Part 2\u2014Divorce <\/b><\/i><\/p>\n
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Key an X next to \u201cClaimant 1 and Claimant 2 are asking for a divorce order\u201d and fill in the relationship history and personal information using the client information sheet. The grounds for divorce are living separate and apart for one year, and the claimants have not lived together since the date of their separation. There is no possibility of reconciliation and there has been no collusion. A marriage certificate will be filed with the Notice of Joint Family Claim. <\/p>\n
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Part 3\u2014Children <\/b><\/i><\/p>\n
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Key an X beside \u201cThere are children of the marriage\u201d. <\/b><\/i> To fill in information about the children, refer to the Client Information Sheet. Be sure to enter the dates in the correct format (Example: 01\/Nov\/2023). <\/b><\/p>\n
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Part 4\u2014Orders for Children <\/b><\/i><\/p>\n
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The Stockers are asking for an Order for parenting arrangements. Key an X beside A and use the following wording for the terms of the proposed order: Claimant 1, KAREN LOUISE STOCKER, will exercise all of the s. 41 parental responsibilities pursuant to s.40(2) of the Family Law Act<\/i> and will have final decision-making authority pursuant to s.16.3 of the Divorce Act<\/i> and s. 45(1) of the Family Law Act. <\/i> Claimant 2 will have parenting time with the children, Emily Jane Stocker and John Eric Stocker every weekend beginning at 10 a.m. <\/p>\n
Saturday morning and ending at 10 a.m. Sunday morning; the last two weeks each July and August; and alternating Christmas Eves and Christmas Days. <\/p>\n
Claimant 2, ERIC JOHN STOCKER, shall have the first Christmas Day beginning in the year 2023. <\/p>\n
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The Stockers are asking for an Order for child support. Key an X beside B and use the following wording for the proposed order: <\/p>\n
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ERIC JOHN STOCKER will pay monthly support to KAREN LOUISE STOCKER <\/p>\n
in the amount of $______________, according to the Child Support Guidelines, $_____________ on the 1st and 15th days of each month <\/p>\n
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***You must calculate the child support amount required using the tables <\/b><\/i><\/p>\n
for the Child Support Guidelines and fill in the blanks.*** <\/b><\/i><\/p>\n
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Put an X beside C and put X\u2019s in the boxes beside both the Divorce Act<\/i> and the Family<\/i> Law Act<\/i>. <\/p>\n
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Part 5\u2014Orders for Spousal Support (No claim is being made.) <\/b><\/i><\/p>\n
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Part 6\u2014Property (No claim is being made.) <\/b><\/i><\/p>\n
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Part 7\u2014Other (No claim is being made) <\/b><\/i><\/p>\n
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Part 8\u2014Addresses for Service <\/b><\/i><\/p>\n
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Claimant 1\u2019s address for service is the address of AMHERST BROWN & COMPANY. <\/p>\n
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Claimant 2\u2019s address for service is the address of GILLIES, GILLIES & COMPANY. <\/p>\n
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Both lawyers want to include their fax numbers but NOT their email addresses for their Address for Service. <\/p>\n
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Family Law\u2014Chapter 6 <\/p>\n
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6.54 <\/p>\n
<\/a> <\/p>\n Signing<\/b><\/i> <\/p>\n The Notice of Joint Family Claim will be signed by Ms. Amherst for Ms. Stocker and sent to Mr. Gillies\u2019 office for review and signing by Mr. Gillies for Mr. Stocker. Since it is unclear which date the lawyers will sign, leave room for the date to be filled in when it is signed. <\/p>\n <\/p>\n You must include two Lawyer\u2019s Certificates (FLA), two Legal Adviser\u2019s Certificates (DA) and two Party\u2019s Certificates (DA). Include all necessary certificates after the signatures. <\/p>\n You should have six <\/b>certificates total. <\/p>\n <\/b><\/p>\n Prepare a backing sheet<\/b> that is appropriate for a court document. The first line should be the Style of Proceeding, not a date. See the example on the following page. <\/p>\n <\/p>\n Printing <\/b><\/i><\/p>\n Print one copy<\/b> of the Stocker F1 one-sided. Fasten the backing sheet facing out. The top of the backing sheet should be at the left side. Placed loosely in the client folder to be included with the desk order package. Print one copy<\/b> of the FIRST PAGE only. <\/p>\n Fasten the first page in the client folder on the left side. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.55 <\/p>\n <\/a> <\/p>\n <\/p>\n Court No. <\/p>\n <\/p>\n <\/p>\n Backing Sheet Sample: <\/b><\/p>\n COURT REGISTRY: NEW WESTMINSTER <\/p>\n Court Documents <\/b><\/p>\n <\/p>\n <\/b><\/p>\n IN THE SUPREME COURT OF BRITISH COLUMBIA <\/p>\n (for all documents that begin <\/p>\n <\/p>\n with a Style of Proceeding) <\/p>\n <\/p>\n <\/p>\n CLAIMANT 1: <\/p>\n MARY MARTIN <\/p>\n <\/p>\n CLAIMANT 2: <\/p>\n GEORGE JAMES MARTIN <\/p>\n <\/p>\n SETTINGS <\/b><\/p>\n <\/p>\n <\/b><\/p>\n <\/p>\n Margins <\/b><\/p>\n <\/b><\/p>\n One-row table with side <\/p>\n NOTICE OF JOINT FAMILY CLAIM<\/b> <\/p>\n Sides: 3.25\u201d (8.25cm) <\/p>\n borders removed <\/p>\n <\/p>\n <\/p>\n <\/p>\n Vertical Alignment <\/b><\/p>\n <\/p>\n Center <\/p>\n <\/p>\n <\/p>\n Frederick R. Lawson <\/p>\n <\/p>\n <\/p>\n LAWSON, ASHLEY & WRIGHT <\/p>\n Header\/Footer:<\/b> 0.5\u201d <\/p>\n Barristers and Solicitors <\/p>\n (1.27 cm) <\/p>\n 700 West Georgia Street <\/p>\n <\/p>\n Vancouver, BC V7Y 1B8 <\/p>\n Tabs <\/b><\/p>\n Telephone: 604-688-3039 <\/p>\n Center: 2.5\u201d (6.35cm) <\/p>\n Fax: 604-388-3000 <\/p>\n <\/p>\n <\/p>\n FRL:yoi <\/p>\n Our File No. FRL\/398\/19 <\/p>\n <\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.56 <\/p>\n <\/a> <\/p>\n GA6 GRADED ASSIGNMENT \u2014 STOCKER JOINT DIVORCE \u2014 Disclosure\/Hearing <\/b><\/p>\n <\/b><\/p>\n Today\u2019s date is September 15, 2023 <\/b><\/p>\n <\/p>\n Ms. Amherst asks you to prepare the Requisition and the supporting documents for the Stocker<\/i> divorce today. Ms. Amherst is in court on another matter tomorrow and will take these<\/i> documents to the registry for filing. <\/i><\/p>\n <\/p>\n You will prepare <\/p>\n \u2022 an F9 Agreement as to Annual Income<\/b> <\/p>\n \u2022 an F35 Requisition<\/b> <\/p>\n \u2022 an F52 Final Order<\/b> <\/p>\n \u2022 an F36 Certificate of Pleadings<\/b> <\/p>\n \u2022 an F37 Child Support Affidavit<\/b> <\/p>\n \u2022 an F38 Affidavit\u2014Desk Order Divorce<\/b> <\/p>\n \u2022 a cheque for court fees <\/p>\n <\/b><\/p>\n You prepare the Stocker Form F9\u2014Agreement as to Annual Income. <\/b> <\/p>\n <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n Because there is an order for support in the Stocker application for divorce, it is necessary to provide the payor\u2019s financial information. <\/p>\n The Agreement as to Annual Income is a document that provides that information for the<\/b> Master to consider in making his\/her judgment. <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n <\/b><\/p>\n 1. Download the Form F9\u2014Agreement as to Annual Income from the folder named Data Files. Save the F9 as: GA6F9YourLastName<\/b><\/i> <\/p>\n <\/p>\n 2. Add a footer to the bottom left margin of the document: GA6F9YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b> of the F36 for the Supreme Court stamp. <\/p>\n <\/p>\n 4. Fill in the Court Registry and leave room for the Court File No. <\/p>\n <\/p>\n 5. Complete this Agreement using the income of Claimant 2 from the Client Information Sheet. <\/p>\n <\/p>\n 6. The payor and the recipient must sign this document. Leave room for the date to be written in at the time of signing. <\/p>\n <\/b><\/i><\/p>\n 7. No backing sheet is required for the Form F9\u2014Agreement as to Annual Income. <\/p>\n <\/p>\n 8. The F9 is printed one-sided. Make two copies. Fasten one copy on the left side of the<\/b> client folder. Do not hole punch the second copy; place it loosely in the client<\/b> folder. <\/b><\/p>\n <\/b><\/p>\n 9. The F9 Agreement as to Annual Income will be paper clipped behind the <\/b><\/i><\/p>\n assembled F37. <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.57 <\/p>\n <\/a> <\/p>\n You prepare the Stocker F35\u2014Requisition <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n The F35 tells the court what you are asking for and what documents you are filing to<\/b> support your request. <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n <\/p>\n 1. Download the Form<\/b> F35\u2014Requisition<\/b> from the folder named Data Files. Save the F35 <\/b><\/i><\/p>\n as: GA6F35YourLastName<\/b><\/i> <\/p>\n <\/p>\n 2. Add a footer to the bottom left margin of the document: GA6F35YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b> 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. <\/p>\n <\/p>\n 4. Add page numbers to the second page of the document. <\/p>\n <\/p>\n a. Click into the header on the second page of the document. <\/p>\n b. On the Header and Footer<\/i> tools, at Position<\/i>, change Header from top to 1<\/b>\u201d. <\/p>\n Leave the footer at .49\u201d. <\/p>\n c. At Options<\/i>, place a checkmark next to Different First Page<\/b>. <\/p>\n 5. Fill out the information required in the F35\u2014Requisition. <\/b><\/p>\n <\/b><\/p>\n a. Copy and paste the Style of Proceeding<\/b> from the Form 1. <\/p>\n b. The F35 is filed by Claimant 1 and Claimant 2. <\/p>\n c. The draft of the order sought, (F52) is filed with the Requisition. <\/p>\n d. Proof that this is an undefended divorce is contained in each of the filed documents. Check off this box. <\/p>\n e. Certificate of the registrar in Form F36 is filed with the Requisition. <\/p>\n f. The filing fee in the form of a cheque is attached to the package. <\/p>\n g. Proof of service (F15) does not have to be filed because the F1 is filed jointly. <\/p>\n h. Child Support Affidavit in Form F37 must be filed because there are children. <\/p>\n i. Affidavit in Form F38 is filed with the Requisition. <\/p>\n 6. Be sure that at least 2 lines of the last paragraph are on the page with the <\/b><\/i><\/p>\n signature lines. <\/b><\/i><\/p>\n 7. Ms. Amherst will sign for Ms. Stocker and Mr. Gillies will sign for Mr. Stocker. Place an X <\/p>\n in the appropriate boxes in the jurat and key the appropriate names. Leave date open. <\/p>\n 8. No backing sheet is required. <\/p>\n Print one one-sided copy of the Stocker F35 Requisition. Do not hole punch holes in this copy. Place it loosely in the client folder. Print the first page only of the Stocker F35 <\/p>\n Requisition. Fasten one on the left side of the client folder. (Normally you would file the Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.58 <\/p>\n <\/a> <\/p>\n complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n <\/p>\n <\/b><\/p>\n You prepare the Stocker Form F52\u2014Draft of Final Order. <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n The Final Order sets out what the court orders. You fill in the details and the judge signs<\/b> it. The draft final order becomes the Stocker divorce order, once the judge has signed. <\/b><\/p>\n **************************************************************************************************************** <\/b><\/p>\n 1. Download the Form F52\u2014Final Order from the folder named Data Files. Save the F52 <\/b><\/i><\/p>\n as: GA6F52YourLastName<\/b><\/i> <\/p>\n <\/p>\n 2. Add a footer to the bottom left margin of the document: GA6F52YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b>. <\/p>\n <\/p>\n 4. Add page numbers in a header 1\u201d from the top page of the page to all pages but the first. <\/p>\n <\/p>\n 5. Fill in the required information on the Stocker F52: <\/p>\n <\/p>\n a. Insert the Style of Proceeding<\/b> if it is not in the precedent. <\/p>\n b. A Master of the Court<\/b> will read the documents. <\/p>\n c. Choose the paragraph that says the case is coming on as an undefended family law case and delete the other paragraphs. <\/p>\n d. Under THIS COURT ORDERS that: <\/p>\n 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. <\/p>\n <\/p>\n e. Under the second THIS COURT ORDERS that: there will be two paragraphs numbered 1 and 2 formatted as shown in the precedent on page 6.22. <\/p>\n 1. Paragraph 1 will describe the parenting arrangements as stated in the Notice of Joint Family Claim, Section 4A. (See the Stocker F1 for wording.) 2. Paragraph 2 will describe the agreed upon child support payments as stated in the Notice of Joint Family Claim, Section 4B. (See the Stocker F1 for wording.) <\/p>\n <\/p>\n f. Be sure there are at least two lines of the last paragraph on the page with the signature lines. <\/p>\n g. Ms. Amherst will sign for Ms. Stocker and Mr. Gillies will sign for Mr. Stocker. Fill in the names of the lawyers and parties in the appropriate places in the jurat. <\/p>\n h. No backing sheet is required for the F52 Final Order. <\/p>\n i. Print one copy of the Stocker Form F52 one-sided. Do not punch holes in the<\/b> other copy of the F52<\/b> and place it loosely in the Stocker Client Folder. <\/b> Print the first page of the Stocker Form F52. Fasten this page on the left side of the folder. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.59 <\/p>\n <\/a> <\/p>\n You prepare the Stocker Form F36\u2014Certificate of Pleadings. <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n The Certificate of Pleadings is signed by the registry staff to show the judge they have<\/b> checked everything over, and they are satisfied everything is procedurally correct. <\/b><\/p> \n<\/p> ************************************************************************************************************* <\/p>\n <\/p>\n 1. Download the Form F36\u2014Certificate of Pleadings from the folder named Data Files. <\/p>\n Save the F36 as: GA6F36YourLastName<\/b><\/i> <\/p>\n <\/p>\n 2. Add a footer to the bottom left margin of the document: GA6F36YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b> 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. <\/p>\n <\/b><\/i><\/p>\n 4. The Certificate is signed and dated by the registrar. Leave room for the date. <\/p>\n <\/p>\n 5. Remove the instructions in brackets. <\/p>\n <\/p>\n 6. There is no backing sheet required the Form F36. <\/p>\n <\/p>\n 7. Print two copies of the Stocker Form F36<\/b> one-sided and place and fasten one copy on the left side of the folder. Do not punch holes in the other copy of the F36. <\/b>Place the other copy loosely in the Stocker Client Folder. <\/p>\n <\/p>\n <\/b><\/p>\n You prepare the Stocker Form F37\u2014Child Support Affidavit. <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n Since the Stocker divorce will not require an appearance before a judge, special<\/b> affidavits must be sworn as evidence. <\/b> One of the duties of the court is to ensure that the needs of children are looked after before a divorce is granted. The Child Support Affidavit<\/b> (Form F37)<\/b> gives the judge sworn evidence about the children and child support. <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n <\/b><\/p>\n 1. Download the Form F37\u2014Child Support Affidavit from the folder named Data Files. <\/p>\n Save the F37 as: GA6F37YourLastName<\/b><\/i> <\/p>\n <\/p>\n 2. Add a footer to the bottom left margin of the document: GA6F37YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b> of the F37 for the Supreme Court stamp. <\/p>\n <\/p>\n 4. Add page numbers in a header 1\u201d from the top margin to the second and continuing pages of the document. <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.60 <\/p>\n <\/a> <\/p>\n 5. In the upper right hand corner insert the required information about the deponent in four lines beginning with \u201cThis is the 1st Affidavit of \u2026.and the X Affidavit of \u2026\u201d. The affidavits could be sworn separately by Karen and Eric. Because they want to emphasize their cooperation about the children, they will swear a joint affidavit. A joint affidavit creates complications. The heading in the upper right hand corner needs to have the names of both Karen and Eric. If one of them had already sworn an affidavit in the proceeding then the number of the affidavit would be different, as between them. <\/p>\n <\/p>\n 6. Insert the Style of Proceeding if it is not included on the form. <\/p>\n <\/p>\n 7. Complete the paragraph identifying the parties in this case. <\/p>\n <\/p>\n 8. Fill in the information required on the F37\u2014Child Support Affidavit. <\/b> <\/p>\n <\/p>\n 1. For a joint application, use: \u201cWe are Claimant 1 and Claimant 2.\u201d <\/p>\n 2. Fill in the identifying information from other completed documents. <\/p>\n (a) <\/p>\n Use the date September 18, 2023 to calculate the ages of the children. <\/p>\n Express an age under 1 year in months. <\/p>\n 3. The Notice of Joint Family Claim includes the order for child support. <\/p>\n 4. Choose paragraphs 4a, 4b, and 4c. Provide any necessary information. <\/p>\n 5. Choose the second paragraph numbered 5 making sure you attach the fact sheet. <\/p>\n 6. Select the first paragraph numbered 6 and fill it in as appropriate. We do not use the fourth paragraph here because the amount of income of the paying spouse has changed, so the agreement no longer reflects the amount payable. <\/p>\n 7. There are no section 7 expenses claimed. <\/p>\n 8. Select the paragraph that says there is medical coverage under Claimant 2\u2019s plan. <\/p>\n 9. Use the first optional paragraph number 9. <\/p>\n 10. The separation agreement you did at chapter 3 is the existing agreement that deals with support of the children. As such it needs to be attached as an exhibit. Here you will choose the second paragraph and attach the agreement as an exhibit. Stamp the first or last page of your separation agreement, fill out the exhibit stamp (remember this must be signed by whatever number of counsel are taking this affidavit). If you are using rubber stamped exhibit stamps, you may stamp it twice. If you are using electronic stamps you should list them together as you did in the top right at the beginning of the affidavit. Be sure to draft for the counsel in the situation. Will Gail sign \u201cas to both signatures\u201d. In this case, yes she will, but this may not always be the case. Mark it as exhibit A and attach it to this affidavit in the appropriate location (look at page 6.26). <\/p>\n 11. There are no arrears of child support as of September 18, 2023. <\/p>\n Be sure that at least two lines of the last paragraph are on the page with the <\/b><\/i><\/p>\n jurat. <\/b><\/i> Ms. Amherst will witness both signatures. Leave room for the date. <\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.61 <\/p>\n <\/a> <\/p>\n 12. <\/b>Because Mr. Stocker\u2019s income is more than $150,000, <\/b>complete Supplementary Fact Sheet F. Delete all other Fact Sheets. <\/p>\n 13. Prepare a backing sheet for the Stocker F37 Child Support Affidavit. <\/p>\n 14. Print one copy of the Stocker F37 Child Support Affidavit <\/b>and Fact Sheet F<\/b> one-sided, paper clip them together. Do not punch holes in this copy. <\/b> Place it loosely in the Stocker Client Folder. Print the first page of the Stocker F37 Child Support Affidavit. Fasten this page on the left side of the folder. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n ************************************************************************************************************* <\/b><\/p>\n Assembling the Stocker F37 Child Support Affidavit <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n 1. After the F37 Child Support Affidavit<\/b> numbered paragraphs and before the exhibit and backing sheet, insert the Supplementary Fact Sheet F. <\/b> <\/p>\n 2. Next, insert the Stocker Separation Agreement, Exhibit A. <\/b> <\/p>\n 3. After the Stocker Separation Agreement<\/b>, add the backing sheet<\/b> of the F37. <\/p>\n 4. Staple the F37 with the Supplementary Fact Sheet F and the Separation Agreement all together with the backing sheet facing out. <\/p>\n o The top of the backing sheet should be to the left side<\/b>. <\/p>\n 5. Paperclip the F9 Agreement as to Annual Income<\/b> behind the Child Support Affidavit. <\/b> <\/p>\n Numbering the pages of the F37 (for both on-campus and online students)<\/b> 1. First, F37 Affidavit<\/b> up to the signing page - first page no number, second and third if there is a third page, numbered <\/p>\n 2. Next, Supplementary<\/b> Fact Sheet F<\/b> - no page number 3. Next, the Separation Agreement<\/b> with an Exhibit A \"stamp\" on the first or last page, filled out - number the agreement starting at page 1 until the end of the agreement by hand ignoring that there are page numbers on them already. Those are not good enough. <\/p>\n 4. Next, the backing sheet<\/b> for the F37 Child Support Affidavit - no page number 5. Last, the F9 Agreement as to Annual Income<\/b> - no page number, no backing sheet. <\/p>\n <\/p>\n ONLINE STUDENTS <\/b><\/p>\n <\/b><\/p>\n \u2022 Insert a Section Break New Page<\/i> after the jurat (signatures) of the F37 and insert Supplementary Fact Sheet F<\/i>. <\/p>\n \u2022 After the Supplementary Fact Sheet F, insert a Section Break New Page<\/i>, then insert the Separation Agreement as Exhibit A. <\/p>\n o Add an exhibit stamp to the front page of the Agreement. The stamp can be found in the Data Files folder. <\/p>\n \u2022 Add a backing sheet for the F37 Child Support Affidavit. <\/p>\n \u2022 Insert a Section Break New page<\/i> and insert the F9 Agreement as to Annual Income. <\/p>\n <\/b><\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.62 <\/p>\n <\/a> <\/p>\n You prepare TWO Stocker Form F38s Affidavit \u2013 Desk Order Divorce. <\/b><\/p>\n <\/b><\/p>\n *************************************************************************************************************<\/b><\/p>\n The F38 sets out all the facts of your marriage and separation, and gives information<\/b> about the children, if any, and swears that these facts are true<\/b>. <\/b><\/p>\n Each claimant in a joint divorce must swear an F38. <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n <\/p>\n 1. Download the Form F38\u2014Affidavit from the folder named Data Files. Save the F38 as: <\/b><\/i><\/p>\n GA6F38YourLastName<\/b><\/i> <\/p>\n <\/p>\n 2. Add a footer to the bottom left margin of the document: GA6F38YourName 3. In the upper right corner key the information about the deponent beginning with the line, <\/p>\n \u201cThis is the __ affidavit\u201d. See the precedent. <\/p>\n <\/p>\n 4. Insert the Style of Proceeding if it is not in the template. <\/p>\n <\/p>\n 5. