
SEAN DAVID SWEENEY
CAITLIN CHLOE DOYLE
SURNAME AT BIRTH
SWEENEY
DOYLE
SPOUSE IDENTIFICATION
NAME OF SPOUSE
CAITLIN CHLOE SWEENEY
TELEPHONE
(Home) 604-535-2345 (Work)
ADDRESS
214-8110 120A Avenue
E-MAIL caitlin _sweeney@telus.net
SURREY, BC V3W 3P3
At this residence since February 1, 2020
BIRTH DATE
June 25, 1994
BIRTHPLACE:
Everett, ON
BC RESIDENT SINCE
July 15, 2019
SIN
817-937-391
OCCUPATION
Chartered Accountant
GUIDELINE INCOME
$62,000
EMPLOYER:
Heming, Wyborn & Grewal
TELEPHONE
604-576-9121
#200 – 17618 – 65 Avenue
Surrey, BC V35 1L3
MATRIMONIAL PROPERTY
REAL PROPERTY: Sold and proceeds disbursed according to Separation Agreement dated June 5, 2022
PERSONAL PROPERTY: Already divided
Family Law—Chapter 6
6.51
GA6 GRADED ASSIGNMENT— STOCKER JOINT DIVORCE—Commencement The date is September 11, 2023
The Stocker family has settled into a comfortable routine. The children are doing well in school and both parents are content with the arrangements they have made for sharing parenting responsibilities. Ms. Stocker continues to have sole decision-making responsibility and the majority of parenting time and Mr. Stocker is happy with the generous parenting time he has with his children. More than a year has passed and the Stockers feel that this is a good time to apply for divorce.
Ms. Amherst will act for Ms. Stocker.
Mr. Stocker has retained Mr. Craig Gillies, but Ms. Amherst will prepare all of the necessary documents for the divorce. Mr. Gillies will read the documents and discuss them with Mr.
Stocker before Mr. Gillies signs. Mr. Gillies will take his affidavit.
Mr. Craig Gillies
Telephone: 604-683-1112
GILLIES, GILLIES & COMPANY
Fax:
604-683-1113
Barristers and Solicitors
1100 – 510 Burrard Street
Vancouver, BC V6C 3A8
Ms. Amherst gives you an updated client information sheet and asks you to fasten the client information sheet in the folder. Download the amended Stocker Information Sheet from the data files.
For each court document you created, you will print two copies unless otherwise noted. One copy will be the file copy, punched and fastened to the left side of the folder. For all assignments, all of the documents in a file must be stapled properly together to allow the file to be efficiently gone through.
The other copy is the one that will be part of a paper clipped package that will be taken to the court registry for filing. The folder will be assembled as shown in the diagram below.
Fastened to the left side:
Fastened to the right side:
Court Documents
Client Info Sheet
Letters
Contracts
Wills
L
Loose in t
he folder
A
are the copies of the
B
documents which
E
will be clipped
L
together as a
package to be taken
to the registry for
filing.
Family Law—Chapter 6
6.52
General Assignment Instructions
1. Save each file with the name given in the assignment.
2. Use Arial, 11 pt font.
3. Insert a footer including the number of the assignment and your name at the left margin.
Change the font to Arial, 10 pt. (GA6Name)
When completing documents do not include dummy signatures. You are preparing documents as you would at work, up to the point where others will sign them.