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b>. <\/p>\n <\/p>\n 6. Add page numbers in a header 1\u201d from the top page of all pages except the first and the backing sheet. <\/p>\n <\/p>\n 7. Fill in the required information about the deponent, then using the information from the F1, complete the F38 by choosing the correct paragraphs in each section and deleting the others. <\/p>\n <\/p>\n 8. Be sure to include at least 2 lines of the last paragraph on the same page as the <\/b><\/i><\/p>\n jurat. <\/b><\/i> Karen Stocker will sign the F38 and Ms. Amherst will witness her signature. <\/p>\n <\/p>\n 9. Prepare a backing sheet for the Affidavit\u2014Desk Order Divorce. <\/p>\n 10. Print one copy of the Stocker F38 Affidavit (Karen) <\/b>one-sided. Do not punch holes in<\/b> this copy. <\/b> Place it loosely in the Stocker Client Folder. Print the first page of the Stocker F38 Affidavit. Fasten this page on the left side of the folder. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n 11. Prepare a second F38 in the name of ERIC JOHN STOCKER. Eric has agreed to<\/b> meet the agent at the court registry to sign the affidavit at the time the documents<\/b> are filed. Leave the name of the commissioner open. The registrar will fill that in. <\/b><\/p>\n <\/b><\/p>\n 12. Print one copy of the Stocker F38 Affidavit (Eric) <\/b>one-sided. Do not punch holes in<\/b> this copy. <\/b> Place it loosely in the Stocker Client Folder. Print the first page of the Stocker F38 Affidavit. Fasten this page on the left side of the folder. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n You prepare a Cheque for commencing the action (F1), for filing the Registration of <\/b><\/i><\/p>\n Divorce Proceedings, for filing the Application for divorce (F35 and supporting <\/b><\/i><\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.63 <\/p>\n <\/a> <\/p>\n documents) and for the registrar witnessing the signing of the F38. <\/b><\/i><\/p>\n <\/b><\/p>\n Download the cheque template from the Data Files Folder. <\/p>\n Save as: GA6ChequeYourLastName <\/i><\/p>\n <\/p>\n Prepare a cheque for Ms. Amherst\u2019s signature. <\/p>\n \u2022 made out to the Minister of Finance <\/p>\n \u2022 dated September 15, 2023 <\/p>\n \u2022 cheque number 3195 <\/p>\n \u2022 Fill out the amount of the cheque. The cheque will pay for commencing the action (filing the F1), filing the Registration of Divorce Proceedings, filing the Application for Divorce (F35 and supporting documents), and the registrar witnessing the signing of the second F38. <\/p>\n \u2022 after Memo<\/b> key the following: <\/p>\n o GBA-357-23 Filing the Stocker F35 Requisition <\/b>and Notice of Joint Family<\/b> Claim. <\/b><\/p>\n <\/p>\n To calculate the amount of the cheque: <\/p>\n <\/p>\n o google the keywords: BC Supreme Court Family Rules Appendix C<\/b><\/i> <\/p>\n o scroll down in Schedule 1<\/b> to find the fees for: (1) commencing an action, and (2) filing an application for a family law case in the Supreme Court, and (3) taking or swearing an affidavit for use in court. <\/p>\n o The fee for filing the Registration of Divorce is $10. <\/p>\n o Note: there is no tax on filing fees. <\/p>\n <\/p>\n Print the cheque and place it loosely in the Stocker client folder. <\/p>\n <\/b><\/p>\n This cheque will be taken to the court registry along with the Stocker F35 Requisition. <\/p>\n <\/p>\n <\/p> \n<\/p> ************************************************************************************************************* <\/p>\nStocker Divorce\u2014Supreme Court Registry Filing Steps <\/b> <\/p>\n <\/b><\/p>\n For a joint application for divorce, you will go to the court registry once to file documents<\/i>. <\/p>\n 1. You will take the original and two photocopies of the F1\u2014Notice of Joint Family Claim<\/b> and the original and two copies of the filing package<\/b> to take to the court registry. The court clerk will stamp the case number and the court seal on the original and two copies of the F1, keep the originals and return the photocopies to you. <\/p>\n 2. The court clerk will give you a *Registration of Divorce<\/b> to be filed with the F1. <\/p>\n 3. The court clerk will then file the Requisition and the supporting documents, and you will ask the court clerk when to return for the divorce order. <\/p>\n *A Registration of Divorce<\/b> is a form the court uses to search for other applications for divorce by the same couple in other provinces\u2014it adds this action to a federal database. A precedent can be found at the Supreme Court Family Forms web site. <\/p>\n <\/p>\n *********************************************************************************************************** <\/b><\/p>\n Submission Instructions <\/b><\/p>\n <\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.64 <\/p>\n <\/a> <\/p>\n 1. Your instructor will give you instructions for submitting the electronic files. <\/b> <\/p>\n 2. Prepare a filing package to take to the court registry paper clipped<\/b> together in the following order: <\/p>\n a. Cheque goes on top <\/p>\n b. Next the F1 needs to be filed to open the court file <\/p>\n c. Requisition (Form F35) <\/p>\n d. Draft Final Order (Form F52) <\/p>\n e. Certificate of Pleadings (Form F36) <\/p>\n f. Child Support Affidavit (Form F37), including Supplementary Fact Sheet F, and a Separation Agreement and a backing sheet\u2014with (Form F9) paper clipped behind the backing sheet. <\/p>\n g. Both affidavits \u2014 Desk Order Divorce (Form F38) <\/p>\n 3. Place the package loosely in the client folder. Use a large paper clip or elastic band to hold it in order. <\/p>\n 4. Submit the client folder for grading. <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.65 <\/p>\n <\/a> <\/p>\n CLIENT INFORMATION SHEET <\/b><\/p>\n <\/b><\/p>\n FILE NO. <\/b>GBA-357-23 <\/b><\/p>\n RE<\/b> Divorce <\/p>\n <\/b><\/p>\n DATE <\/b>September 11, 2023 <\/p>\n <\/p>\n CLIENT IDENTIFICATION <\/b><\/p>\n NAME OF CLIENT<\/b> <\/p>\n KAREN LOUISE STOCKER <\/b>(she\/her\/hers) <\/b><\/p>\n <\/b><\/p>\n TELEPHONE<\/b> <\/p>\n (Home)<\/b> 604-988-1234 <\/p>\n (Cell) <\/b>604-525-6780 <\/p>\n ADDRESS <\/b><\/p>\n 3240 Meadowbrook Drive <\/p>\n E-MAIL<\/b> stocker_jl@shaw.ca <\/p>\n <\/p>\n North Vancouver, BC V3R 4B2 <\/p>\n <\/b><\/p>\n At this residence since April 1, 2011 <\/p>\n BIRTH DATE<\/b> <\/p>\n December 21, 1984 <\/p>\n BIRTHPLACE <\/b> Moose Jaw, SK <\/p>\n BC RESIDENT SINCE<\/b> <\/p>\n May 12, 2009 <\/p>\n SIN <\/b>724-677-890 <\/p>\n OCCUPATION<\/b> <\/p>\n Dietician <\/p>\n GUIDELINE<\/b> INCOME<\/b> $59,500 <\/p>\n EMPLOYER<\/b> <\/p>\n Lions Gate Hospital <\/p>\n <\/p>\n TELEPHONE<\/b> 604-984-5813 <\/p>\n <\/p>\n 231 East 15 Street <\/p>\n <\/p>\n North Vancouver, BC V7L 2L7 <\/p>\n <\/p>\n <\/p>\n PARTICULARS OF MARRIAGE\/RELATIONSHIP <\/b><\/p>\n DATE OF MARRIAGE<\/b> <\/p>\n April 1, 2014 <\/p>\n PLACE<\/b> Regina, SK <\/p>\n DATE OF SEPARATION<\/b> <\/p>\n April 13, 2022 <\/p>\n SEPARATION AGREEMENT <\/b><\/p>\n May 17, 2022 <\/b> <\/p>\n <\/b><\/p>\n PARTICULARS OF THE PAST, CARE OF CHILDREN <\/b><\/p>\n Both parties have loving, committed relationships with their children and are committed to co-operative co-parenting. The children attend Meadowbrook School which is two blocks from the family home and three blocks from Eric\u2019s present residence. Karen now works Mondays to Fridays from 6 a.m. to 12 p.m. <\/p>\n and Eric works Mondays to Fridays from 8:30 a.m. to 4 p.m. The family has a long-time sitter who comes in Mondays to Fridays from 5:30 a.m. to 12:30 p.m. to care for the children while Karen is at work. The children eat their lunch at the school. Karen walks to school to bring the children home. Since the separation, the children have resided primarily with Karen. They visit Eric at his residence several times a week and usually for one day on the weekend. It is the intention that Karen shall sole decision-making responsibility and the majority of parenting time with generous parenting time to Eric who lives close to the Ms. Stocker\u2019s home. <\/p>\n <\/p>\n <\/b><\/p>\n CLIENT <\/b><\/p>\n SPOUSE <\/b><\/p>\n STATUS BEFORE <\/p>\n SINGLE <\/p>\n DIVORCED, <\/p>\n MARRAGE <\/p>\n NO CHILDREN <\/p>\n NAME BEFORE <\/p>\n KAREN LOUISE <\/p>\n ERIC JOHN STOCKER <\/p>\n MARRIAGE <\/p>\n MALCONTENT <\/p>\n SURNAME AT BIRTH <\/p>\n MALCONTENT <\/p>\n STOCKER <\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.66 <\/p>\n <\/a> <\/p>\n <\/p>\n SPOUSE IDENTIFICATION <\/b><\/p>\n <\/b><\/p>\n NAME OF SPOUSE <\/b><\/p>\n ERIC JOHN STOCKER <\/b>(he\/him\/his) <\/p>\n TELEPHONE <\/b><\/p>\n (Cell) <\/b>778-294-5678 <\/b><\/p>\n ADDRESS <\/b><\/p>\n 4230 Meadowbrook Drive <\/b><\/p>\n E-MAIL:<\/b> stocker_ericj@shaw.ca <\/a><\/p>\n <\/p>\n North Vancouver, BC V3R 4B9 <\/p>\n <\/p>\n At this residence since May 1, 2019 <\/p>\n BIRTH DATE <\/b><\/p>\n June 25, 1980 <\/p>\n BIRTHPLACE <\/b>North Vancouver, BC <\/p>\n BC RESIDENT SINCE<\/b> <\/p>\n Birth <\/p>\n SIN <\/b>726-455-3974 <\/p>\n OCCUPATION<\/b> <\/p>\n Civil Engineer <\/p>\n GUIDELINE<\/b> INCOME<\/b> $172,000 <\/p>\n EMPLOYER:<\/b> <\/p>\n City of North Vancouver <\/p>\n TELEPHONE<\/b> 604-983-7333 <\/p>\n <\/p>\n 141 West 14th Street <\/p>\n <\/p>\n North Vancouver, BC V7M 1H9 <\/p>\n <\/p>\n <\/p>\n CHILDREN <\/b><\/p>\n <\/b><\/p>\n NAME <\/b><\/p>\n SEX <\/b><\/p>\n BIRTH DATE <\/b><\/p>\n PLACE OF BIRTH <\/b><\/p>\n <\/b><\/p>\n Emily Jane Stocker <\/p>\n Female <\/p>\n December 19, 2014 <\/p>\n North Vancouver, BC <\/p>\n John Eric Stocker <\/p>\n Male <\/p>\n October 5, 2015 <\/p>\n North Vancouver, BC <\/p>\n <\/b><\/p>\n MATRIMONIAL PROPERTY <\/b><\/p>\n REAL PROPERTY:<\/b> Karen Stocker took possession of the family home on August 31, 2022. <\/p>\n PERSONAL PROPERTY: <\/b>Already divided. <\/p>\n Family Law\u2014Chapter 6 <\/p>\n <\/p>\n 6.67 <\/p>\n <\/a> CHAPTER 7 <\/b><\/p>\n DIVORCE PROCEEDINGS\u2014Undefended Divorce <\/b><\/p>\n <\/p>\n INTRODUCTION<\/b> <\/p>\n <\/p>\n A joint divorce is one where both spouses mutually seek the divorce. However, it often happens that while both spouses recognize the relationship is over, only one spouse initiates the divorce proceeding, and the other spouse opts not to exercise their rights to contest the proceeding, instead allowing the divorce and corollary relief claims to go through unopposed. <\/p>\n <\/p>\n Although a divorce proceeding started by one claimant is defendable, it is up to the other spouse to decide whether or not to oppose the divorce. The lawyer representing the claimant spouse will start the claim as if it will be defended. <\/p>\n <\/p>\n If the other spouse chooses not to defend, the end result is a final divorce order based on the documents drafted and submitted by the claimant. An unopposed divorce is called an undefended divorce<\/b>. This chapter will introduce the documents filed in an undefended divorce and will examine the requirements for financial disclosure in greater detail. <\/p>\n <\/p>\n <\/p>\n FILLABLE COURT FORMS <\/b><\/p>\n <\/p>\n Besides the traditional paper version of the court forms, fillable forms are available for use. The fillable forms come in two different formats: PDF and XML. <\/p>\n <\/p>\n PDF Forms<\/b> <\/p>\n <\/p>\n PDF forms can be opened in Adobe Reader and contain fields for the information. Wording can be keyed in or copied from existing precedents into the correct fields. PDF forms can be saved and reopened similarly to Word documents. You can either find and open the file directly OR use Adobe Reader and open the file in Adobe. <\/p>\n <\/p>\n At the top of each PDF form you will see a button that allows you to prepare a paper copy. This is used so that the fields will be expanded when printed so that the form can be filled out by hand. <\/p>\n You must key in all fields for this course. As such, you can disregard this button: <\/p>\n <\/p>\n <\/b><\/p>\n XML Forms <\/b><\/p>\n <\/p>\n XML forms can be opened in Adobe Reader and appear very similar to PDF forms. However, they are encoded with XML language which allows the information in the form to be automatically extracted if the form is filed electronically. XML forms are marked with an asterisk on the list of forms provided by the Supreme Court Family Registry. <\/p>\n <\/p>\n The Supreme Court templates in XML format are: <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n F1 Notice of Joint Family Claim <\/p>\n F3 Notice of Family Claim <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.1 <\/p>\n <\/a> F4 Response to Family Claim <\/p>\n F5 Counterclaim <\/p>\n F6 Response to Counterclaim <\/p>\n F31 Notice of Application <\/p>\n F100 Certificate of Mediation <\/p>\n <\/p>\n When you open an XML form, it will appear with fillable data entry fields throughout the form. <\/p>\n Data entered into these fields will automatically appear throughout the document wherever applicable (e.g. name of the Plaintiff). If you would like to see what the form will look like printed, you can select the \u201cPreview and Sign Document\u201d at the top of the form: All XML forms can be signed electronically by the lawyer using their digital signature. <\/p>\n Note, when you are ready to print the form, you must select the button \u201cClick here to PRINT <\/p>\n form\u201d found at the top and bottom of the page. If you use your software\u2019s print button the document will not print properly. <\/b><\/p>\n <\/b><\/p>\n DEFENDABLE PROCEEDINGS <\/b><\/p>\n The spouse who starts the proceeding is the claimant<\/b>. The other spouse is the respondent. <\/b>The proceeding is started following procedures which allow the respondent to respond to and defend the proceeding. If the respondent wishes, they could also counterclaim against the claimant. If both the claimant and the respondent actively advance their positions, the proceeding will be decided in a trial. However, if the respondent chooses not to respond, or having responded, abandons the case during the proceeding, the final order can be obtained with a desk order in a method similar to the joint divorce desk order. <\/p>\n <\/p>\n STAGE ONE \u2013 Commencement and Notification <\/b><\/i><\/p>\n STAGE TWO \u2013 Definition <\/b><\/i><\/p>\n <\/p>\n Commencement and notification are governed by Rules 3-1 and 4-1 of the Family Rules<\/i> which state that family law claims must be started using a Form F3<\/b> Notice of Family Claim<\/b> except in special situations. The Family Rules<\/i> further require the Notice of Family Claim to be personally served on the respondent Rule 4-1(2). <\/p>\n <\/p>\n Personal service <\/b>is defined under the Family Rules<\/i> as service where the document is left with the party to be served by a person who is at least 19 years old. The person cannot be a party to the proceeding. <\/p>\n <\/p>\n When the Notice of Family Claim is filed, the marriage certificate should be filed with it. If the certificate is not filed, the reason why must be indicated on the Notice of Family Claim. The marriage certificate must be filed to prove the claimant and respondent are married. The court cannot award any remedies under the Divorce Act<\/b><\/i> unless the parties are married. <\/p>\n <\/p>\n By filing the Notice of Family Claim, the claimant has notified the court that they are advancing claims against the respondent. By serving the Notice of Family Claim on the respondent, the claimant has notified the respondent about the claims being made. Now it is up to the respondent Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.2 <\/p>\n <\/a>to notify both the court and the claimant if the respondent wishes to defend the claims. The respondent has 30 days to file a Form F4<\/b> Response to Family Claim<\/b>. <\/p>\n <\/p>\n The 30 days are counted starting with the day after the day service. Rule 6-3(4) gives the rules on determining what day a person is considered served. <\/p>\n <\/p>\n When personal service is deemed to be completed <\/p>\n (4) <\/p>\n A document served by personal service is deemed to be served as follows: (a) <\/p>\n if the document is served before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be served on the day of service; <\/p>\n (b) <\/p>\n if the document is served on a Saturday or holiday or after 4 p.m. <\/p>\n on any other day, the document is deemed to be served on the next day that is not a Saturday or holiday. <\/p>\n <\/p>\n [Sunday is a holiday for the purposes of this subrule.] <\/i><\/p>\n <\/p>\n Service is proved by having the person who served the Notice of Family Claim swear a Form F15 Affidavit of Personal Service<\/b>. An Affidavit of Personal Service does not require the identifying information on the top right corner of the first page. <\/p>\n <\/p>\n This is the 1st affidavit <\/p>\n Not<\/b> required on Affidavit of <\/p>\n of David Tennant in this case <\/p>\n Personal Service. (Rule 10-4(3)) <\/p>\n and was made on 13 Dec 2020. <\/p>\n <\/p>\n <\/p>\n COURT FILE NO. E555555 <\/p>\n <\/p>\n COURT REGISTRY: NEW WESTMINSTER <\/p>\n <\/p>\n IN THE SUPREME COURT OF BRITISH COLUMBIA <\/p>\n <\/p>\n <\/p>\n Most law firms hire professional process servers to serve documents. Most process servers will draft their own Affidavits of Personal Service; however, there may be certain circumstances where an administrative assistant will key the affidavit; therefore, it is useful to be familiar with them. <\/p>\n Because the process server is unfamiliar with the respondent, a picture of the respondent is provided. The use of a picture for the respondent is unique to family matters. <\/p>\n <\/p>\n The following pages have examples of the Notice of Family Claim and Affidavit of Personal Service. These two documents will also introduce the use of fillable forms. The Notice of Family Claim is an XML file. The Affidavit of Personal Service is a PDF file. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.3 <\/p>\n <\/a> Select <\/p>\n Registry <\/p>\n Filling in the <\/p>\n using drop <\/p>\n names and <\/p>\n down list <\/p>\n addresses <\/p>\n here will <\/p>\n automatically <\/p>\n input the <\/p>\n name <\/p>\n throughout <\/p>\n the form <\/p>\n where they <\/p>\n are needed. <\/p>\n Select Relationship<\/b> <\/p>\n to indicate <\/p>\n relationship to <\/p>\n other parties <\/p>\n <\/p>\n Select Address<\/b> for <\/b><\/p>\n Service <\/b>to add in a <\/p>\n service address. <\/p>\n <\/p>\n Select Add <\/b><\/p>\n AKA\/DBA<\/b> to add in <\/p>\n an alternate name. <\/p>\n <\/p>\n Legal Rep. <\/b> is not <\/p>\n for the lawyer, but <\/p>\n for personal <\/p>\n These fields will not be visible until you <\/p>\n <\/p>\n representatives like <\/p>\n select the corresponding buttons. <\/p>\n a Guardian. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.4 <\/p>\n <\/a> Click on these <\/p>\n buttons to <\/p>\n display the <\/p>\n corresponding <\/p>\n data entry <\/p>\n fields <\/p>\n These fields <\/p>\n are <\/p>\n automatically <\/p>\n filled in from <\/p>\n information <\/p>\n provided <\/p>\n above <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.5 <\/p>\n <\/a> Immediately after the style of proceedings, the form contains instructions for the respondent to respond to the Notice of Family Claim and the time limits for filing the Response to Family Claim. <\/p>\n The instructions also provide instructions on how to make a counterclaim. <\/p>\n <\/p>\n The instructions are provided so that if the respondent fails to respond, it is because they choose not to participate, not because they do not know what to do. <\/p>\n <\/p>\n After the instructions to the respondent, the Notice of Family Claim continues with information about the parties and their relationship. <\/p>\n <\/p>\n Select all of the <\/p>\n boxes that <\/p>\n apply. In this <\/p>\n example, the <\/p>\n parties lived <\/p>\n together before <\/p>\n they got <\/p>\n married. The <\/p>\n dates are <\/p>\n entered by <\/p>\n typing the dates <\/p>\n in or selecting <\/p>\n the correct date <\/p>\n on the built in <\/p>\n calendar. <\/p>\n Indicate whether or <\/p>\n not there are any prior <\/p>\n agreements or court <\/p>\n proceedings. <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.6 <\/p>\n <\/a> Select all the claims the claimant is <\/p>\n asking for. Like the Notice of Joint <\/p>\n Family Claim, each claim has a <\/p>\n corresponding schedule which has <\/p>\n to be completed. For every box <\/p>\n you click the appropriate schedule <\/p>\n will be added to the end of the <\/p>\n form. If you don\u2019t do it correctly <\/p>\n here, your form will be missing <\/p>\n pages. <\/p>\n The address for <\/p>\n registry entered <\/p>\n on the front page <\/p>\n is automatically <\/p>\n inserted. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.7 <\/p>\n <\/a> The address for <\/p>\n service entered on <\/p>\n the front page is <\/p>\n automatically <\/p>\n If the Divorce Act <\/p>\n inserted, you can <\/p>\n is being relied <\/p>\n make formatting <\/p>\n upon, select <\/p>\n changes in this <\/p>\n \u201cParty\u2019s <\/p>\n Certificate\u201d, if the <\/p>\n section. <\/p>\n party is <\/p>\n represented by a <\/p>\n lawyer also select <\/p>\n \u201cLegal Adviser\u2019s <\/p>\n Certificate.\u201d <\/p>\n <\/p>\n <\/p>\n Following the certificates are five schedules which provide further information to support the claims made. The schedules are not shown as the fields are self-explanatory. <\/p>\n <\/p>\n Schedule 1<\/b> <\/p>\n Used for a claim for divorce. Contains personal information; grounds for divorce; confirmations regarding reconciliation and collusion; proof of marriage; and information on children of the marriage. <\/p>\n Schedule 2<\/b> <\/p>\n Used for a claim regarding children. Contains information about the children; orders sought; current parenting and child support arrangements; proposed parenting and child support arrangements; and income of the person paying support. <\/p>\n Schedule 3<\/b> <\/p>\n Used for a claim for spousal support. Contains information about current and proposed support arrangements; and the income of each party. <\/p>\n Schedule 4<\/b> <\/p>\n Used for a claim for property. Contains information about the property being claimed and requests a Certificate of Pending Litigation be placed against real property (land). The Certificate of Pending Litigation prevents the property from being sold if it is only registered under one party\u2019s name. <\/p>\n Schedule 5<\/b> Used for additional claims such as name changes. <\/p>\n <\/p>\n The next pages show what the Notice of Family Claim looks when the button \u201c\u201cPreview and Sign Document\u201d is selected: <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.8 <\/p>\n <\/a> <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.9 <\/p>\n <\/a> <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.10 <\/p>\n <\/a> <\/p>\n <\/p>\n <\/p>\n The lawyer will <\/p>\n apply their <\/p>\n <\/p>\n signature. <\/p>\n <\/p>\n <\/p>\n Key in the <\/p>\n <\/p>\n Insert the date the lawyer\u2019s <\/p>\n lawyer\u2019s name <\/p>\n digital signature is added. <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Some changes cannot be made in the \u201cPrint Preview and Sign Document\u201d screen. If any errors are found when reviewing the document, the \u201cClose Preview\u201d must be selected and the document must be edited where the data was first entered. The signature blocks, however, can only be completed in the \u201cPrint Preview and Sign Documents Screen\u201d <\/p>\n <\/p>\n An example of the Affidavit of Personal Service is shown on the next two pages. This affidavit is a regular pdf form. Note, when this document prints out, the spacing will be reduced and the affidavit will, in most circumstances, print out on one page. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.11 <\/p>\n <\/a> <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.12 <\/p>\n <\/a> The method of service will be indicated. In this example, the respondent identified himself by showing identification. If the identification is only by a photograph, an additional affidavit of the person providing the photograph is required. <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.13 <\/p>\n <\/a> Signature of the Deponent <\/i><\/p>\n The deponent<\/b> or person <\/p>\n The lawyer witnessing the deponent\u2019s <\/p>\n swearing the affidavit <\/p>\n signature must apply their digital <\/p>\n needs to obtain and apply <\/p>\n signature and key their name <\/p>\n their digital signature. <\/p>\n underneath. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.14 <\/p>\n <\/a> <\/p>\n STAGE THREE \u2013 Disclosure <\/b><\/p>\n <\/p>\n In civil litigation, when a party starts a court proceeding and properly notifies the other party who then fails to confirm their intent to defend the proceeding, there is no need for any form of disclosure. <\/p>\n <\/p>\n However, in family law if there is a claim for an order involving support or division of family assets, financial disclosure is required. The disclosure provides the court with the necessary evidence to establish a party\u2019s financial situation. <\/p>\n <\/p>\n Disclosure for Child Support <\/b><\/p>\n Under the Divorce Act, <\/b><\/i> the court has a duty to ensure that reasonable child support has been arranged under the Child Support Guidelines<\/b>. The Guidelines state that the parties can either: 1. agree on the amount of income to use to calculate support under the Guidelines 2. or, provide financial documentation to prove their income. <\/p>\n <\/p>\n Each province creates its own procedure to comply with the Child Support Guidelines<\/b> and <\/p>\n Divorce Act<\/b><\/i> requirements. To meet these requirements in British Columbia, the parties must complete and file a: <\/p>\n <\/p>\n 1. Form F9 Agreement as to Annual Income<\/b>, jointly, <\/b>if they agree 2. Form F8 Financial Statement<\/b>, individually, if they do not agree The following is an excerpt from the pdf version of Form F8: <\/p>\n <\/i><\/p>\n You must file financial information <\/b>(Form F8) if any of the following apply: <\/i><\/p>\n \u2022 there is a claim against you for spousal support or you are claiming spousal support; <\/i><\/p>\n \u2022 there is a claim by either party for the division of property and\/or debts under Part 5 <\/i><\/p>\n or 6 of the Family Law Act; <\/i><\/p>\n \u2022 there is a claim against you for the support of a child, OR <\/i><\/p>\n \u2022 you are claiming child support unless all <\/b>of the following conditions apply:<\/i> a. you are making no claim for any other kind of support;<\/i> b. the child support is for children who are not stepchildren;<\/i> c. none of the children for whom child support is claimed is 19 years of age or<\/i> older; <\/i><\/p>\n d. the income of the person being asked to pay child support is under $150 000 <\/i><\/p>\n per year; <\/i><\/p>\n e. you are not applying for special expenses under section 7 of the child support<\/i> guidelines; <\/i><\/p>\n f. you are not applying for an order under section 8 of the child support guidelines;<\/i> g. you are not applying for an order under section 9 of the child support guidelines;<\/i> h. you are not making a claim based on undue hardship under section 10 of the<\/i> child support guidelines. <\/i><\/p>\n If you do not file the financial information that is required, the court may attribute an amount<\/i> of income to you, and make a support award against you, based on that amount. <\/i><\/p>\n <\/p>\n <\/b><\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.15 <\/p>\n <\/a>Disclosure for Spousal Support and Division of Assets <\/b><\/p>\n <\/b><\/p>\n The Family Rules<\/i> state that Parts 1, 2 and 3 of the Form F8 Financial Statement must be used to provide evidence for spousal support (5-1(9)). In addition, when there is a claim for division of family assets (which is a claim under the Family Law Act<\/i>), Part 3 of the Form F8 Financial Statement must be filed. The Form F9 Agreement as to Annual Income cannot be used when division of family assets are claimed. <\/p>\n <\/p>\n As you learned in Chapter 6, the parties to a joint divorce have settled all the issues prior to filing a Notice of Joint Family Claim. Because all financial issues have been settled it is appropriate to complete a Form F9 Agreement as to Annual Income to disclose financial information. In an undefended divorce, the respondent has chosen not to be involved in the divorce process by not responding to the claimant\u2019s claims. If the respondent chooses not to be involved in settling support issues, then the claimant must prepare the Form F8 Financial Statement. <\/p>\n <\/b><\/p>\n Form F8 Financial Statement <\/b><\/p>\n <\/p>\n The Form F8 Financial Statement is designed to be used for child support, spousal support, or division of assets. The form is designed to meet the financial disclosure required under the Child<\/b> Support Guidelines<\/b>. The form is divided into 6 parts. Different parts of the form are completed depending on what the claims are being made. All the requirements for completing the form are set out in Rule 5-1 of the Family Rules<\/i>. <\/p>\n <\/p>\n Applicable Income Documents <\/b><\/p>\n <\/b><\/p>\n Rule 5-1 requires any party who must provide income information to file and serve the form along with any applicable income documents<\/b>. Applicable income documents are extensively defined under the rule. The income documents are summarized below for reference. <\/b><\/p>\n <\/b><\/p>\n APPLICABLE INCOME DOCUMENTS <\/b><\/i><\/p>\n Revenue Canada documents <\/b><\/i><\/p>\n \u2022 a copy of every personal income tax return filed by the person for each of the 3 most recent taxation years, <\/p>\n \u2022 a copy of every notice of income tax assessment or reassessment issued to the person for each of the 3 most recent taxation years <\/p>\n Person receiving government benefits <\/b><\/i><\/p>\n \u2022 if the person is receiving employment insurance benefits, a copy of the 3 most recent employment insurance benefit statements, <\/p>\n \u2022 if the person is receiving workers' compensation benefits, a copy of the 3 most recent workers' compensation benefit statements, <\/p>\n \u2022 if the person is receiving social assistance, current documentary evidence of the social assistance that is being received by that person <\/p>\n <\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/i><\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.16 <\/p>\n <\/a> Person is an employee <\/b><\/i><\/p>\n \u2022 the most recent statement of earnings indicating the total earnings paid to the person in the year to date, including overtime, or <\/p>\n \u2022 if that statement is not provided by the employer, a letter from the person's employer setting out the information referred to in subparagraph (i) and including the person's rate of annual salary or remuneration <\/p>\n Person is self-employed. <\/b><\/i> The following information for the 3 most recent taxation years: <\/b><\/i><\/p>\n \u2022 the financial statements of the person's business or professional practice, other than a partnership; <\/p>\n \u2022 a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the person does not deal at arm's length, <\/p>\n \u2022 if the person is a partner in a partnership, confirmation of the person's income and draw from, and capital in, the partnership for each of its 3 most recent taxation years <\/p>\n Person controls a corporation<\/b><\/i>. The following information for the corporation's 3 most recent taxation years: <\/p>\n \u2022 the financial statements of the corporation and its subsidiaries; <\/p>\n \u2022 a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm's length <\/p>\n Person is a beneficiary under a trust <\/b><\/i><\/p>\n \u2022 a copy of the trust settlement agreement and copies of the trust's 3 most recent financial statements <\/p>\n Person owns interest in real property <\/b><\/i><\/p>\n \u2022 a copy of the most recent assessment notice issued from an assessment authority for each property <\/p>\n <\/b><\/p>\n Numbering Applicable <\/b><\/p>\n The Applicable Income Documents will be attached to Form F8. Under Family Rule<\/i> 5-1(3), the applicable income documents must be numbered sequentially. Because three years of some documents are required, referring to a particular page could become confusing. Renumbering the documents provides clarity if the parties have to refer to them in a hearing or conference. <\/p>\n <\/p>\n Service of Form F8 Financial Statement <\/b><\/p>\n Rule 5-1(11) defines the time limits for service. Under that rule, a claimant has to file and serve a Financial Statement along with any applicable income documents within 30 days of filing of the Notice of Family Claim. If the respondent lives within Canada or the United States, they have to file and serve a Financial Statement along with any applicable income documents within 30 days of receiving the Notice of Family Claim. If the respondent lives outside of Canada or the United Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.17 <\/p>\n <\/a>States, the time limit for filing the Form F8 Financial Statement is 60 days. Where a party does not comply with the filing of financial information the court can proceed and \u201cimpute\u201d income to them or apply the remedies for contempt of court e.g. arrest. <\/p>\n <\/p>\n Service can be either personal service or ordinary service<\/b>. Ordinary service<\/b> means delivering the documents to the address filed with the court as the address for service. The claimant\u2019s address for service is found on the Notice of Family Claim. The respondent\u2019s address for service is found on the Response to Family Claim. <\/p>\n <\/p>\n Since the requirement to provide the Financial Statement and applicable income documents arises automatically with the filing of the Notice of Family Claim that includes a claim for support or division of property, the claimant will know that they need to provide them at the start of the process when they are drafting their Notice of Family Claim. It would be more practical for the claimant to file a Financial Statement and applicable income documents at the same time the Notice of Family Claim is filed. All the documents could be served on the respondent at the same time. <\/p>\n <\/p>\n Serving the Notice of Family Claim and the financial documents together eliminates the waiting time that would occur if the claimant served a Notice of Family Claim, waited for the respondent to file a Response to Family Claim, and then served the financial documents. <\/p>\n <\/p>\n If the proceeding is undefended, the claimant does not need to prove that the Financial Statement was served in order to obtain judgment. Where the respondent is the payor and does not respond to the action, the Court may \u201cimpute\u201d an amount of income that will be the basis of an order after reviewing any evidence the claimant has on the respondent\u2019s income. <\/p>\n <\/p>\n An example of the Financial Statement is shown on the following page: Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.18 <\/p>\n <\/a> <\/p>\n The Financial Statement is a sworn <\/p>\n affidavit so needs to be identified by <\/p>\n deponent and the number of affidavit <\/p>\n filed by the deponent in this case. <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.19 <\/p>\n <\/a> The date on the jurat should match the <\/p>\n identifying date on the front of the <\/p>\n affidavit. The digital signatures of the <\/p>\n deponent and lawyer swearing the <\/p>\n affidavit must be applied. <\/p>\n <\/p>\n Name of lawyer swearing Financial <\/p>\n Statement is keyed in. <\/p>\n The Financial <\/p>\n Statement is <\/p>\n comprised of 6 parts. <\/p>\n The parts which are <\/p>\n completed depend <\/p>\n on the case at hand. <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.20 <\/p>\n <\/a> A person must supply income documentation which depends on how they obtain their income. The first box must ALWAYS be selected. <\/p>\n <\/p>\n Selected in this <\/p>\n example <\/p>\n because person <\/p>\n is an employee. <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.21 <\/p>\n <\/a> <\/p>\n In lines 1 to 7, enter <\/p>\n the annual amount <\/p>\n that the person will <\/p>\n receive under each <\/p>\n source of income. <\/p>\n The total will <\/p>\n automatically appear <\/p>\n in line 8. <\/p>\n <\/p>\n Fill in Schedule A on the next page if <\/p>\n there is Other Income. <\/p>\n Enter any adjustments to income. Fill in <\/p>\n <\/p>\n Schedule B if there is child support <\/p>\n adjustments on line 10. <\/p>\n <\/p>\n Lines 12, 13 and 14 are only required if claiming special expenses. <\/p>\n If the person is already receiving or paying any spousal support, enter those amounts into lines 12 and 13. Add any universal child care benefits into line 14. <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.22 <\/p>\n <\/a> Lines 16, 17 and 18 are only required if there is a claim for spousal support. Add in any child support being received, social assistance, and Child Tax Benefit and BC Family Bonus. <\/p>\n <\/p>\n Schedule A is filled in if the <\/p>\n person has other income that <\/p>\n goes in line 7 on previous page. <\/p>\n Enter annual amounts. <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.23 <\/p>\n <\/a> <\/p>\n Schedule B is filled in if the person <\/p>\n has child support guideline <\/p>\n adjustment that goes in line 10 in <\/p>\n Part 1. Enter annual amounts. <\/p>\n These are adjustments from <\/p>\n Schedule III of the guidelines. <\/p>\n <\/p>\n Throughout the remainder of the form, if you need to <\/p>\n add another entry line for another item, click on the <\/p>\n green + buttons. <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.24 <\/p>\n <\/a> Part 2 is a statement of the person\u2019s monthly <\/p>\n expe nses. Enter the monthly amount. The <\/p>\n total will be given at the end. Part 2 continues <\/p>\n for the next 3 pages. <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.25 <\/p>\n <\/a> <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.26 <\/p>\n <\/a> Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.27 <\/p>\n <\/p>\n <\/a> Part 3 is a statement of the <\/p>\n person\u2019s assets and debts. It <\/p>\n continues for the next 2 pages. <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.28 <\/p>\n <\/a> <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.29 <\/p>\n <\/a> These items <\/p>\n were listed by <\/p>\n clicking on <\/p>\n green + <\/p>\n button to add <\/p>\n another line <\/p>\n for the line of <\/p>\n credit. <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.30 <\/p>\n <\/a> The requirement to list disposed of <\/p>\n property prevents parties from getting <\/p>\n <\/p>\n rid of assets to hide them or the <\/p>\n <\/p>\n proceeds from the proceedings. <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.31 <\/p>\n <\/a> <\/p>\n <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.32 <\/p>\n <\/a> <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n Page 15 of 15 <\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n STAGE FOUR - Hearing <\/b><\/p>\n <\/p>\n Because an undefended divorce is non-contentious, it can be decided by a desk order <\/b>just like a joint divorce. Rule 10-10(2) of the Family Rules<\/i>, which is the same rule that applied to obtaining a desk order for a joint divorce, lists the documents that must be filed in order to obtain a final order in an undefended divorce. <\/p>\n <\/p>\n The documents are the same as those used to obtain an order for a joint divorce, with two additional requirements: <\/p>\n 1. There must be proof that the proceeding is undefended. <\/p>\n 2. There must be proof that the respondent was served with the Notice of Family Claim. <\/p>\n <\/p>\n Documents Required for an Undefended Divorce <\/b><\/p>\n (a) <\/p>\n Form F35 Requisition; <\/p>\n (b) <\/p>\n Form F52 Draft of the Final Order; <\/p>\n (c) <\/b><\/p>\n Proof that the proceeding is undefended; <\/b><\/p>\n (d) <\/p>\n Form F36 Certificate of the Registrar; <\/p>\n (e) <\/b><\/p>\n Proof of service; <\/b><\/p>\n (f) <\/p>\n if there is a child of the marriage within the meaning of the Divorce Act or <\/i> child support is involved, Form F37 Child Support Affidavit; <\/p>\n (f.1) if guardianship of one or more children is being sought, an Affidavit in Form F101; and <\/p>\n (g) <\/p>\n Form F38 Affidavit \u2013 Desk Order Divorce. <\/p>\n <\/p>\n In Chapter 6, the traditional paper or Word versions of Forms F35, F52, F36, F37 and F38 were used. PDF versions of these forms are also available and will be used in this chapter. Forms shown in Chapter 6 are not repeated in this chapter as they are substantively the same. <\/p>\n <\/p>\n Proof that the proceeding is undefended<\/b> <\/p>\n There are several ways in which a proceeding can be determined to be undefended: <\/p>\n \u2022 The simplest is the respondent failing to file a Response to Family Claim. <\/p>\n \u2022 Or, the respondent might file a Response to Family Claim, then withdraw it. <\/p>\n \u2022 Or, the court could order the Response to Family Claim to be treated as invalid because the respondent fails to follow other procedures later in the proceeding. <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.33 <\/p>\n <\/a>If the respondent withdraws a Response to Family Claim or the court orders it invalid, there would be a court document reflecting that event. That document would be filed as proof that the proceeding is undefended. <\/p>\n <\/p>\n This text will focus on a situation where the respondent fails to file a Response to Family Claim. <\/p>\n There is no court document that is automatically generated if the respondent fails to file a Response to Family Claim. The claimant must file a Form F17 Requisition - General<\/b> requesting the registry staff to check the court file for a Response to Family Claim. The staff will note the lack of a Response to Family Claim on the Requisition and return it to the claimant. The claimant must include Form F17 with the documents being sent to obtain the desk order. <\/p>\n <\/p>\n The Form F17 Requisition - General<\/b> is a generic Requisition that can be used to make simple requests to the registry staff. An example of the Form F17 Requisition used to request a search for a Response to Family Claim is shown on the following page. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.34 <\/p>\n <\/a> For this situation, only a request is required. No supporting documents are needed. <\/p>\n <\/p>\n The general F17 Requisition is used for a variety of <\/p>\n requests. Some requests require the filing of supporting <\/p>\n documentation. The documentation should be listed. Each <\/p>\n individual document that needs to be filed should be <\/p>\n <\/p>\n <\/p>\n entered into its own field. Click the green ADD button for additional fields. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.35 <\/p>\n <\/a>Proof of Service <\/b><\/p>\n Normally the Affidavit of Service must be filed to prove documents have been served. In an undefended divorce, the Affidavit of Service is required only to prove the divorce is undefended. <\/p>\n <\/p>\n If the respondent has filed a Response to Family Claim, the proceeding is defended and there is no need to file the Affidavit of Service. By filing the Response to Family Claim, the respondent has proven that they are aware of the proceeding. <\/p>\n <\/p>\n <\/p>\n COSTS <\/b><\/p>\n <\/p>\n The claimant may ask for costs to offset the legal expense and effort the claimant had to incur to obtain the divorce order. Costs are built into the family litigation process to encourage parties to finish the proceedings as quickly as possible. The longer the proceeding takes, the higher the costs become. <\/p>\n <\/p>\n Costs are generally awarded to the successful party. In the case of an undefended divorce, the claimant is the successful party. Rule 16-1 gives the rules for awarding costs. Appendix B sets out the tariff<\/b> or amount of costs awarded. The tariff is based on the scale<\/b> and schedule<\/b> of items<\/b>. <\/p>\n <\/p>\n The first step is to determine the scale<\/b> which refers to the level of difficulty. There are three levels of difficulty: less than ordinary difficulty, ordinary difficulty, or more than ordinary difficulty. The court must specifically state that a proceeding is one of less than ordinary difficulty, or one of more than ordinary difficulty. If the court does not state otherwise, the presumption is that the matter was one of ordinary difficulty. Undefended divorces will most likely be considered a matter of less than ordinary difficulty. <\/p>\n <\/p>\n After determining the scale, the party entitled to costs must make a claim using the schedule of<\/b> items<\/b>. The schedule lists all the steps that may be taken in the proceeding. The party entitled to costs claims for each of the steps they took. <\/p>\n <\/p>\n Undefended divorces are very simple. The only steps the claimant needed to take was to file and serve the Notice of Family Claim and (possibly the Financial Statement). The final divorce order can then be applied for without further proceedings. Usually in a proceeding with no applications, the claimant only claims for the first item on the schedule. <\/p>\n <\/p>\n The party entitled to costs can also claim for any reasonable disbursements or out of pocket expenses. The total of costs and disbursements will be paid by the unsuccessful party, the respondent in an undefended divorce. A Form F71 Bill of Costs<\/b> is drafted by the party entitled to costs. The other party can accept it, negotiate the amount claimed, or have the Registrar assess the Bill of Costs. If the parties consent or the Registrar assesses the Bill of Costs, a Form F72 <\/b><\/p>\n Certificate of Costs<\/b> is completed. <\/p>\n <\/p>\n Partial examples of the Bill of Costs is shown below:<\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.36 <\/p>\n <\/a> <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.37 <\/p>\n <\/a> <\/p>\n Do not include <\/p>\n taxes for non-<\/p>\n taxable <\/p>\n disbursements <\/p>\n <\/p>\n <\/p>\n Parts of the Bill of Costs <\/b><\/p>\n <\/b><\/p>\n Part C. <\/b> Records any additional costs that may have been ordered by a judge or master during the course of the proceeding. As this is an undefended divorce, no additional costs would have been ordered. <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.38 <\/p>\n <\/a>Part D. <\/b> Shows the total of all items claimed. If the claimant paid taxes on their legal fees, they may claim the same tax percentages on the total of the items. <\/p>\n <\/p>\n Part E. <\/b>Shows the disbursements. Reasonable disbursements can be claimed. The fees for filing the Notice of Family Claim, Requisition for a desk order, and electronic filing fee are prescribed under Appendix C of the Family Rules<\/i>. These are non-taxable disbursements. <\/p>\n <\/p>\n The process server and photocopies were incurred by the law firm but can be added to the Bill of Costs. All the amounts claimed go in the \u201cClaimed\u201d column. The \u201cAllowed\u201d column is used by the Registrar if the respondent disputes the amounts and has the Bill of Costs assessed. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.39 <\/p>\n <\/a>Chapter 7 Review <\/b><\/p>\n <\/p>\n Use these questions to check your understanding of Chapter 7. The answers can be found in the data file named Ch7ReviewKey.docx<\/i> <\/p>\n <\/p>\n 1. How is using a PDF form different from using an XML form? <\/p>\n <\/p>\n 2. Explain why a marriage certificate must be filed with a Notice of Family Claim. <\/p>\n <\/p>\n 3. If a Notice of Family Claim is personally served on Friday, August 6, 2021 at 4:15 p.m., on what day is service deemed to have occurred? <\/p>\n <\/p>\n 4. How is personal service of a document proven? <\/p>\n <\/p>\n 5. For each of the following claims indicate on which form financial disclosure can be made, on the F8, on the F9 or on either of Forms F8 or F9: A. claim for spousal support <\/p>\n B. claim for child support <\/p>\n C. claim for division of assets <\/p>\n <\/p>\n 6. For each of the following applicants, list the schedules which must be included with the Notice of Family Claim. <\/p>\n <\/p>\n A. Hannah wants a divorce. She has no children, she wants the matrimonial home, and she expects her spouse to support her. <\/p>\n B. Harvey\u2019s spouse committed adultery. He wants a divorce and all parental responsibilities of the children. He wants to buy his spouse\u2019s interest in the family home so the children can remain with him. <\/p>\n C. Abby is very upset because her spouse has been emotionally abusive. She wants a divorce and to change her name back to her surname at birth. She wants no reminder of her marriage to Edward. <\/p>\n <\/p>\n 7. Why is it important to renumber the applicable income documents attached to Form F8? <\/p>\n <\/p>\n 8. What is the time allowed for: <\/p>\n <\/p>\n A. the claimant to file a Form F8. <\/p>\n B. the respondent to file a Form F8. <\/p>\n <\/p>\n 9. How must a Form F8 be served? <\/p>\n <\/p>\n 10. Why is it to the claimant\u2019s advantage to file the Form F8 along with the Form F3? <\/p>\n <\/p>\n 11. List 3 circumstances that determine a divorce is undefended. <\/p>\n <\/p>\n 12. List the documents required for an undefended divorce. <\/p>\n <\/p>\n 13. Name two documents used to prove a divorce is undefended. <\/p>\n <\/p>\n 14. What are the three levels on the scale used to determine costs for the Bill of Costs? <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.40 <\/p>\n <\/a> <\/p>\n 15. What is a schedule of items? <\/p>\n <\/p>\n 16. Identify what is contained in each of the following parts of Form F71. <\/p>\n A. <\/p>\n B. <\/p>\n <\/p>\n C. <\/p>\n <\/p>\n D. <\/p>\n <\/p>\n E. <\/p>\n <\/p>\n <\/b><\/p>\n Chapter 7 Terminology <\/b><\/p>\n <\/p>\n Use a legal dictionary to find the definitions of the following words. <\/p>\n <\/p>\n counterclaim <\/p>\n ordinary service <\/p>\n personal service <\/p>\n tariff <\/p>\n claimant <\/p>\n <\/p>\n <\/b><\/p>\n <\/b><\/p>\n PE7 PRACTICE EXERCISE\u2014Bauer Undefended Divorce <\/b><\/p>\n <\/b><\/p>\n In this practice exercise you are the legal administrative assistant for Gail B. Amherst of Amherst Brown & Company. Ms. Amherst has interviewed Meghan Bauer. <\/b>She gives you the Bauer Client Information Sheet she has prepared and asks you to open a client folder. <\/p>\n (Assume you have opened a client folder.) For online students, download the data file named FileContents.docx, and fill in the list as the documents are completed. Classroom students will hand in their folder. <\/p>\n <\/b><\/i><\/p>\n Documents\/files you need: <\/b><\/i><\/p>\n <\/p>\n \u2022 Bauer Client Information Sheet, from the data file folder <\/p>\n \u2022 Google \u201cFamily Forms Supreme BC\u201d and download: F3.pdf; F8.pdf; F15.pdf; F35.pdf; F52.pdf; F17.pdf; F36.pdf; F38.pdf; F37.pdf <\/p>\n <\/p>\n <\/b><\/p>\n Commencement, Notification, Disclosure <\/b><\/p>\n <\/b><\/p>\n You prepare the Claimant\u2019s Form F3\u2014Notice of Family Claim <\/b> <\/p>\n <\/b><\/i><\/p>\n Check your work with the file named PE7F3Key.pdf<\/i><\/b> <\/b><\/p>\n <\/b><\/i><\/p>\n 1. Open the file F3.pdf and save it as PE7F3YourLastName. <\/b><\/i> <\/p>\n 2. Leave the File Number blank; the court clerk will assign and write in the number when the document is filed. <\/p>\n 3. Select the New Westminster registry from the drop down menu. (Note: this information will be automatically added to section 6. <\/p>\n 4. Key the information about the Claimant. <\/p>\n a. Key the Claimant\u2019s name. <\/p>\n b. Click on Relationship<\/b> and key: married to Lucas Paul Bauer c. Click on Address for Service<\/b> and select the box next to Counsel Address. <\/p>\n i. <\/p>\n Key in the address for Amherst Brown & Company: 5432 West Pender Street, Vancouver, British Columbia, Canada. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.41 <\/p>\n <\/a>ii. <\/p>\n Include the fax number\u2014604-555-0151, but do not key in the e-mail address because Ms. Amherst does not want to receive e-mail messages about client files. <\/p>\n <\/p>\n 5. Then add information for the Respondent\u2019s name. <\/p>\n a. Click on Relationship<\/b> and key: married to <\/b>Meghan Pearl Bauer. <\/p>\n <\/p>\n 6. Complete the next 7 sections of the Notice of Family Claim (note: these section numbers will change in the print preview screen, the below noted section numbers correspond to the data entry screen) <\/b><\/p>\n <\/p>\n 4\u2014Information about the parties <\/b><\/p>\n Notice that this information fills in automatically. <\/p>\n <\/p>\n <\/p>\n 5\u2014Spousal relationship history <\/b><\/p>\n <\/p>\n <\/p>\n Get information from the Bauer Client Information Sheet. <\/p>\n <\/p>\n <\/p>\n 6\u2014Prior court proceedings and agreements<\/b> <\/p>\n <\/p>\n <\/p>\n There are none. <\/p>\n <\/p>\n <\/p>\n 7\u2014The Claimant\u2019s claims <\/b><\/p>\n Ms. Bauer wants a divorce, child support and spousal support. She also wants to change her surname to Beukert and she wants her spouse to pay costs. <\/p>\n <\/p>\n 8\u2014Place of trial will be <\/b>New Westminster Law Courts. After selecting from the dropdown box, press enter and the location will fill in automatically. <\/b><\/p>\n <\/p>\n <\/p>\n <\/p>\n 9\u2014Address of the Registry: <\/b>will fill in automatically after the court is chosen in Section 8 above \u2013 edit it to format it correctly (see page 7.12 for example) <\/p>\n <\/b><\/p>\n <\/p>\n <\/p>\n 10\u2014Address for Service<\/b> \u2013 will fill in automatically Certificates<\/b>: click on boxes beside both certificates and fill out corresponding names <\/p>\n <\/b><\/p>\n <\/p>\n <\/p>\n 7. You complete Schedules 1, 2, 3 and 4. <\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n Schedule 1\u2014Divorce <\/p>\n \u2022 Personal Information\u2014use the Client Information Sheet. <\/p>\n \u2022 Grounds for divorce: separation for one year. They have not lived together since. <\/p>\n \u2022 There is no possibility of reconciliation. There has been no collusion. <\/p>\n \u2022 Proof of Marriage: A certificate of marriage has been filed. <\/p>\n \u2022 Children: Select the box beside \u201cThe children of the marriage are\u201d. <\/p>\n Use the client information sheet to fill in the information about the children. All children reside with Meghan Pearl Bauer. <\/p>\n <\/p>\n <\/b><\/p>\n Schedule 2\u2014Children <\/p>\n \u2022 Identification of children: click on the Add Child<\/b> button. The children are natural children of both parents. The amount of child support sought is the guideline Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.42 <\/p>\n <\/a>amount. Click on the Save & Close<\/b> button when you finish entering each child\u2019s information. <\/p>\n \u2022 Orders sought: parenting arrangements and child support. <\/p>\n \u2022 Current parenting arrangements: the children reside with the Claimant from Sunday to Thursday and with the Respondent from Thursday to Sunday <\/p>\n \u2022 Proposed parenting arrangements: <\/p>\n 1. The children reside with the Claimant from Sunday to Thursday and with the Respondent from Thursday to Sunday pursuant to s. 16.1 and 16.2 of the Divorce Act<\/i> and s. 45 of the Family Law Act<\/i>, consistent with the best interests of the child pursuant to s.16(6) of the Divorce Act<\/i> and s.37(1) of the Family Law Act. <\/i> <\/p>\n 2. The Claimant and the Respondent are the guardians of the child under s. <\/p>\n 39(1) of the Family Law Act<\/i>. <\/p>\n 3. The Claimant and the Respondent will share all of the parental responsibilities under s. 41 of the Family Law Act<\/i> pursuant to s. 40(2) of the Family Law Act<\/i>, save and except in the event of a dispute between the parties related to a parenting issue, when the Claimant shall have the final decision-making authority pursuant to s. 16.3 of the Divorce Act <\/i> and s. 45(1) of the Family Law Act. <\/i> <\/p>\n \u2022 The statutes relied upon are the Divorce Act<\/i> and the Family Relations Act<\/i>. <\/p>\n \u2022 The current child support arrangements: the respondent is paying the claimant $1500 <\/p>\n child support per month on the first day of each month for the three children. <\/p>\n \u2022 Income of the person being asked to pay child support: $75,000. Meghan prepared Lucas\u2019 2022 income tax form. <\/p>\n \u2022 Proposed child support arrangements: select the box beside the sentence that starts with \u201csupport in the amount set out in the child support guidelines, commending on 17\/Dec\/2023\u2026.. <\/p>\n \u2022 Child support is sought under both the Divorce Act and the Family Law Act. <\/p>\n <\/p>\n <\/p>\n Schedule 3\u2014Spousal Support <\/p>\n \u2022 Current arrangements for spousal support: The respondent pays the claimant $500 on the first day of each month. (Use numbers only to express dollar amounts.) <\/p>\n \u2022 Proposed spousal support arrangements: The respondent pays to the claimant $500 on the first day of each month. <\/p>\n o The statutes under which she is asking for spousal support are the Divorce Act<\/i> and the Family Relations Act. <\/i> <\/p>\n \u2022 Income of claimant and respondent: Use the client information sheet for information about incomes of the claimant and the defendant. <\/p>\n o Claimant completed respondent\u2019s 2022 income tax form. <\/p>\n <\/p>\n <\/p>\n Schedule 5\u2014Other Orders <\/p>\n \u2022 Select the box next to \u201can order under the Name Act that my name be changed o from Meghan Pearl Bauer to Meghan Pearl Beukert. <\/p>\n \u2022 Select the box next to \u201cother orders\u201d <\/p>\n o key: Lucas Paul Bauer shall pay costs to Meghan Pearl Bauer under Supreme Court Family Rule 16-1. <\/p>\n <\/b><\/p>\n 8. Click on \u201cPreview and Sign Document\u201d: <\/b><\/p>\n \u2022 Ms. Amherst will be signing for the claimant (complete signature spots on pages 3 and 4, leave the date open) <\/b><\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.43 <\/p>\n <\/a>\u2022 Check the box for the Party\u2019s Certificate on page 7 and complete any missing information <\/b><\/p>\n \u2022 Check the box for the Legal Adviser\u2019s certificate on page 8 and complete any missing information <\/b><\/p>\n <\/b><\/p>\n 9. Save the changes. <\/b>Note, at this time, there is a glitch on Schedule 1 \u2013 Divorce: the city and province of marriage do not save and will need to be retyped if when you close and reopen your document. <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n You prepare the Claimant\u2019s Form F8\u2014Financial Statement <\/b><\/p>\n Save the completed F8 as: PE7F8YourLastName.pdf <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n Check your work with the data file named PE7F8Key.pdf<\/i><\/b> <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n Affidavit <\/p>\n \u2022 The Affidavit is sworn by Ms. Bauer on November 17, 2023. It is the first Affidavit she has sworn in this case. <\/p>\n \u2022 Complete the Style of Proceedings so it matches the Form 3 Notice of Family Claim <\/p>\n \u2022 Use the address of Amherst Brown & Company as the address for delivery. <\/p>\n \u2022 Ms. Bauer is not anticipating significant changes in the information she is providing for this document. <\/p>\n \u2022 Gail Amherst will take Ms. Bauer\u2019s affidavit. Do not date the jurat. It will be completed at the time the document is executed by the claimant. <\/p>\n <\/p>\n You will complete Parts 1, 2 and 3. <\/p>\n <\/p>\n <\/p>\n <\/p>\n PART 1\u2014INCOME <\/p>\n <\/p>\n \u2022 Check the first box in A Employer Information. <\/b> Get the information from the Bauer Client Information Sheet. <\/p>\n \u2022 Check the first three boxes in B Documentation supplied. <\/b> <\/p>\n \u2022 Information required for C Annual Income<\/b> comes from the Bauer Client Information Sheet and the following facts: <\/p>\n o Meghan Pearl Bauer is paid monthly. <\/p>\n o She does not receive Employment Insurance benefits, or Worker\u2019s Compensation benefits. She does not receive any other income. <\/p>\n o Annual union dues: $1,000 <\/p>\n o Annual spousal support: $6,000 <\/p>\n o Annual child support received: $17,508 <\/p>\n o Annual Child Tax Benefit and BC Family Bonus: $42,399.48 <\/p>\n \u2022 There is nothing to report for Schedule A nor for Schedule B. <\/p>\n <\/p>\n PART 2\u2014MONTHLY EXPENSES <\/p>\n \u2022 Compulsory Deductions <\/p>\n o CPP--$166.67 <\/p>\n o EI Premiums--$58.33 <\/p>\n o Income taxes--$1,000 <\/p>\n o Employee pension contributions--$336.14 <\/p>\n \u2022 Housing <\/p>\n o Rent--$1650 <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.44 <\/p>\n <\/a>o Property Insurance\u2014$30 <\/p>\n <\/p>\n \u2022 Utilities <\/p>\n o Heat and Electricity--$180 <\/p>\n o Telephone--$51 <\/p>\n o Cellular Phone--$60 <\/p>\n o Cable TV--$36 <\/p>\n o Internet Service--$20 <\/p>\n \u2022 Household expenses <\/p>\n o Food--$1100 <\/p>\n o Household supplies--$900 <\/p>\n o Meals outside the home--$180 <\/p>\n o Furnishings and equipment--$170 <\/p>\n \u2022 Transportation <\/p>\n o Gas and oil--$180 <\/p>\n o Car insurance and license--$150 <\/p>\n o Lease payments--$280 <\/p>\n \u2022 Health <\/p>\n o MSP premiums--$114 <\/p>\n \u2022 Personal <\/p>\n o Clothing--$150 <\/p>\n o Hair--$35 <\/p>\n o Toiletries--$40 <\/p>\n o Life Insurance\u2014$56 <\/p>\n o Gifts--$150 <\/p>\n \u2022 Children <\/p>\n o Child care--$900 <\/p>\n o Clothing--$120 <\/p>\n o Entertainment\u2014$80 <\/p>\n o Gifts--$150 <\/p>\n \u2022 Savings <\/p>\n o RRSP--$200 <\/p>\n o RESP\u2014$300 <\/p>\n <\/p>\n PART 3\u2014PROPERTY <\/p>\n Assets <\/p>\n \u2022 TD Savings Account No. 503-216-1108--$8,000 <\/p>\n \u2022 TD Chequing Account No. 503-219-1109--$3,000 <\/p>\n \u2022 TD RRSP--$4,800 <\/p>\n \u2022 TD RESP--$3,600 <\/p>\n Debts <\/p>\n \u2022 None <\/p>\n <\/p>\n PARTS 4, 5 and 6 <\/p>\n Nothing to report <\/p>\n <\/p>\n ASSUME: you have prepared a cheque for filing fees. <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.45 <\/p>\n <\/a>Filing the Notice of Family Claim and the Financial Statement <\/b><\/p>\n <\/b><\/p>\n Ms. Amherst asks you to include the Bauer Notice of Family Claim and the Bauer Financial Statement in the stack of documents that the agent will take to the court registry to be filed. The agent picks up the documents and files them at the Court Registry. <\/p>\n <\/p>\n A few days later the agent brings back the filed Bauer Notice of Family Claim and the Bauer Financial Statement with the number E89130<\/b> stamped on them. <\/p>\n <\/p>\n Today is November 18, 2023 <\/b><\/p>\n <\/b><\/p>\n You serve the F3 and the F8 on the Respondent. <\/b><\/p>\n <\/p>\n Because you live in the same neighborhood as the Respondent, and because you told Ms. <\/p>\n Amherst you\u2019d like to serve a document for the experience, she hands you the Bauer documents and asks you to serve them on the Respondent. <\/p>\n <\/p>\n On November 18 on the way home from work, you stop at the Respondent\u2019s home, and ring the doorbell. When the Respondent answers the door, you tell him you have court documents for him, and ask him for picture identification. He produces his BC photo driver\u2019s license number 8893175. At 6:30 p.m. you hand him the F3 and the F8 along with a blank F4 Response and a blank F8 Financial Statement. <\/p>\n <\/p>\n <\/p>\n Today is November 19, 2023 <\/b><\/p>\n <\/b><\/p>\n You<\/b> prepare Form F15 Affidavit of Personal Service. <\/b><\/p>\n <\/b><\/p>\n Check your work with the data file named PE7F15Key.pdf <\/i><\/b><\/p>\n <\/b><\/i><\/p>\n 1. Open the F15. Save it with the name PE7F15YourName<\/b><\/i>. <\/p>\n 2. In the applicable fields: <\/p>\n a. Key in the file number and select the Court Registry. <\/p>\n b. Key in the full legal names of the Claimant and the Respondent (must match what was keyed in on Form 3) <\/p>\n c. Key in your full legal name and the law firm address. <\/p>\n d. Your occupation is legal administrative assistant. <\/p>\n e. Fill in the date you served the document (November 18\u2014use the correct format for the date) and the time you served the document (6:30 p.m.) f. Fill in the full legal name of the Respondent. <\/p>\n g. Fill in Notice of Family Claim and Financial Statement of the Claimant. <\/p>\n h. Fill in address of the Respondent. <\/p>\n i. Select the box that says \u201cI do not know the person served\u201d. <\/p>\n j. Select the box that starts with \u201cthe person I served produced the following identification\u2026.. and complete the information. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.46 <\/p>\n <\/a>k. You will swear this information at the office (Vancouver) before Gail B. Amherst on November 19, 2023. Key in the date. To complete the affidavit you would photocopy a copy of the filed Notice of Family Claim and the Financial Statement of the claimant and attach them behind the numbered paragraphs of the Form 15, placing an exhibit stamp on the first or last page of the two documents. You would then number the pages of the exhibits by hand, add a backing sheet if desired by a lawyer, and staple the whole of it together to make a complete affidavit. For purposes of this exercise you are not required to fully complete this affidavit as described. <\/p>\n 3. Save the changes. <\/p>\n <\/p>\n PE7 PRACTICE EXERCISE\u2014Hearing <\/b><\/p>\n <\/b><\/p>\n Lucas Paul Bauer had 30 days to file an F4 Response to Family Claim. <\/b> The court registry has 21 days to send a notice to the Claimant when a Respondent<\/b> has filed an F4<\/b>. <\/p>\n <\/p>\n How are days counted? <\/b><\/p>\n <\/p>\n \u2022 RULE 21-2(1) Time periods of less than 7 days exclude holidays in counting the time period unless a specific rule says otherwise. (\"Holiday\" is defined in the Interpretation<\/i> Act<\/i> as including Sundays and the usual major holidays.) Time periods of 7 days or more count weekends and holidays. <\/p>\n <\/p>\n \u2022 RULE 21-1(2), 21-2(2) The court may extend or shorten any period of time on application, and applications to extend a time period may be brought after the period has expired. <\/p>\n <\/p>\n More than 51 days have passed. There has been no notice sent by the court registry to Ms. <\/p>\n Bauer in care of Amherst Brown & Company that a Response to Notice of Family Claim has been filed. You will now begin preparing the documents for an undefended divorce<\/b>. <\/p>\n <\/p>\n For the Bauer file<\/b> you will prepare: F35 Requisition; F52 Final Order; F17 Requisition; F36 <\/p>\n Certificate of Pleadings; F37 Child Support Affidavit; F38 Affidavit\u2014Desk Order Divorce. <\/p>\n <\/b><\/p>\n <\/b><\/p>\n You prepare the Claimant\u2019s Form F35\u2014Requisition <\/b> <\/p>\n <\/b><\/i><\/p>\n Check your work with the data file named PE7F35Key.pdf <\/i><\/b><\/p>\n <\/b><\/i><\/p>\n 1. Open the F35 and save it with the name PE7F35YourName<\/b><\/i>. <\/p>\n 2. In the applicable field: <\/p>\n a. Key in the Court number and select the Court Registry. <\/p>\n b. Key the full legal names of the Claimant and the Respondent (they must match the Form 3). <\/p>\n 3. The document is being filed by Ms. Bauer. <\/p>\n 4. Under the heading FILED WITH THIS REQUISITION ARE, select the boxes in front of draft of the order sought; proof that the case is an undefended family law case; Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.47 <\/p>\n <\/a>certificate of the registrar in Form F36; filing fee; proof of service of the Notice of Family Claim; Child Support Affidavit in Form F37; affidavit in Form F38. <\/p>\n 5. This document will be signed by Gail B. Amherst. Leave room for the date. <\/p>\n 6. Be sure to include the name of the claimant where it says \u201clawyer for ______________\u201d <\/p>\n 7. Save the changes. <\/p>\n <\/b><\/p>\n You prepare the Claimant\u2019s Form F52\u2014Draft of the Final Order <\/b><\/p>\n <\/p>\n <\/b><\/i><\/p>\n Check your work with the data file named PE7F52Key.pdf <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n Open the F52 and save it with the name PE7F52YourName<\/b><\/i>. <\/p>\n 1. In the applicable field: Key the full legal names of the Claimant and the Respondent (this must match what was keyed in on the Form 3). <\/p>\n 2. Select \u201cA Master of the Court\u201d. <\/p>\n 3. Click on the field for 3. You should see a statement that starts with \u201cas an undefended family law case\u2026..\u201d and leave that to fill in the box and go on to number 4. <\/p>\n 4. Choose \u201cYes\u201d. <\/p>\n The next field should fill in with a statement that starts with \u201cthe 31st day after\u2026.\u201d Go to number 5. <\/p>\n 5. Choose \u201cYes\u201d. <\/p>\n 6. At number 6, choose \u201c7\u201d terms. <\/p>\n 7. At number 7, Choose \u201c1\u201d. <\/p>\n 8. Click on Generate Form<\/b> <\/p>\n 9. Fill in the Court No. and choose the Court Registry. <\/p>\n 10. Fill in the names of the Claimant and the Respondent, and the details of the marriage. <\/p>\n 11. Key the following paragraphs, one in each of the boxes under THIS COURT ORDERS <\/p>\n that\u2026 You should not have to press \u201cinsert\u201d as this will add an additional box. <\/p>\n a) The children, Jacob Michael Bauer, Caden Cody Bauer, and Noah Nicholas Bauer shall reside with the Claimant, MEGHAN PEARL BAUER, from Sunday to Thursday and with the Respondent, LUCAS PAUL BAUER, from Thursday to Sunday pursuant to s. 16.1 and 16.2 of the Divorce Act and s. 45 of the Family Law Act, consistent with the best interests of the child pursuant to s.16(6) of the Divorce Act and s.37(1) of the Family Law Act. <\/p>\n <\/p>\n b) The Claimant and the Respondent are the guardians of the child under s. 39(1) of the Family Law Act. <\/p>\n <\/p>\n c) The Claimant and the Respondent will share all of the parental responsibilities under s. 41 of the Family Law Act pursuant to s. 40(2) of the Family Law Act, save and except in the event of a dispute between the parties related to a parenting issue, when the Claimant shall have the final decision-making authority pursuant to s. 16.3 <\/p>\n of the Divorce Act and s. 45(1) of the Family Law Act. <\/p>\n <\/p>\n d) LUCAS PAUL BAUER shall pay to MEGHAN PEARL BAUER child support according to the Child Support Guidelines in the amount of $1522 on the first day of Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.48 <\/p>\n <\/a>December 2023 and on the first day of each month thereafter. <\/p>\n <\/p>\n e) LUCAS PAUL BAUER shall pay to MEGHAN PEARL BAUER spousal support in the amount of $500 on the first day of each month. <\/p>\n <\/p>\n f) MEGHAN PEARL BAUER's name shall change to MEGHAN PEARL BEUKERT. <\/p>\n <\/p>\n g) LUCAS PAUL BAUER shall pay costs to MEGHAN PEARL BAUER under Supreme Court Family Rule 16-1(7). <\/p>\n <\/p>\n 12. This document will be signed by Gail B. Amherst. <\/p>\n 13. Be sure to include the \u201cMEGHAN PEARL BAUER\u201d where it says \u201clawyer for ______________\u201d. It is also acceptable to say \u201cClaimant\u201d here. <\/p>\n 14. Click in the box beside This form is complete and ready for submission. <\/b><\/i> <\/p>\n 15. Click on Save Form. <\/b> <\/p>\n You prepare the Claimant\u2019s Form F17\u2014Requisition <\/b><\/p>\n <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n Check your work with the file named PE7F17Key.pdf <\/b><\/i><\/p>\n <\/b><\/p>\n 1. Open the F17 and save it with the name PE7F17YourName<\/b><\/i>. <\/p>\n 2. Fill in the Court No. and choose the Court Registry. <\/p>\n 3. Fill in the names of the Claimant and the Respondent (this must match what was keyed in on the Form 3). <\/p>\n 4. The document is being filed by Meghan Pearl Bauer. <\/p>\n 5. Required is a \u201cSearch for a Response to Notice of Family Claim.\u201d <\/p>\n 6. There are no documents filed in support of the Requisition because none are needed. <\/p>\n Just leave this part of the F17 blank. <\/p>\n 7. This document will be signed by Gail B. Amherst. Leave room for the date. <\/p>\n 8. Save the changes. <\/p>\n <\/p>\n You prepare the Claimant\u2019s Form F36\u2014Certificate of Pleadings <\/b><\/p>\n <\/b><\/i><\/p>\n Check your work with the file named PE7F36Key.pdf <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n 1. Open the F36 and save it with the name PE7F36YourName<\/b><\/i>. <\/p>\n 2. Fill in the Court No. and choose the Court Registry. <\/p>\n 3. Fill in the names of the Claimant and the Respondent (this must match what was keyed in on the Form 3). <\/p>\n 4. The rest of the document would be left blank, for the Registrar to fill in. Leave room for the date. <\/p>\n 5. Save the changes. <\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/i><\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.49 <\/p>\n <\/a> <\/p>\n You prepare the Claimant\u2019s Form F37\u2014Child Support Affidavit <\/b><\/p>\n <\/b><\/i><\/p>\n Check your work with the file named PE7F37Key.pdf <\/b><\/i><\/p>\n <\/p>\n Open the F37 and save it with the name PE7F37YourName<\/b><\/i>. <\/p>\n 1. In the applicable fields enter the names of the Claimant and Respondent (this must match what was keyed in on the Form 3). <\/p>\n 2. Then at the corresponding paragraph number set out below: 2. Choose \u201cClaimant\u201d. <\/p>\n 3. Choose \u201c3\u201d. <\/p>\n 4. Choose \u201cincludes a claim for a child support order\u201d. <\/p>\n 5. Select the box next to (b). <\/p>\n 6. Select the box next to \u201cThe Monthly amount in Schedule 1 of the Guidelines\u2026. <\/p>\n Note: you cannot fill in the amount and the role. <\/p>\n 7. Select the first check box next to \u201cThe proposed order sets out\u2026\u201d. <\/p>\n 8. Select the statement that begins with \u201cThe expenses under section 7 of the guidelines are not included\u201d. <\/p>\n 9. There is medical coverage under the claimant\u2019s medical plan. <\/p>\n 10. Select \u201cThere is no order of any court in force dealing with support of the children\". <\/p>\n 11. Select \u201cThere is no agreement dealing with the support of the children\u201d. <\/p>\n 12. Select \u201cThere is NO amount of arrears\u2026\u201d <\/p>\n 3. Click on Generate Form<\/b>. <\/p>\n \u2022 Fill in the Court No. and choose the Court Registry. <\/p>\n \u2022 Select \u201c2nd Affidavit\u201d and key \u201cMEGHAN PEARL BAUER\u201d. Leave the date open. <\/p>\n \u2022 Fill in the Claimant\u2019s name, the Claimant\u2019s home address, and the Claimant\u2019s occupation. <\/p>\n 1. is filled in <\/p>\n 2. (a) fill in the Claimant\u2019s name and province of residence and the Respondent\u2019s name and province of residence <\/p>\n (b) fill in the details about the children. Calculate the ages as of January 31, 2021. The children are the natural children of both the Claimant and the Respondent. <\/p>\n 3. The Notice of Family Claim includes a claim for a child support order. <\/p>\n 4. The guideline incomes are as shown on the Client Information Sheet. <\/p>\n 5. Calculate the guideline income using the Child Support Guideline tables and fill in the amount payable by the Respondent. <\/p>\n 6. Fill in the amount of child support payable by the Respondent. <\/p>\n 7. Numbers 7 to 10 are filled in automatically. <\/p>\n 11. For the date key: space space\/ space space space\/ space space space space. <\/p>\n You will fill in with the date of the affidavit, on the date the affidavit is sworn\/affirmed. <\/p>\n <\/p>\n Family Law\u2014Chapter 7 <\/p>\n <\/p>\n 7.50 <\/p>\n <\/a>\u2022 Click on the box beside \u201cThis form is complete\u2026\u201d <\/p>\n \u2022 Fill in following information for jurat: City & name of commissioner You prepare the Claimant\u2019s Form F38\u2014Affidavit \u2013 Desk Order Divorce <\/b><\/p>\n <\/b><\/p>\n Check your work with the file named PE7F38Key.pdf <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n Open the F38 and save it with the name PE7F38YourName<\/b><\/i>. <\/p>\n 1. In the applicable fields enter the names of the Claimant and Respondent (this must match what was keyed in on the Form 3). <\/p>\n 2. At paragraph 2, Choose \u201cClaimant\u201d. <\/p>\n 3. At paragraph 3, Choose \u201cYes\u201d. <\/p>\n 4. At paragraph 4, Choose \u201cthe grounds for divorce are separation for more than one year\u201d. <\/p>\n 5. At paragraph 5, choose 3. <\/p>\n 6. At paragraph 6, Choose \u201cName change for adults\u201d then click on Generate Form<\/b>. <\/p>\n 7. Fill in the Court No. and choose the Court Registry. <\/p>\n 8. Choose \u201cAffidavit 3\u201d and choose \u201cMeghan Pearl Bauer\u201d. Leave the date open. <\/p>\n 9. Fill in the information about the Claimant and the Claimant\u2019s home address and<\/b> occupation<\/b>. <\/p>\n 10. At paragraph 5 key the separation date. (See the client information sheet). <\/p>\n 11. At paragraph 7 key information about the children. Calculate their ages as of January 31,<\/b> 2024<\/b>. <\/p>\n 12. At paragraph 7c key the following information (click the \u201cAdd\u201d button twice so you have three boxes - one for each of the following arrangements) <\/p>\n a) The children, Jacob Michael Bauer, Caden Cody Bauer, and Noah Nicholas Bauer shall reside with the Claimant, MEGHAN PEARL BAUER, from Sunday to Thursday and with the Respondent, LUCAS PAUL BAUER, from Thursday to Sunday pursuant to s. 16.1 and 16.2 of the Divorce Act and s. 45 of the Family Law Act, consistent with the best interests of the child pursuant to s.16(6) of the Divorce Act and s.37(1) of the Family Law Act. <\/p>\n <\/p>\n b) The Claimant and the Respondent are the guardians of the child under s. 39(1) of the Family Law Act. <\/p>\n <\/p>\n c) The Claimant and the Respondent will share all of the parental responsibilities under s. 41 of the Family Law Act pursuant to s. 40(2) of the Family Law Act, save and except in the event of a dispute between the parties related to a parenting issue, when the Claimant shall have the final decision-making authority pursuant to s. 16.3 <\/p>\n of the Divorce Act and s. 45(1) of the Family Law Act. <\/p>\n <\/p>\n 13. At paragraph 8, note that the box is checked and you need to add the names from and to; <\/p>\n 14. At paragraph 9 of the form under additional details, key \u201cI am asking that the respondent pay costs.\u201d <\/p>\n\n","rendered":" \n <\/b><\/p>\n Today is September 11, 2023 <\/b><\/p>\n <\/b><\/p>\n This joint divorce will be a one-step divorce. You will prepare all of the required<\/b> documents and take them all to the registry for filing at the same time you are<\/b> there. <\/b><\/p>\n <\/i><\/p>\n Ms. Amherst has learned Mr. Stocker has followed her advice and has met with Mr. Gillies. Mr. <\/i><\/p>\n Stocker is satisfied that he is ready to begin the divorce action. Ms. Amherst asks you to<\/i> prepare the Stocker F1 Notice of Joint Family Claim<\/b> to commence the divorce action. You<\/i> will use information from the Client Information Sheet and the following notes. <\/i><\/p>\n <\/i><\/p>\n Download the updated Client Information Sheet from the data files folder, print it and fasten it on<\/i> the right side of the Stocker folder. <\/i><\/p>\n \n You prepare the Stocker F1\u2014Notice of Joint Family Claim<\/b> 1. Download the Form F1\u2014Notice of Joint Family Claim from the folder named Data Files. <\/p>\n Save the F1 as: GA6F1YourLastName<\/b><\/i> <\/p>\n \n 2. Add a footer to the bottom left margin of the document: GA6F1YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b> 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 until you are certain there is a 2\u201d blank square in the top left corner. <\/p>\n \n 4. Add page numbers to the second and continuing pages of the document. Do not number the backing sheet. <\/p>\n \n 5. Fill out the information required in the F1\u2014Notice of Joint Family Claim. <\/b><\/p>\n <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n The documents for this case will be filed in the Vancouver Registry. <\/b><\/i><\/p>\n Leave the Court File No. open to be filled in by the court clerk when the F1 is filed. <\/b><\/p>\n \n \n Part 1\u2014Relationship History <\/b><\/i><\/p>\n Refer to the Client Information Sheet. Ms. Stocker is Claimant 1. <\/p>\n \n \n \n Family Law\u2014Chapter 6 <\/p>\n \n 6.53 <\/p>\n <\/a> <\/p>\n Part 2\u2014Divorce <\/b><\/i><\/p>\n \n Key an X next to \u201cClaimant 1 and Claimant 2 are asking for a divorce order\u201d and fill in the relationship history and personal information using the client information sheet. The grounds for divorce are living separate and apart for one year, and the claimants have not lived together since the date of their separation. There is no possibility of reconciliation and there has been no collusion. A marriage certificate will be filed with the Notice of Joint Family Claim. <\/p>\n \n \n Part 3\u2014Children <\/b><\/i><\/p>\n \n Key an X beside \u201cThere are children of the marriage\u201d. <\/b><\/i> To fill in information about the children, refer to the Client Information Sheet. Be sure to enter the dates in the correct format (Example: 01\/Nov\/2023). <\/b><\/p>\n \n <\/b><\/i><\/p>\n Part 4\u2014Orders for Children <\/b><\/i><\/p>\n \n The Stockers are asking for an Order for parenting arrangements. Key an X beside A and use the following wording for the terms of the proposed order: Claimant 1, KAREN LOUISE STOCKER, will exercise all of the s. 41 parental responsibilities pursuant to s.40(2) of the Family Law Act<\/i> and will have final decision-making authority pursuant to s.16.3 of the Divorce Act<\/i> and s. 45(1) of the Family Law Act. <\/i> Claimant 2 will have parenting time with the children, Emily Jane Stocker and John Eric Stocker every weekend beginning at 10 a.m. <\/p>\n Saturday morning and ending at 10 a.m. Sunday morning; the last two weeks each July and August; and alternating Christmas Eves and Christmas Days. <\/p>\n Claimant 2, ERIC JOHN STOCKER, shall have the first Christmas Day beginning in the year 2023. <\/p>\n \n The Stockers are asking for an Order for child support. Key an X beside B and use the following wording for the proposed order: <\/p>\n \n ERIC JOHN STOCKER will pay monthly support to KAREN LOUISE STOCKER <\/p>\n in the amount of $______________, according to the Child Support Guidelines, $_____________ on the 1st and 15th days of each month <\/p>\n \n ***You must calculate the child support amount required using the tables <\/b><\/i><\/p>\n for the Child Support Guidelines and fill in the blanks.*** <\/b><\/i><\/p>\n \n \n Put an X beside C and put X\u2019s in the boxes beside both the Divorce Act<\/i> and the Family<\/i> Law Act<\/i>. <\/p>\n \n \n Part 5\u2014Orders for Spousal Support (No claim is being made.) <\/b><\/i><\/p>\n \n Part 6\u2014Property (No claim is being made.) <\/b><\/i><\/p>\n \n Part 7\u2014Other (No claim is being made) <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n \n Part 8\u2014Addresses for Service <\/b><\/i><\/p>\n \n Claimant 1\u2019s address for service is the address of AMHERST BROWN & COMPANY. <\/p>\n \n Claimant 2\u2019s address for service is the address of GILLIES, GILLIES & COMPANY. <\/p>\n \n \n Both lawyers want to include their fax numbers but NOT their email addresses for their Address for Service. <\/p>\n \n Family Law\u2014Chapter 6 <\/p>\n \n 6.54 <\/p>\n <\/a> <\/p>\n Signing<\/b><\/i> <\/p>\n The Notice of Joint Family Claim will be signed by Ms. Amherst for Ms. Stocker and sent to Mr. Gillies\u2019 office for review and signing by Mr. Gillies for Mr. Stocker. Since it is unclear which date the lawyers will sign, leave room for the date to be filled in when it is signed. <\/p>\n \n You must include two Lawyer\u2019s Certificates (FLA), two Legal Adviser\u2019s Certificates (DA) and two Party\u2019s Certificates (DA). Include all necessary certificates after the signatures. <\/p>\n You should have six <\/b>certificates total. <\/p>\n <\/b><\/p>\n Prepare a backing sheet<\/b> that is appropriate for a court document. The first line should be the Style of Proceeding, not a date. See the example on the following page. <\/p>\n \n Printing <\/b><\/i><\/p>\n Print one copy<\/b> of the Stocker F1 one-sided. Fasten the backing sheet facing out. The top of the backing sheet should be at the left side. Placed loosely in the client folder to be included with the desk order package. Print one copy<\/b> of the FIRST PAGE only. <\/p>\n Fasten the first page in the client folder on the left side. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n \n \n Family Law\u2014Chapter 6 <\/p>\n \n 6.55 <\/p>\n <\/a> <\/p>\n \n Court No. <\/p>\n \n \n Backing Sheet Sample: <\/b><\/p>\n COURT REGISTRY: NEW WESTMINSTER <\/p>\n Court Documents <\/b><\/p>\n \n <\/b><\/p>\n IN THE SUPREME COURT OF BRITISH COLUMBIA <\/p>\n (for all documents that begin <\/p>\n \n with a Style of Proceeding) <\/p>\n \n \n CLAIMANT 1: <\/p>\n MARY MARTIN <\/p>\n \n CLAIMANT 2: <\/p>\n GEORGE JAMES MARTIN <\/p>\n \n SETTINGS <\/b><\/p>\n \n <\/b><\/p>\n \n Margins <\/b><\/p>\n <\/b><\/p>\n One-row table with side <\/p>\n NOTICE OF JOINT FAMILY CLAIM<\/b> <\/p>\n Sides: 3.25\u201d (8.25cm) <\/p>\n borders removed <\/p>\n \n \n \n Vertical Alignment <\/b><\/p>\n \n Center <\/p>\n \n \n Frederick R. Lawson <\/p>\n \n \n LAWSON, ASHLEY & WRIGHT <\/p>\n Header\/Footer:<\/b> 0.5\u201d <\/p>\n Barristers and Solicitors <\/p>\n (1.27 cm) <\/p>\n 700 West Georgia Street <\/p>\n \n Vancouver, BC V7Y 1B8 <\/p>\n Tabs <\/b><\/p>\n Telephone: 604-688-3039 <\/p>\n Center: 2.5\u201d (6.35cm) <\/p>\n Fax: 604-388-3000 <\/p>\n \n \n FRL:yoi <\/p>\n Our File No. FRL\/398\/19 <\/p>\n \n Family Law\u2014Chapter 6 <\/p>\n \n 6.56 <\/p>\n <\/a> <\/p>\n GA6 GRADED ASSIGNMENT \u2014 STOCKER JOINT DIVORCE \u2014 Disclosure\/Hearing <\/b><\/p>\n <\/b><\/p>\n Today\u2019s date is September 15, 2023 <\/b><\/p>\n \n Ms. Amherst asks you to prepare the Requisition and the supporting documents for the Stocker<\/i> divorce today. Ms. Amherst is in court on another matter tomorrow and will take these<\/i> documents to the registry for filing. <\/i><\/p>\n \n You will prepare <\/p>\n \u2022 an F9 Agreement as to Annual Income<\/b> <\/p>\n \u2022 an F35 Requisition<\/b> <\/p>\n \u2022 an F52 Final Order<\/b> <\/p>\n \u2022 an F36 Certificate of Pleadings<\/b> <\/p>\n \u2022 an F37 Child Support Affidavit<\/b> <\/p>\n \u2022 an F38 Affidavit\u2014Desk Order Divorce<\/b> <\/p>\n \u2022 a cheque for court fees <\/p>\n <\/b><\/p>\n You prepare the Stocker Form F9\u2014Agreement as to Annual Income. <\/b> <\/p>\n <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n Because there is an order for support in the Stocker application for divorce, it is necessary to provide the payor\u2019s financial information. <\/p>\n The Agreement as to Annual Income is a document that provides that information for the<\/b> Master to consider in making his\/her judgment. <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n <\/b><\/p>\n 1. Download the Form F9\u2014Agreement as to Annual Income from the folder named Data Files. Save the F9 as: GA6F9YourLastName<\/b><\/i> <\/p>\n \n 2. Add a footer to the bottom left margin of the document: GA6F9YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b> of the F36 for the Supreme Court stamp. <\/p>\n \n 4. Fill in the Court Registry and leave room for the Court File No. <\/p>\n \n 5. Complete this Agreement using the income of Claimant 2 from the Client Information Sheet. <\/p>\n \n 6. The payor and the recipient must sign this document. Leave room for the date to be written in at the time of signing. <\/p>\n <\/b><\/i><\/p>\n 7. No backing sheet is required for the Form F9\u2014Agreement as to Annual Income. <\/p>\n \n 8. The F9 is printed one-sided. Make two copies. Fasten one copy on the left side of the<\/b> client folder. Do not hole punch the second copy; place it loosely in the client<\/b> folder. <\/b><\/p>\n <\/b><\/p>\n 9. The F9 Agreement as to Annual Income will be paper clipped behind the <\/b><\/i><\/p>\n assembled F37. <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n Family Law\u2014Chapter 6 <\/p>\n \n 6.57 <\/p>\n <\/a> <\/p>\n You prepare the Stocker F35\u2014Requisition <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n The F35 tells the court what you are asking for and what documents you are filing to<\/b> support your request. <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n \n 1. Download the Form<\/b> F35\u2014Requisition<\/b> from the folder named Data Files. Save the F35 <\/b><\/i><\/p>\n as: GA6F35YourLastName<\/b><\/i> <\/p>\n \n 2. Add a footer to the bottom left margin of the document: GA6F35YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b> 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. <\/p>\n \n 4. Add page numbers to the second page of the document. <\/p>\n \n a. Click into the header on the second page of the document. <\/p>\n b. On the Header and Footer<\/i> tools, at Position<\/i>, change Header from top to 1<\/b>\u201d. <\/p>\n Leave the footer at .49\u201d. <\/p>\n c. At Options<\/i>, place a checkmark next to Different First Page<\/b>. <\/p>\n 5. Fill out the information required in the F35\u2014Requisition. <\/b><\/p>\n <\/b><\/p>\n a. Copy and paste the Style of Proceeding<\/b> from the Form 1. <\/p>\n b. The F35 is filed by Claimant 1 and Claimant 2. <\/p>\n c. The draft of the order sought, (F52) is filed with the Requisition. <\/p>\n d. Proof that this is an undefended divorce is contained in each of the filed documents. Check off this box. <\/p>\n e. Certificate of the registrar in Form F36 is filed with the Requisition. <\/p>\n f. The filing fee in the form of a cheque is attached to the package. <\/p>\n g. Proof of service (F15) does not have to be filed because the F1 is filed jointly. <\/p>\n h. Child Support Affidavit in Form F37 must be filed because there are children. <\/p>\n i. Affidavit in Form F38 is filed with the Requisition. <\/p>\n 6. Be sure that at least 2 lines of the last paragraph are on the page with the <\/b><\/i><\/p>\n signature lines. <\/b><\/i><\/p>\n 7. Ms. Amherst will sign for Ms. Stocker and Mr. Gillies will sign for Mr. Stocker. Place an X <\/p>\n in the appropriate boxes in the jurat and key the appropriate names. Leave date open. <\/p>\n 8. No backing sheet is required. <\/p>\n Print one one-sided copy of the Stocker F35 Requisition. Do not hole punch holes in this copy. Place it loosely in the client folder. Print the first page only of the Stocker F35 <\/p>\n Requisition. Fasten one on the left side of the client folder. (Normally you would file the Family Law\u2014Chapter 6 <\/p>\n \n 6.58 <\/p>\n <\/a> <\/p>\n complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n \n <\/b><\/p>\n You prepare the Stocker Form F52\u2014Draft of Final Order. <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n The Final Order sets out what the court orders. You fill in the details and the judge signs<\/b> it. The draft final order becomes the Stocker divorce order, once the judge has signed. <\/b><\/p>\n **************************************************************************************************************** <\/b><\/p>\n 1. Download the Form F52\u2014Final Order from the folder named Data Files. Save the F52 <\/b><\/i><\/p>\n as: GA6F52YourLastName<\/b><\/i> <\/p>\n \n 2. Add a footer to the bottom left margin of the document: GA6F52YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b>. <\/p>\n \n 4. Add page numbers in a header 1\u201d from the top page of the page to all pages but the first. <\/p>\n \n 5. Fill in the required information on the Stocker F52: <\/p>\n \n a. Insert the Style of Proceeding<\/b> if it is not in the precedent. <\/p>\n b. A Master of the Court<\/b> will read the documents. <\/p>\n c. Choose the paragraph that says the case is coming on as an undefended family law case and delete the other paragraphs. <\/p>\n d. Under THIS COURT ORDERS that: <\/p>\n 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. <\/p>\n \n e. Under the second THIS COURT ORDERS that: there will be two paragraphs numbered 1 and 2 formatted as shown in the precedent on page 6.22. <\/p>\n 1. Paragraph 1 will describe the parenting arrangements as stated in the Notice of Joint Family Claim, Section 4A. (See the Stocker F1 for wording.) 2. Paragraph 2 will describe the agreed upon child support payments as stated in the Notice of Joint Family Claim, Section 4B. (See the Stocker F1 for wording.) <\/p>\n \n f. Be sure there are at least two lines of the last paragraph on the page with the signature lines. <\/p>\n g. Ms. Amherst will sign for Ms. Stocker and Mr. Gillies will sign for Mr. Stocker. Fill in the names of the lawyers and parties in the appropriate places in the jurat. <\/p>\n h. No backing sheet is required for the F52 Final Order. <\/p>\n i. Print one copy of the Stocker Form F52 one-sided. Do not punch holes in the<\/b> other copy of the F52<\/b> and place it loosely in the Stocker Client Folder. <\/b> Print the first page of the Stocker Form F52. Fasten this page on the left side of the folder. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n Family Law\u2014Chapter 6 <\/p>\n \n 6.59 <\/p>\n <\/a> <\/p>\n You prepare the Stocker Form F36\u2014Certificate of Pleadings. <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n The Certificate of Pleadings is signed by the registry staff to show the judge they have<\/b> checked everything over, and they are satisfied everything is procedurally correct. <\/b><\/p>\n \n ************************************************************************************************************* <\/p>\n \n 1. Download the Form F36\u2014Certificate of Pleadings from the folder named Data Files. <\/p>\n Save the F36 as: GA6F36YourLastName<\/b><\/i> <\/p>\n \n 2. Add a footer to the bottom left margin of the document: GA6F36YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b> 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. <\/p>\n <\/b><\/i><\/p>\n 4. The Certificate is signed and dated by the registrar. Leave room for the date. <\/p>\n \n 5. Remove the instructions in brackets. <\/p>\n \n 6. There is no backing sheet required the Form F36. <\/p>\n \n 7. Print two copies of the Stocker Form F36<\/b> one-sided and place and fasten one copy on the left side of the folder. Do not punch holes in the other copy of the F36. <\/b>Place the other copy loosely in the Stocker Client Folder. <\/p>\n \n <\/b><\/p>\n You prepare the Stocker Form F37\u2014Child Support Affidavit. <\/b><\/p>\n <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n Since the Stocker divorce will not require an appearance before a judge, special<\/b> affidavits must be sworn as evidence. <\/b> One of the duties of the court is to ensure that the needs of children are looked after before a divorce is granted. The Child Support Affidavit<\/b> (Form F37)<\/b> gives the judge sworn evidence about the children and child support. <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n <\/b><\/p>\n 1. Download the Form F37\u2014Child Support Affidavit from the folder named Data Files. <\/p>\n Save the F37 as: GA6F37YourLastName<\/b><\/i> <\/p>\n \n 2. Add a footer to the bottom left margin of the document: GA6F37YourName 3. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b> of the F37 for the Supreme Court stamp. <\/p>\n \n 4. Add page numbers in a header 1\u201d from the top margin to the second and continuing pages of the document. <\/p>\n \n \n Family Law\u2014Chapter 6 <\/p>\n \n 6.60 <\/p>\n <\/a> <\/p>\n 5. In the upper right hand corner insert the required information about the deponent in four lines beginning with \u201cThis is the 1st Affidavit of \u2026.and the X Affidavit of \u2026\u201d. The affidavits could be sworn separately by Karen and Eric. Because they want to emphasize their cooperation about the children, they will swear a joint affidavit. A joint affidavit creates complications. The heading in the upper right hand corner needs to have the names of both Karen and Eric. If one of them had already sworn an affidavit in the proceeding then the number of the affidavit would be different, as between them. <\/p>\n \n 6. Insert the Style of Proceeding if it is not included on the form. <\/p>\n \n 7. Complete the paragraph identifying the parties in this case. <\/p>\n \n 8. Fill in the information required on the F37\u2014Child Support Affidavit. <\/b> <\/p>\n \n 1. For a joint application, use: \u201cWe are Claimant 1 and Claimant 2.\u201d <\/p>\n 2. Fill in the identifying information from other completed documents. <\/p>\n (a) <\/p>\n Use the date September 18, 2023 to calculate the ages of the children. <\/p>\n Express an age under 1 year in months. <\/p>\n 3. The Notice of Joint Family Claim includes the order for child support. <\/p>\n 4. Choose paragraphs 4a, 4b, and 4c. Provide any necessary information. <\/p>\n 5. Choose the second paragraph numbered 5 making sure you attach the fact sheet. <\/p>\n 6. Select the first paragraph numbered 6 and fill it in as appropriate. We do not use the fourth paragraph here because the amount of income of the paying spouse has changed, so the agreement no longer reflects the amount payable. <\/p>\n 7. There are no section 7 expenses claimed. <\/p>\n 8. Select the paragraph that says there is medical coverage under Claimant 2\u2019s plan. <\/p>\n 9. Use the first optional paragraph number 9. <\/p>\n 10. The separation agreement you did at chapter 3 is the existing agreement that deals with support of the children. As such it needs to be attached as an exhibit. Here you will choose the second paragraph and attach the agreement as an exhibit. Stamp the first or last page of your separation agreement, fill out the exhibit stamp (remember this must be signed by whatever number of counsel are taking this affidavit). If you are using rubber stamped exhibit stamps, you may stamp it twice. If you are using electronic stamps you should list them together as you did in the top right at the beginning of the affidavit. Be sure to draft for the counsel in the situation. Will Gail sign \u201cas to both signatures\u201d. In this case, yes she will, but this may not always be the case. Mark it as exhibit A and attach it to this affidavit in the appropriate location (look at page 6.26). <\/p>\n 11. There are no arrears of child support as of September 18, 2023. <\/p>\n Be sure that at least two lines of the last paragraph are on the page with the <\/b><\/i><\/p>\n jurat. <\/b><\/i> Ms. Amherst will witness both signatures. Leave room for the date. <\/p>\n Family Law\u2014Chapter 6 <\/p>\n \n 6.61 <\/p>\n <\/a> <\/p>\n 12. <\/b>Because Mr. Stocker\u2019s income is more than $150,000, <\/b>complete Supplementary Fact Sheet F. Delete all other Fact Sheets. <\/p>\n 13. Prepare a backing sheet for the Stocker F37 Child Support Affidavit. <\/p>\n 14. Print one copy of the Stocker F37 Child Support Affidavit <\/b>and Fact Sheet F<\/b> one-sided, paper clip them together. Do not punch holes in this copy. <\/b> Place it loosely in the Stocker Client Folder. Print the first page of the Stocker F37 Child Support Affidavit. Fasten this page on the left side of the folder. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n ************************************************************************************************************* <\/b><\/p>\n Assembling the Stocker F37 Child Support Affidavit <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n 1. After the F37 Child Support Affidavit<\/b> numbered paragraphs and before the exhibit and backing sheet, insert the Supplementary Fact Sheet F. <\/b> <\/p>\n 2. Next, insert the Stocker Separation Agreement, Exhibit A. <\/b> <\/p>\n 3. After the Stocker Separation Agreement<\/b>, add the backing sheet<\/b> of the F37. <\/p>\n 4. Staple the F37 with the Supplementary Fact Sheet F and the Separation Agreement all together with the backing sheet facing out. <\/p>\n o The top of the backing sheet should be to the left side<\/b>. <\/p>\n 5. Paperclip the F9 Agreement as to Annual Income<\/b> behind the Child Support Affidavit. <\/b> <\/p>\n Numbering the pages of the F37 (for both on-campus and online students)<\/b> 1. First, F37 Affidavit<\/b> up to the signing page – first page no number, second and third if there is a third page, numbered <\/p>\n 2. Next, Supplementary<\/b> Fact Sheet F<\/b> – no page number 3. Next, the Separation Agreement<\/b> with an Exhibit A “stamp” on the first or last page, filled out – number the agreement starting at page 1 until the end of the agreement by hand ignoring that there are page numbers on them already. Those are not good enough. <\/p>\n 4. Next, the backing sheet<\/b> for the F37 Child Support Affidavit – no page number 5. Last, the F9 Agreement as to Annual Income<\/b> – no page number, no backing sheet. <\/p>\n \n ONLINE STUDENTS <\/b><\/p>\n <\/b><\/p>\n \u2022 Insert a Section Break New Page<\/i> after the jurat (signatures) of the F37 and insert Supplementary Fact Sheet F<\/i>. <\/p>\n \u2022 After the Supplementary Fact Sheet F, insert a Section Break New Page<\/i>, then insert the Separation Agreement as Exhibit A. <\/p>\n o Add an exhibit stamp to the front page of the Agreement. The stamp can be found in the Data Files folder. <\/p>\n \u2022 Add a backing sheet for the F37 Child Support Affidavit. <\/p>\n \u2022 Insert a Section Break New page<\/i> and insert the F9 Agreement as to Annual Income. <\/p>\n <\/b><\/p>\n Family Law\u2014Chapter 6 <\/p>\n \n 6.62 <\/p>\n <\/a> <\/p>\n You prepare TWO Stocker Form F38s Affidavit \u2013 Desk Order Divorce. <\/b><\/p>\n <\/b><\/p>\n *************************************************************************************************************<\/b><\/p>\n The F38 sets out all the facts of your marriage and separation, and gives information<\/b> about the children, if any, and swears that these facts are true<\/b>. <\/b><\/p>\n Each claimant in a joint divorce must swear an F38. <\/b><\/p>\n ************************************************************************************************************* <\/b><\/p>\n \n 1. Download the Form F38\u2014Affidavit from the folder named Data Files. Save the F38 as: <\/b><\/i><\/p>\n GA6F38YourLastName<\/b><\/i> <\/p>\n \n 2. Add a footer to the bottom left margin of the document: GA6F38YourName 3. In the upper right corner key the information about the deponent beginning with the line, <\/p>\n \u201cThis is the __ affidavit\u201d. See the precedent. <\/p>\n \n 4. Insert the Style of Proceeding if it is not in the template. <\/p>\n \n 5. Be sure there is a blank 2\u201d square in the upper left corner of the first page<\/b>. <\/p>\n \n 6. Add page numbers in a header 1\u201d from the top page of all pages except the first and the backing sheet. <\/p>\n \n 7. Fill in the required information about the deponent, then using the information from the F1, complete the F38 by choosing the correct paragraphs in each section and deleting the others. <\/p>\n \n 8. Be sure to include at least 2 lines of the last paragraph on the same page as the <\/b><\/i><\/p>\n jurat. <\/b><\/i> Karen Stocker will sign the F38 and Ms. Amherst will witness her signature. <\/p>\n \n 9. Prepare a backing sheet for the Affidavit\u2014Desk Order Divorce. <\/p>\n 10. Print one copy of the Stocker F38 Affidavit (Karen) <\/b>one-sided. Do not punch holes in<\/b> this copy. <\/b> Place it loosely in the Stocker Client Folder. Print the first page of the Stocker F38 Affidavit. Fasten this page on the left side of the folder. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n 11. Prepare a second F38 in the name of ERIC JOHN STOCKER. Eric has agreed to<\/b> meet the agent at the court registry to sign the affidavit at the time the documents<\/b> are filed. Leave the name of the commissioner open. The registrar will fill that in. <\/b><\/p>\n <\/b><\/p>\n 12. Print one copy of the Stocker F38 Affidavit (Eric) <\/b>one-sided. Do not punch holes in<\/b> this copy. <\/b> Place it loosely in the Stocker Client Folder. Print the first page of the Stocker F38 Affidavit. Fasten this page on the left side of the folder. (Normally you would file the complete F1 in the client folder, however, to save paper for this assignment you only need to file the first page). <\/p>\n You prepare a Cheque for commencing the action (F1), for filing the Registration of <\/b><\/i><\/p>\n Divorce Proceedings, for filing the Application for divorce (F35 and supporting <\/b><\/i><\/p>\n Family Law\u2014Chapter 6 <\/p>\n \n 6.63 <\/p>\n <\/a> <\/p>\n documents) and for the registrar witnessing the signing of the F38. <\/b><\/i><\/p>\n <\/b><\/p>\n Download the cheque template from the Data Files Folder. <\/p>\n Save as: GA6ChequeYourLastName <\/i><\/p>\n \n Prepare a cheque for Ms. Amherst\u2019s signature. <\/p>\n \u2022 made out to the Minister of Finance <\/p>\n \u2022 dated September 15, 2023 <\/p>\n \u2022 cheque number 3195 <\/p>\n \u2022 Fill out the amount of the cheque. The cheque will pay for commencing the action (filing the F1), filing the Registration of Divorce Proceedings, filing the Application for Divorce (F35 and supporting documents), and the registrar witnessing the signing of the second F38. <\/p>\n \u2022 after Memo<\/b> key the following: <\/p>\n o GBA-357-23 Filing the Stocker F35 Requisition <\/b>and Notice of Joint Family<\/b> Claim. <\/b><\/p>\n \n To calculate the amount of the cheque: <\/p>\n \n o google the keywords: BC Supreme Court Family Rules Appendix C<\/b><\/i> <\/p>\n o scroll down in Schedule 1<\/b> to find the fees for: (1) commencing an action, and (2) filing an application for a family law case in the Supreme Court, and (3) taking or swearing an affidavit for use in court. <\/p>\n o The fee for filing the Registration of Divorce is $10. <\/p>\n o Note: there is no tax on filing fees. <\/p>\n \n Print the cheque and place it loosely in the Stocker client folder. <\/p>\n <\/b><\/p>\n This cheque will be taken to the court registry along with the Stocker F35 Requisition. <\/p>\n \n \n \n ************************************************************************************************************* <\/p>\n Stocker Divorce\u2014Supreme Court Registry Filing Steps <\/b><\/p>\n \n <\/b><\/p>\n For a joint application for divorce, you will go to the court registry once to file documents<\/i>. <\/p>\n 1. You will take the original and two photocopies of the F1\u2014Notice of Joint Family Claim<\/b> and the original and two copies of the filing package<\/b> to take to the court registry. The court clerk will stamp the case number and the court seal on the original and two copies of the F1, keep the originals and return the photocopies to you. <\/p>\n 2. The court clerk will give you a *Registration of Divorce<\/b> to be filed with the F1. <\/p>\n 3. The court clerk will then file the Requisition and the supporting documents, and you will ask the court clerk when to return for the divorce order. <\/p>\n *A Registration of Divorce<\/b> is a form the court uses to search for other applications for divorce by the same couple in other provinces\u2014it adds this action to a federal database. A precedent can be found at the Supreme Court Family Forms web site. <\/p>\n \n *********************************************************************************************************** <\/b><\/p>\n Submission Instructions <\/b><\/p>\n \n Family Law\u2014Chapter 6 <\/p>\n \n 6.64 <\/p>\n <\/a> <\/p>\n 1. Your instructor will give you instructions for submitting the electronic files. <\/b> <\/p>\n 2. Prepare a filing package to take to the court registry paper clipped<\/b> together in the following order: <\/p>\n a. Cheque goes on top <\/p>\n b. Next the F1 needs to be filed to open the court file <\/p>\n c. Requisition (Form F35) <\/p>\n d. Draft Final Order (Form F52) <\/p>\n e. Certificate of Pleadings (Form F36) <\/p>\n f. Child Support Affidavit (Form F37), including Supplementary Fact Sheet F, and a Separation Agreement and a backing sheet\u2014with (Form F9) paper clipped behind the backing sheet. <\/p>\n g. Both affidavits \u2014 Desk Order Divorce (Form F38) <\/p>\n 3. Place the package loosely in the client folder. Use a large paper clip or elastic band to hold it in order. <\/p>\n 4. Submit the client folder for grading. <\/p>\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n Family Law\u2014Chapter 6 <\/p>\n \n 6.65 <\/p>\n <\/a> <\/p>\n CLIENT INFORMATION SHEET <\/b><\/p>\n <\/b><\/p>\n FILE NO. <\/b>GBA-357-23 <\/b><\/p>\n RE<\/b> Divorce <\/p>\n <\/b><\/p>\n DATE <\/b>September 11, 2023 <\/p>\n \n CLIENT IDENTIFICATION <\/b><\/p>\n NAME OF CLIENT<\/b> <\/p>\n KAREN LOUISE STOCKER <\/b>(she\/her\/hers) <\/b><\/p>\n <\/b><\/p>\n TELEPHONE<\/b> <\/p>\n (Home)<\/b> 604-988-1234 <\/p>\n (Cell) <\/b>604-525-6780 <\/p>\n ADDRESS <\/b><\/p>\n 3240 Meadowbrook Drive <\/p>\n E-MAIL<\/b> stocker_jl@shaw.ca <\/p>\n \n North Vancouver, BC V3R 4B2 <\/p>\n <\/b><\/p>\n At this residence since April 1, 2011 <\/p>\n BIRTH DATE<\/b> <\/p>\n December 21, 1984 <\/p>\n BIRTHPLACE <\/b> Moose Jaw, SK <\/p>\n BC RESIDENT SINCE<\/b> <\/p>\n May 12, 2009 <\/p>\n SIN <\/b>724-677-890 <\/p>\n OCCUPATION<\/b> <\/p>\n Dietician <\/p>\n GUIDELINE<\/b> INCOME<\/b> $59,500 <\/p>\n EMPLOYER<\/b> <\/p>\n Lions Gate Hospital <\/p>\n \n TELEPHONE<\/b> 604-984-5813 <\/p>\n \n 231 East 15 Street <\/p>\n \n North Vancouver, BC V7L 2L7 <\/p>\n \n \n PARTICULARS OF MARRIAGE\/RELATIONSHIP <\/b><\/p>\n DATE OF MARRIAGE<\/b> <\/p>\n April 1, 2014 <\/p>\n PLACE<\/b> Regina, SK <\/p>\n DATE OF SEPARATION<\/b> <\/p>\n April 13, 2022 <\/p>\n SEPARATION AGREEMENT <\/b><\/p>\n May 17, 2022 <\/b> <\/p>\n <\/b><\/p>\n PARTICULARS OF THE PAST, CARE OF CHILDREN <\/b><\/p>\n Both parties have loving, committed relationships with their children and are committed to co-operative co-parenting. The children attend Meadowbrook School which is two blocks from the family home and three blocks from Eric\u2019s present residence. Karen now works Mondays to Fridays from 6 a.m. to 12 p.m. <\/p>\n and Eric works Mondays to Fridays from 8:30 a.m. to 4 p.m. The family has a long-time sitter who comes in Mondays to Fridays from 5:30 a.m. to 12:30 p.m. to care for the children while Karen is at work. The children eat their lunch at the school. Karen walks to school to bring the children home. Since the separation, the children have resided primarily with Karen. They visit Eric at his residence several times a week and usually for one day on the weekend. It is the intention that Karen shall sole decision-making responsibility and the majority of parenting time with generous parenting time to Eric who lives close to the Ms. Stocker\u2019s home. <\/p>\n \n <\/b><\/p>\n CLIENT <\/b><\/p>\n SPOUSE <\/b><\/p>\n STATUS BEFORE <\/p>\n SINGLE <\/p>\n DIVORCED, <\/p>\n MARRAGE <\/p>\n NO CHILDREN <\/p>\n NAME BEFORE <\/p>\n KAREN LOUISE <\/p>\n ERIC JOHN STOCKER <\/p>\n MARRIAGE <\/p>\n MALCONTENT <\/p>\n SURNAME AT BIRTH <\/p>\n MALCONTENT <\/p>\n STOCKER <\/p>\n Family Law\u2014Chapter 6 <\/p>\n \n 6.66 <\/p>\n <\/a> <\/p>\n \n SPOUSE IDENTIFICATION <\/b><\/p>\n <\/b><\/p>\n NAME OF SPOUSE <\/b><\/p>\n ERIC JOHN STOCKER <\/b>(he\/him\/his) <\/p>\n TELEPHONE <\/b><\/p>\n (Cell) <\/b>778-294-5678 <\/b><\/p>\n ADDRESS <\/b><\/p>\n 4230 Meadowbrook Drive <\/b><\/p>\n E-MAIL:<\/b> stocker_ericj@shaw.ca <\/a><\/p>\n \n North Vancouver, BC V3R 4B9 <\/p>\n \n At this residence since May 1, 2019 <\/p>\n BIRTH DATE <\/b><\/p>\n June 25, 1980 <\/p>\n BIRTHPLACE <\/b>North Vancouver, BC <\/p>\n BC RESIDENT SINCE<\/b> <\/p>\n Birth <\/p>\n SIN <\/b>726-455-3974 <\/p>\n OCCUPATION<\/b> <\/p>\n Civil Engineer <\/p>\n GUIDELINE<\/b> INCOME<\/b> $172,000 <\/p>\n EMPLOYER:<\/b> <\/p>\n City of North Vancouver <\/p>\n TELEPHONE<\/b> 604-983-7333 <\/p>\n \n 141 West 14th Street <\/p>\n \n North Vancouver, BC V7M 1H9 <\/p>\n \n \n CHILDREN <\/b><\/p>\n <\/b><\/p>\n NAME <\/b><\/p>\n SEX <\/b><\/p>\n BIRTH DATE <\/b><\/p>\n PLACE OF BIRTH <\/b><\/p>\n <\/b><\/p>\n Emily Jane Stocker <\/p>\n Female <\/p>\n December 19, 2014 <\/p>\n North Vancouver, BC <\/p>\n John Eric Stocker <\/p>\n Male <\/p>\n October 5, 2015 <\/p>\n North Vancouver, BC <\/p>\n <\/b><\/p>\n MATRIMONIAL PROPERTY <\/b><\/p>\n REAL PROPERTY:<\/b> Karen Stocker took possession of the family home on August 31, 2022. <\/p>\n PERSONAL PROPERTY: <\/b>Already divided. <\/p>\n Family Law\u2014Chapter 6 <\/p>\n \n 6.67 <\/p>\n <\/a> CHAPTER 7 <\/b><\/p>\n DIVORCE PROCEEDINGS\u2014Undefended Divorce <\/b><\/p>\n \n INTRODUCTION<\/b> <\/p>\n \n A joint divorce is one where both spouses mutually seek the divorce. However, it often happens that while both spouses recognize the relationship is over, only one spouse initiates the divorce proceeding, and the other spouse opts not to exercise their rights to contest the proceeding, instead allowing the divorce and corollary relief claims to go through unopposed. <\/p>\n \n Although a divorce proceeding started by one claimant is defendable, it is up to the other spouse to decide whether or not to oppose the divorce. The lawyer representing the claimant spouse will start the claim as if it will be defended. <\/p>\n \n If the other spouse chooses not to defend, the end result is a final divorce order based on the documents drafted and submitted by the claimant. An unopposed divorce is called an undefended divorce<\/b>. This chapter will introduce the documents filed in an undefended divorce and will examine the requirements for financial disclosure in greater detail. <\/p>\n \n \n FILLABLE COURT FORMS <\/b><\/p>\n \n Besides the traditional paper version of the court forms, fillable forms are available for use. The fillable forms come in two different formats: PDF and XML. <\/p>\n \n PDF Forms<\/b> <\/p>\n \n PDF forms can be opened in Adobe Reader and contain fields for the information. Wording can be keyed in or copied from existing precedents into the correct fields. PDF forms can be saved and reopened similarly to Word documents. You can either find and open the file directly OR use Adobe Reader and open the file in Adobe. <\/p>\n \n At the top of each PDF form you will see a button that allows you to prepare a paper copy. This is used so that the fields will be expanded when printed so that the form can be filled out by hand. <\/p>\n You must key in all fields for this course. As such, you can disregard this button: <\/p>\n \n <\/b><\/p>\n XML Forms <\/b><\/p>\n \n XML forms can be opened in Adobe Reader and appear very similar to PDF forms. However, they are encoded with XML language which allows the information in the form to be automatically extracted if the form is filed electronically. XML forms are marked with an asterisk on the list of forms provided by the Supreme Court Family Registry. <\/p>\n \n The Supreme Court templates in XML format are: <\/b><\/i><\/p>\n <\/b><\/i><\/p>\n F1 Notice of Joint Family Claim <\/p>\n F3 Notice of Family Claim <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.1 <\/p>\n <\/a> F4 Response to Family Claim <\/p>\n F5 Counterclaim <\/p>\n F6 Response to Counterclaim <\/p>\n F31 Notice of Application <\/p>\n F100 Certificate of Mediation <\/p>\n \n When you open an XML form, it will appear with fillable data entry fields throughout the form. <\/p>\n Data entered into these fields will automatically appear throughout the document wherever applicable (e.g. name of the Plaintiff). If you would like to see what the form will look like printed, you can select the \u201cPreview and Sign Document\u201d at the top of the form: All XML forms can be signed electronically by the lawyer using their digital signature. <\/p>\n Note, when you are ready to print the form, you must select the button \u201cClick here to PRINT <\/p>\n form\u201d found at the top and bottom of the page. If you use your software\u2019s print button the document will not print properly. <\/b><\/p>\n <\/b><\/p>\n DEFENDABLE PROCEEDINGS <\/b><\/p>\n The spouse who starts the proceeding is the claimant<\/b>. The other spouse is the respondent. <\/b>The proceeding is started following procedures which allow the respondent to respond to and defend the proceeding. If the respondent wishes, they could also counterclaim against the claimant. If both the claimant and the respondent actively advance their positions, the proceeding will be decided in a trial. However, if the respondent chooses not to respond, or having responded, abandons the case during the proceeding, the final order can be obtained with a desk order in a method similar to the joint divorce desk order. <\/p>\n \n STAGE ONE \u2013 Commencement and Notification <\/b><\/i><\/p>\n STAGE TWO \u2013 Definition <\/b><\/i><\/p>\n \n Commencement and notification are governed by Rules 3-1 and 4-1 of the Family Rules<\/i> which state that family law claims must be started using a Form F3<\/b> Notice of Family Claim<\/b> except in special situations. The Family Rules<\/i> further require the Notice of Family Claim to be personally served on the respondent Rule 4-1(2). <\/p>\n \n Personal service <\/b>is defined under the Family Rules<\/i> as service where the document is left with the party to be served by a person who is at least 19 years old. The person cannot be a party to the proceeding. <\/p>\n \n When the Notice of Family Claim is filed, the marriage certificate should be filed with it. If the certificate is not filed, the reason why must be indicated on the Notice of Family Claim. The marriage certificate must be filed to prove the claimant and respondent are married. The court cannot award any remedies under the Divorce Act<\/b><\/i> unless the parties are married. <\/p>\n \n By filing the Notice of Family Claim, the claimant has notified the court that they are advancing claims against the respondent. By serving the Notice of Family Claim on the respondent, the claimant has notified the respondent about the claims being made. Now it is up to the respondent Family Law\u2014Chapter 7 <\/p>\n \n 7.2 <\/p>\n <\/a>to notify both the court and the claimant if the respondent wishes to defend the claims. The respondent has 30 days to file a Form F4<\/b> Response to Family Claim<\/b>. <\/p>\n \n The 30 days are counted starting with the day after the day service. Rule 6-3(4) gives the rules on determining what day a person is considered served. <\/p>\n \n When personal service is deemed to be completed <\/p>\n (4) <\/p>\n A document served by personal service is deemed to be served as follows: (a) <\/p>\n if the document is served before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be served on the day of service; <\/p>\n (b) <\/p>\n if the document is served on a Saturday or holiday or after 4 p.m. <\/p>\n on any other day, the document is deemed to be served on the next day that is not a Saturday or holiday. <\/p>\n \n [Sunday is a holiday for the purposes of this subrule.] <\/i><\/p>\n \n Service is proved by having the person who served the Notice of Family Claim swear a Form F15 Affidavit of Personal Service<\/b>. An Affidavit of Personal Service does not require the identifying information on the top right corner of the first page. <\/p>\n \n This is the 1st affidavit <\/p>\n Not<\/b> required on Affidavit of <\/p>\n of David Tennant in this case <\/p>\n Personal Service. (Rule 10-4(3)) <\/p>\n and was made on 13 Dec 2020. <\/p>\n \n \n COURT FILE NO. E555555 <\/p>\n \n COURT REGISTRY: NEW WESTMINSTER <\/p>\n \n IN THE SUPREME COURT OF BRITISH COLUMBIA <\/p>\n \n \n Most law firms hire professional process servers to serve documents. Most process servers will draft their own Affidavits of Personal Service; however, there may be certain circumstances where an administrative assistant will key the affidavit; therefore, it is useful to be familiar with them. <\/p>\n Because the process server is unfamiliar with the respondent, a picture of the respondent is provided. The use of a picture for the respondent is unique to family matters. <\/p>\n \n The following pages have examples of the Notice of Family Claim and Affidavit of Personal Service. These two documents will also introduce the use of fillable forms. The Notice of Family Claim is an XML file. The Affidavit of Personal Service is a PDF file. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.3 <\/p>\n <\/a> Select <\/p>\n Registry <\/p>\n Filling in the <\/p>\n using drop <\/p>\n names and <\/p>\n down list <\/p>\n addresses <\/p>\n here will <\/p>\n automatically <\/p>\n input the <\/p>\n name <\/p>\n throughout <\/p>\n the form <\/p>\n where they <\/p>\n are needed. <\/p>\n Select Relationship<\/b> <\/p>\n to indicate <\/p>\n relationship to <\/p>\n other parties <\/p>\n \n Select Address<\/b> for <\/b><\/p>\n Service <\/b>to add in a <\/p>\n service address. <\/p>\n \n Select Add <\/b><\/p>\n AKA\/DBA<\/b> to add in <\/p>\n an alternate name. <\/p>\n \n Legal Rep. <\/b> is not <\/p>\n for the lawyer, but <\/p>\n for personal <\/p>\n These fields will not be visible until you <\/p>\n \n representatives like <\/p>\n select the corresponding buttons. <\/p>\n a Guardian. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.4 <\/p>\n <\/a> Click on these <\/p>\n buttons to <\/p>\n display the <\/p>\n corresponding <\/p>\n data entry <\/p>\n fields <\/p>\n These fields <\/p>\n are <\/p>\n automatically <\/p>\n filled in from <\/p>\n information <\/p>\n provided <\/p>\n above <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.5 <\/p>\n <\/a> Immediately after the style of proceedings, the form contains instructions for the respondent to respond to the Notice of Family Claim and the time limits for filing the Response to Family Claim. <\/p>\n The instructions also provide instructions on how to make a counterclaim. <\/p>\n \n The instructions are provided so that if the respondent fails to respond, it is because they choose not to participate, not because they do not know what to do. <\/p>\n \n After the instructions to the respondent, the Notice of Family Claim continues with information about the parties and their relationship. <\/p>\n \n Select all of the <\/p>\n boxes that <\/p>\n apply. In this <\/p>\n example, the <\/p>\n parties lived <\/p>\n together before <\/p>\n they got <\/p>\n married. The <\/p>\n dates are <\/p>\n entered by <\/p>\n typing the dates <\/p>\n in or selecting <\/p>\n the correct date <\/p>\n on the built in <\/p>\n calendar. <\/p>\n Indicate whether or <\/p>\n not there are any prior <\/p>\n agreements or court <\/p>\n proceedings. <\/p>\n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.6 <\/p>\n <\/a> Select all the claims the claimant is <\/p>\n asking for. Like the Notice of Joint <\/p>\n Family Claim, each claim has a <\/p>\n corresponding schedule which has <\/p>\n to be completed. For every box <\/p>\n you click the appropriate schedule <\/p>\n will be added to the end of the <\/p>\n form. If you don\u2019t do it correctly <\/p>\n here, your form will be missing <\/p>\n pages. <\/p>\n The address for <\/p>\n registry entered <\/p>\n on the front page <\/p>\n is automatically <\/p>\n inserted. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.7 <\/p>\n <\/a> The address for <\/p>\n service entered on <\/p>\n the front page is <\/p>\n automatically <\/p>\n If the Divorce Act <\/p>\n inserted, you can <\/p>\n is being relied <\/p>\n make formatting <\/p>\n upon, select <\/p>\n changes in this <\/p>\n \u201cParty\u2019s <\/p>\n Certificate\u201d, if the <\/p>\n section. <\/p>\n party is <\/p>\n represented by a <\/p>\n lawyer also select <\/p>\n \u201cLegal Adviser\u2019s <\/p>\n Certificate.\u201d <\/p>\n \n \n Following the certificates are five schedules which provide further information to support the claims made. The schedules are not shown as the fields are self-explanatory. <\/p>\n \n Schedule 1<\/b> <\/p>\n Used for a claim for divorce. Contains personal information; grounds for divorce; confirmations regarding reconciliation and collusion; proof of marriage; and information on children of the marriage. <\/p>\n Schedule 2<\/b> <\/p>\n Used for a claim regarding children. Contains information about the children; orders sought; current parenting and child support arrangements; proposed parenting and child support arrangements; and income of the person paying support. <\/p>\n Schedule 3<\/b> <\/p>\n Used for a claim for spousal support. Contains information about current and proposed support arrangements; and the income of each party. <\/p>\n Schedule 4<\/b> <\/p>\n Used for a claim for property. Contains information about the property being claimed and requests a Certificate of Pending Litigation be placed against real property (land). The Certificate of Pending Litigation prevents the property from being sold if it is only registered under one party\u2019s name. <\/p>\n Schedule 5<\/b> Used for additional claims such as name changes. <\/p>\n \n The next pages show what the Notice of Family Claim looks when the button \u201c\u201cPreview and Sign Document\u201d is selected: <\/p>\n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.8 <\/p>\n <\/a> \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.9 <\/p>\n <\/a> \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.10 <\/p>\n <\/a> \n \n \n The lawyer will <\/p>\n apply their <\/p>\n \n signature. <\/p>\n \n \n Key in the <\/p>\n \n Insert the date the lawyer\u2019s <\/p>\n lawyer\u2019s name <\/p>\n digital signature is added. <\/p>\n \n \n \n \n \n \n \n \n \n \n \n Some changes cannot be made in the \u201cPrint Preview and Sign Document\u201d screen. If any errors are found when reviewing the document, the \u201cClose Preview\u201d must be selected and the document must be edited where the data was first entered. The signature blocks, however, can only be completed in the \u201cPrint Preview and Sign Documents Screen\u201d <\/p>\n \n An example of the Affidavit of Personal Service is shown on the next two pages. This affidavit is a regular pdf form. Note, when this document prints out, the spacing will be reduced and the affidavit will, in most circumstances, print out on one page. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.11 <\/p>\n <\/a> \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.12 <\/p>\n <\/a> The method of service will be indicated. In this example, the respondent identified himself by showing identification. If the identification is only by a photograph, an additional affidavit of the person providing the photograph is required. <\/p>\n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.13 <\/p>\n <\/a> Signature of the Deponent <\/i><\/p>\n The deponent<\/b> or person <\/p>\n The lawyer witnessing the deponent\u2019s <\/p>\n swearing the affidavit <\/p>\n signature must apply their digital <\/p>\n needs to obtain and apply <\/p>\n signature and key their name <\/p>\n their digital signature. <\/p>\n underneath. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.14 <\/p>\n <\/a> <\/p>\n STAGE THREE \u2013 Disclosure <\/b><\/p>\n \n In civil litigation, when a party starts a court proceeding and properly notifies the other party who then fails to confirm their intent to defend the proceeding, there is no need for any form of disclosure. <\/p>\n \n However, in family law if there is a claim for an order involving support or division of family assets, financial disclosure is required. The disclosure provides the court with the necessary evidence to establish a party\u2019s financial situation. <\/p>\n \n Disclosure for Child Support <\/b><\/p>\n Under the Divorce Act, <\/b><\/i> the court has a duty to ensure that reasonable child support has been arranged under the Child Support Guidelines<\/b>. The Guidelines state that the parties can either: 1. agree on the amount of income to use to calculate support under the Guidelines 2. or, provide financial documentation to prove their income. <\/p>\n \n Each province creates its own procedure to comply with the Child Support Guidelines<\/b> and <\/p>\n Divorce Act<\/b><\/i> requirements. To meet these requirements in British Columbia, the parties must complete and file a: <\/p>\n \n 1. Form F9 Agreement as to Annual Income<\/b>, jointly, <\/b>if they agree 2. Form F8 Financial Statement<\/b>, individually, if they do not agree The following is an excerpt from the pdf version of Form F8: <\/p>\n <\/i><\/p>\n You must file financial information <\/b>(Form F8) if any of the following apply: <\/i><\/p>\n \u2022 there is a claim against you for spousal support or you are claiming spousal support; <\/i><\/p>\n \u2022 there is a claim by either party for the division of property and\/or debts under Part 5 <\/i><\/p>\n or 6 of the Family Law Act; <\/i><\/p>\n \u2022 there is a claim against you for the support of a child, OR <\/i><\/p>\n \u2022 you are claiming child support unless all <\/b>of the following conditions apply:<\/i> a. you are making no claim for any other kind of support;<\/i> b. the child support is for children who are not stepchildren;<\/i> c. none of the children for whom child support is claimed is 19 years of age or<\/i> older; <\/i><\/p>\n d. the income of the person being asked to pay child support is under $150 000 <\/i><\/p>\n per year; <\/i><\/p>\n e. you are not applying for special expenses under section 7 of the child support<\/i> guidelines; <\/i><\/p>\n f. you are not applying for an order under section 8 of the child support guidelines;<\/i> g. you are not applying for an order under section 9 of the child support guidelines;<\/i> h. you are not making a claim based on undue hardship under section 10 of the<\/i> child support guidelines. <\/i><\/p>\n If you do not file the financial information that is required, the court may attribute an amount<\/i> of income to you, and make a support award against you, based on that amount. <\/i><\/p>\n \n <\/b><\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.15 <\/p>\n <\/a>Disclosure for Spousal Support and Division of Assets <\/b><\/p>\n <\/b><\/p>\n The Family Rules<\/i> state that Parts 1, 2 and 3 of the Form F8 Financial Statement must be used to provide evidence for spousal support (5-1(9)). In addition, when there is a claim for division of family assets (which is a claim under the Family Law Act<\/i>), Part 3 of the Form F8 Financial Statement must be filed. The Form F9 Agreement as to Annual Income cannot be used when division of family assets are claimed. <\/p>\n \n As you learned in Chapter 6, the parties to a joint divorce have settled all the issues prior to filing a Notice of Joint Family Claim. Because all financial issues have been settled it is appropriate to complete a Form F9 Agreement as to Annual Income to disclose financial information. In an undefended divorce, the respondent has chosen not to be involved in the divorce process by not responding to the claimant\u2019s claims. If the respondent chooses not to be involved in settling support issues, then the claimant must prepare the Form F8 Financial Statement. <\/p>\n <\/b><\/p>\n Form F8 Financial Statement <\/b><\/p>\n \n The Form F8 Financial Statement is designed to be used for child support, spousal support, or division of assets. The form is designed to meet the financial disclosure required under the Child<\/b> Support Guidelines<\/b>. The form is divided into 6 parts. Different parts of the form are completed depending on what the claims are being made. All the requirements for completing the form are set out in Rule 5-1 of the Family Rules<\/i>. <\/p>\n \n Applicable Income Documents <\/b><\/p>\n <\/b><\/p>\n Rule 5-1 requires any party who must provide income information to file and serve the form along with any applicable income documents<\/b>. Applicable income documents are extensively defined under the rule. The income documents are summarized below for reference. <\/b><\/p>\n <\/b><\/p>\n APPLICABLE INCOME DOCUMENTS <\/b><\/i><\/p>\n Revenue Canada documents <\/b><\/i><\/p>\n \u2022 a copy of every personal income tax return filed by the person for each of the 3 most recent taxation years, <\/p>\n \u2022 a copy of every notice of income tax assessment or reassessment issued to the person for each of the 3 most recent taxation years <\/p>\n Person receiving government benefits <\/b><\/i><\/p>\n \u2022 if the person is receiving employment insurance benefits, a copy of the 3 most recent employment insurance benefit statements, <\/p>\n \u2022 if the person is receiving workers’ compensation benefits, a copy of the 3 most recent workers’ compensation benefit statements, <\/p>\n \u2022 if the person is receiving social assistance, current documentary evidence of the social assistance that is being received by that person <\/p>\n \n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/i><\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.16 <\/p>\n <\/a> Person is an employee <\/b><\/i><\/p>\n \u2022 the most recent statement of earnings indicating the total earnings paid to the person in the year to date, including overtime, or <\/p>\n \u2022 if that statement is not provided by the employer, a letter from the person’s employer setting out the information referred to in subparagraph (i) and including the person’s rate of annual salary or remuneration <\/p>\n Person is self-employed. <\/b><\/i> The following information for the 3 most recent taxation years: <\/b><\/i><\/p>\n \u2022 the financial statements of the person’s business or professional practice, other than a partnership; <\/p>\n \u2022 a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the person does not deal at arm’s length, <\/p>\n \u2022 if the person is a partner in a partnership, confirmation of the person’s income and draw from, and capital in, the partnership for each of its 3 most recent taxation years <\/p>\n Person controls a corporation<\/b><\/i>. The following information for the corporation’s 3 most recent taxation years: <\/p>\n \u2022 the financial statements of the corporation and its subsidiaries; <\/p>\n \u2022 a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation and every related corporation does not deal at arm’s length <\/p>\n Person is a beneficiary under a trust <\/b><\/i><\/p>\n \u2022 a copy of the trust settlement agreement and copies of the trust’s 3 most recent financial statements <\/p>\n Person owns interest in real property <\/b><\/i><\/p>\n \u2022 a copy of the most recent assessment notice issued from an assessment authority for each property <\/p>\n <\/b><\/p>\n Numbering Applicable <\/b><\/p>\n The Applicable Income Documents will be attached to Form F8. Under Family Rule<\/i> 5-1(3), the applicable income documents must be numbered sequentially. Because three years of some documents are required, referring to a particular page could become confusing. Renumbering the documents provides clarity if the parties have to refer to them in a hearing or conference. <\/p>\n \n Service of Form F8 Financial Statement <\/b><\/p>\n Rule 5-1(11) defines the time limits for service. Under that rule, a claimant has to file and serve a Financial Statement along with any applicable income documents within 30 days of filing of the Notice of Family Claim. If the respondent lives within Canada or the United States, they have to file and serve a Financial Statement along with any applicable income documents within 30 days of receiving the Notice of Family Claim. If the respondent lives outside of Canada or the United Family Law\u2014Chapter 7 <\/p>\n \n 7.17 <\/p>\n <\/a>States, the time limit for filing the Form F8 Financial Statement is 60 days. Where a party does not comply with the filing of financial information the court can proceed and \u201cimpute\u201d income to them or apply the remedies for contempt of court e.g. arrest. <\/p>\n \n Service can be either personal service or ordinary service<\/b>. Ordinary service<\/b> means delivering the documents to the address filed with the court as the address for service. The claimant\u2019s address for service is found on the Notice of Family Claim. The respondent\u2019s address for service is found on the Response to Family Claim. <\/p>\n \n Since the requirement to provide the Financial Statement and applicable income documents arises automatically with the filing of the Notice of Family Claim that includes a claim for support or division of property, the claimant will know that they need to provide them at the start of the process when they are drafting their Notice of Family Claim. It would be more practical for the claimant to file a Financial Statement and applicable income documents at the same time the Notice of Family Claim is filed. All the documents could be served on the respondent at the same time. <\/p>\n \n Serving the Notice of Family Claim and the financial documents together eliminates the waiting time that would occur if the claimant served a Notice of Family Claim, waited for the respondent to file a Response to Family Claim, and then served the financial documents. <\/p>\n \n If the proceeding is undefended, the claimant does not need to prove that the Financial Statement was served in order to obtain judgment. Where the respondent is the payor and does not respond to the action, the Court may \u201cimpute\u201d an amount of income that will be the basis of an order after reviewing any evidence the claimant has on the respondent\u2019s income. <\/p>\n \n An example of the Financial Statement is shown on the following page: Family Law\u2014Chapter 7 <\/p>\n \n 7.18 <\/p>\n <\/a> \n The Financial Statement is a sworn <\/p>\n affidavit so needs to be identified by <\/p>\n deponent and the number of affidavit <\/p>\n filed by the deponent in this case. <\/p>\n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.19 <\/p>\n <\/a> The date on the jurat should match the <\/p>\n identifying date on the front of the <\/p>\n affidavit. The digital signatures of the <\/p>\n deponent and lawyer swearing the <\/p>\n affidavit must be applied. <\/p>\n \n Name of lawyer swearing Financial <\/p>\n Statement is keyed in. <\/p>\n The Financial <\/p>\n Statement is <\/p>\n comprised of 6 parts. <\/p>\n The parts which are <\/p>\n completed depend <\/p>\n on the case at hand. <\/p>\n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.20 <\/p>\n <\/a> A person must supply income documentation which depends on how they obtain their income. The first box must ALWAYS be selected. <\/p>\n \n Selected in this <\/p>\n example <\/p>\n because person <\/p>\n is an employee. <\/p>\n \n \n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.21 <\/p>\n <\/a> \n In lines 1 to 7, enter <\/p>\n the annual amount <\/p>\n that the person will <\/p>\n receive under each <\/p>\n source of income. <\/p>\n The total will <\/p>\n automatically appear <\/p>\n in line 8. <\/p>\n \n Fill in Schedule A on the next page if <\/p>\n there is Other Income. <\/p>\n Enter any adjustments to income. Fill in <\/p>\n \n Schedule B if there is child support <\/p>\n adjustments on line 10. <\/p>\n \n Lines 12, 13 and 14 are only required if claiming special expenses. <\/p>\n If the person is already receiving or paying any spousal support, enter those amounts into lines 12 and 13. Add any universal child care benefits into line 14. <\/p>\n \n \n \n \n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.22 <\/p>\n <\/a> Lines 16, 17 and 18 are only required if there is a claim for spousal support. Add in any child support being received, social assistance, and Child Tax Benefit and BC Family Bonus. <\/p>\n \n Schedule A is filled in if the <\/p>\n person has other income that <\/p>\n goes in line 7 on previous page. <\/p>\n Enter annual amounts. <\/p>\n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.23 <\/p>\n <\/a> \n Schedule B is filled in if the person <\/p>\n has child support guideline <\/p>\n adjustment that goes in line 10 in <\/p>\n Part 1. Enter annual amounts. <\/p>\n These are adjustments from <\/p>\n Schedule III of the guidelines. <\/p>\n \n Throughout the remainder of the form, if you need to <\/p>\n add another entry line for another item, click on the <\/p>\n green + buttons. <\/p>\n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.24 <\/p>\n <\/a> Part 2 is a statement of the person\u2019s monthly <\/p>\n expe nses. Enter the monthly amount. The <\/p>\n total will be given at the end. Part 2 continues <\/p>\n for the next 3 pages. <\/p>\n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.25 <\/p>\n <\/a> \n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.26 <\/p>\n <\/a> Family Law\u2014Chapter 7 <\/p>\n \n 7.27 <\/p>\n \n <\/a> Part 3 is a statement of the <\/p>\n person\u2019s assets and debts. It <\/p>\n continues for the next 2 pages. <\/p>\n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.28 <\/p>\n <\/a> \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.29 <\/p>\n <\/a> These items <\/p>\n were listed by <\/p>\n clicking on <\/p>\n green + <\/p>\n button to add <\/p>\n another line <\/p>\n for the line of <\/p>\n credit. <\/p>\n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.30 <\/p>\n <\/a> The requirement to list disposed of <\/p>\n property prevents parties from getting <\/p>\n \n rid of assets to hide them or the <\/p>\n \n proceeds from the proceedings. <\/p>\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.31 <\/p>\n <\/a> \n \n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.32 <\/p>\n <\/a> <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n Page 15 of 15 <\/p>\n <\/b><\/p>\n <\/b><\/p>\n <\/b><\/p>\n STAGE FOUR – Hearing <\/b><\/p>\n \n Because an undefended divorce is non-contentious, it can be decided by a desk order <\/b>just like a joint divorce. Rule 10-10(2) of the Family Rules<\/i>, which is the same rule that applied to obtaining a desk order for a joint divorce, lists the documents that must be filed in order to obtain a final order in an undefended divorce. <\/p>\n \n The documents are the same as those used to obtain an order for a joint divorce, with two additional requirements: <\/p>\n 1. There must be proof that the proceeding is undefended. <\/p>\n 2. There must be proof that the respondent was served with the Notice of Family Claim. <\/p>\n \n Documents Required for an Undefended Divorce <\/b><\/p>\n (a) <\/p>\n Form F35 Requisition; <\/p>\n (b) <\/p>\n Form F52 Draft of the Final Order; <\/p>\n (c) <\/b><\/p>\n Proof that the proceeding is undefended; <\/b><\/p>\n (d) <\/p>\n Form F36 Certificate of the Registrar; <\/p>\n (e) <\/b><\/p>\n Proof of service; <\/b><\/p>\n (f) <\/p>\n if there is a child of the marriage within the meaning of the Divorce Act or <\/i> child support is involved, Form F37 Child Support Affidavit; <\/p>\n (f.1) if guardianship of one or more children is being sought, an Affidavit in Form F101; and <\/p>\n (g) <\/p>\n Form F38 Affidavit \u2013 Desk Order Divorce. <\/p>\n \n In Chapter 6, the traditional paper or Word versions of Forms F35, F52, F36, F37 and F38 were used. PDF versions of these forms are also available and will be used in this chapter. Forms shown in Chapter 6 are not repeated in this chapter as they are substantively the same. <\/p>\n \n Proof that the proceeding is undefended<\/b> <\/p>\n There are several ways in which a proceeding can be determined to be undefended: <\/p>\n \u2022 The simplest is the respondent failing to file a Response to Family Claim. <\/p>\n \u2022 Or, the respondent might file a Response to Family Claim, then withdraw it. <\/p>\n \u2022 Or, the court could order the Response to Family Claim to be treated as invalid because the respondent fails to follow other procedures later in the proceeding. <\/p>\n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.33 <\/p>\n <\/a>If the respondent withdraws a Response to Family Claim or the court orders it invalid, there would be a court document reflecting that event. That document would be filed as proof that the proceeding is undefended. <\/p>\n \n This text will focus on a situation where the respondent fails to file a Response to Family Claim. <\/p>\n There is no court document that is automatically generated if the respondent fails to file a Response to Family Claim. The claimant must file a Form F17 Requisition – General<\/b> requesting the registry staff to check the court file for a Response to Family Claim. The staff will note the lack of a Response to Family Claim on the Requisition and return it to the claimant. The claimant must include Form F17 with the documents being sent to obtain the desk order. <\/p>\n \n The Form F17 Requisition – General<\/b> is a generic Requisition that can be used to make simple requests to the registry staff. An example of the Form F17 Requisition used to request a search for a Response to Family Claim is shown on the following page. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.34 <\/p>\n <\/a> For this situation, only a request is required. No supporting documents are needed. <\/p>\n \n The general F17 Requisition is used for a variety of <\/p>\n requests. Some requests require the filing of supporting <\/p>\n documentation. The documentation should be listed. Each <\/p>\n individual document that needs to be filed should be <\/p>\n \n \n entered into its own field. Click the green ADD button for additional fields. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.35 <\/p>\n <\/a>Proof of Service <\/b><\/p>\n Normally the Affidavit of Service must be filed to prove documents have been served. In an undefended divorce, the Affidavit of Service is required only to prove the divorce is undefended. <\/p>\n \n If the respondent has filed a Response to Family Claim, the proceeding is defended and there is no need to file the Affidavit of Service. By filing the Response to Family Claim, the respondent has proven that they are aware of the proceeding. <\/p>\n \n \n COSTS <\/b><\/p>\n \n The claimant may ask for costs to offset the legal expense and effort the claimant had to incur to obtain the divorce order. Costs are built into the family litigation process to encourage parties to finish the proceedings as quickly as possible. The longer the proceeding takes, the higher the costs become. <\/p>\n \n Costs are generally awarded to the successful party. In the case of an undefended divorce, the claimant is the successful party. Rule 16-1 gives the rules for awarding costs. Appendix B sets out the tariff<\/b> or amount of costs awarded. The tariff is based on the scale<\/b> and schedule<\/b> of items<\/b>. <\/p>\n \n The first step is to determine the scale<\/b> which refers to the level of difficulty. There are three levels of difficulty: less than ordinary difficulty, ordinary difficulty, or more than ordinary difficulty. The court must specifically state that a proceeding is one of less than ordinary difficulty, or one of more than ordinary difficulty. If the court does not state otherwise, the presumption is that the matter was one of ordinary difficulty. Undefended divorces will most likely be considered a matter of less than ordinary difficulty. <\/p>\n \n After determining the scale, the party entitled to costs must make a claim using the schedule of<\/b> items<\/b>. The schedule lists all the steps that may be taken in the proceeding. The party entitled to costs claims for each of the steps they took. <\/p>\n \n Undefended divorces are very simple. The only steps the claimant needed to take was to file and serve the Notice of Family Claim and (possibly the Financial Statement). The final divorce order can then be applied for without further proceedings. Usually in a proceeding with no applications, the claimant only claims for the first item on the schedule. <\/p>\n \n The party entitled to costs can also claim for any reasonable disbursements or out of pocket expenses. The total of costs and disbursements will be paid by the unsuccessful party, the respondent in an undefended divorce. A Form F71 Bill of Costs<\/b> is drafted by the party entitled to costs. The other party can accept it, negotiate the amount claimed, or have the Registrar assess the Bill of Costs. If the parties consent or the Registrar assesses the Bill of Costs, a Form F72 <\/b><\/p>\n Certificate of Costs<\/b> is completed. <\/p>\n \n Partial examples of the Bill of Costs is shown below:<\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.36 <\/p>\n <\/a> \n Family Law\u2014Chapter 7 <\/p>\n \n 7.37 <\/p>\n <\/a> \n Do not include <\/p>\n taxes for non-<\/p>\n taxable <\/p>\n disbursements <\/p>\n \n \n Parts of the Bill of Costs <\/b><\/p>\n <\/b><\/p>\n Part C. <\/b> Records any additional costs that may have been ordered by a judge or master during the course of the proceeding. As this is an undefended divorce, no additional costs would have been ordered. <\/p>\n \n Family Law\u2014Chapter 7 <\/p>\n \n 7.38 <\/p>\n <\/a>Part D. <\/b> Shows the total of all items claimed. If the claimant paid taxes on their legal fees, they may claim the same tax percentages on the total of the items. <\/p>\n \n Part E. <\/b>Shows the disbursements. Reasonable disbursements can be claimed. The fees for filing the Notice of Family Claim, Requisition for a desk order, and electronic filing fee are prescribed under Appendix C of the Family Rules<\/i>. These are non-taxable disbursements. <\/p>\n \n The process server and photocopies were incurred by the law firm but can be added to the Bill of Costs. All the amounts claimed go in the \u201cClaimed\u201d column. The \u201cAllowed\u201d column is used by the Registrar if the respondent disputes the amounts and has the Bill of Costs assessed. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.39 <\/p>\n <\/a>Chapter 7 Review <\/b><\/p>\n \n Use these questions to check your understanding of Chapter 7. The answers can be found in the data file named Ch7ReviewKey.docx<\/i> <\/p>\n \n 1. How is using a PDF form different from using an XML form? <\/p>\n \n 2. Explain why a marriage certificate must be filed with a Notice of Family Claim. <\/p>\n \n 3. If a Notice of Family Claim is personally served on Friday, August 6, 2021 at 4:15 p.m., on what day is service deemed to have occurred? <\/p>\n \n 4. How is personal service of a document proven? <\/p>\n \n 5. For each of the following claims indicate on which form financial disclosure can be made, on the F8, on the F9 or on either of Forms F8 or F9: A. claim for spousal support <\/p>\n B. claim for child support <\/p>\n C. claim for division of assets <\/p>\n \n 6. For each of the following applicants, list the schedules which must be included with the Notice of Family Claim. <\/p>\n \n A. Hannah wants a divorce. She has no children, she wants the matrimonial home, and she expects her spouse to support her. <\/p>\n B. Harvey\u2019s spouse committed adultery. He wants a divorce and all parental responsibilities of the children. He wants to buy his spouse\u2019s interest in the family home so the children can remain with him. <\/p>\n C. Abby is very upset because her spouse has been emotionally abusive. She wants a divorce and to change her name back to her surname at birth. She wants no reminder of her marriage to Edward. <\/p>\n \n 7. Why is it important to renumber the applicable income documents attached to Form F8? <\/p>\n \n 8. What is the time allowed for: <\/p>\n \n A. the claimant to file a Form F8. <\/p>\n B. the respondent to file a Form F8. <\/p>\n \n 9. How must a Form F8 be served? <\/p>\n \n 10. Why is it to the claimant\u2019s advantage to file the Form F8 along with the Form F3? <\/p>\n \n 11. List 3 circumstances that determine a divorce is undefended. <\/p>\n \n 12. List the documents required for an undefended divorce. <\/p>\n \n 13. Name two documents used to prove a divorce is undefended. <\/p>\n \n 14. What are the three levels on the scale used to determine costs for the Bill of Costs? <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.40 <\/p>\n <\/a> <\/p>\n 15. What is a schedule of items? <\/p>\n \n 16. Identify what is contained in each of the following parts of Form F71. <\/p>\n A. <\/p>\n B. <\/p>\n \n C. <\/p>\n \n D. <\/p>\n \n E. <\/p>\n \n <\/b><\/p>\n Chapter 7 Terminology <\/b><\/p>\n \n Use a legal dictionary to find the definitions of the following words. <\/p>\n \n counterclaim <\/p>\n ordinary service <\/p>\n personal service <\/p>\n tariff <\/p>\n claimant <\/p>\n \n <\/b><\/p>\n <\/b><\/p>\n PE7 PRACTICE EXERCISE\u2014Bauer Undefended Divorce <\/b><\/p>\n <\/b><\/p>\n In this practice exercise you are the legal administrative assistant for Gail B. Amherst of Amherst Brown & Company. Ms. Amherst has interviewed Meghan Bauer. <\/b>She gives you the Bauer Client Information Sheet she has prepared and asks you to open a client folder. <\/p>\n (Assume you have opened a client folder.) For online students, download the data file named FileContents.docx, and fill in the list as the documents are completed. Classroom students will hand in their folder. <\/p>\n <\/b><\/i><\/p>\n Documents\/files you need: <\/b><\/i><\/p>\n \n \u2022 Bauer Client Information Sheet, from the data file folder <\/p>\n \u2022 Google \u201cFamily Forms Supreme BC\u201d and download: F3.pdf; F8.pdf; F15.pdf; F35.pdf; F52.pdf; F17.pdf; F36.pdf; F38.pdf; F37.pdf <\/p>\n \n <\/b><\/p>\n Commencement, Notification, Disclosure <\/b><\/p>\n <\/b><\/p>\n You prepare the Claimant\u2019s Form F3\u2014Notice of Family Claim <\/b> <\/p>\n <\/b><\/i><\/p>\n Check your work with the file named PE7F3Key.pdf<\/i><\/b> <\/b><\/p>\n <\/b><\/i><\/p>\n 1. Open the file F3.pdf and save it as PE7F3YourLastName. <\/b><\/i> <\/p>\n 2. Leave the File Number blank; the court clerk will assign and write in the number when the document is filed. <\/p>\n 3. Select the New Westminster registry from the drop down menu. (Note: this information will be automatically added to section 6. <\/p>\n 4. Key the information about the Claimant. <\/p>\n a. Key the Claimant\u2019s name. <\/p>\n b. Click on Relationship<\/b> and key: married to Lucas Paul Bauer c. Click on Address for Service<\/b> and select the box next to Counsel Address. <\/p>\n i. <\/p>\n Key in the address for Amherst Brown & Company: 5432 West Pender Street, Vancouver, British Columbia, Canada. <\/p>\n Family Law\u2014Chapter 7 <\/p>\n \n 7.41 <\/p>\n![\"Image](\"https:\/\/pressbooks.bccampus.ca\/familylaw\/wp-content\/uploads\/sites\/2231\/2024\/06\/index-188_1.png\")
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<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n<\/p>\n