Anonymous

Difference between revisions of "Uncontested Divorce (3:V)"

From Clicklaw Wikibooks
Line 53: Line 53:
Follow the directions outlined on the forms carefully.  
Follow the directions outlined on the forms carefully.  


Under Part 2 of the Notice of Family Claim, when the parties began living in a marriage-like relationship is usually (though not always) when the parties first began cohabiting. Conversely, the date of separation is the date the parties stopped living in a marriage-like relationship, even though they may have continued to live together under the same roof. If the breakdown of the marriage is due to separation,the commencement of the separation date should be noted.  
Under Part 2 of the Notice of Family Claim, when the parties began living in a marriage-like relationship is usually (though not always) when the parties first began cohabiting. Conversely, the date of separation is the date the parties stopped living in a marriage-like relationship, even though they may have continued to live together under the same roof. If the breakdown of the marriage is due to separation, the date of commencement of the separation should be noted.  


Under Part 3 of the Notice of Family Claim, any separation agreement or financial agreements determining any matters related to the dissolution of the marriage, any orders from the Courts, and/or other proceedings in the Courts should be noted. Details such as the date of the agreement, the matters resolved, and whether or not the agreements are still in effect should be set down, but the more specific details of the agreements do not need to be set out.
Under Part 3 of the Notice of Family Claim, any separation agreement or financial agreements determining any matters related to the dissolution of the marriage, any orders from the Courts, and/or other proceedings in the Courts should be noted. Details such as the date of the agreement, the matters resolved, and whether or not the agreements are still in effect should be set out, but the more specific details of the agreements do not need to be set out.


If the claimant is only seeking a divorce and has settled all other corollary matters without the need for court orders regarding same, he or she need only fill out the Notice of Family Claim, Schedule 1 – Divorce, and, if applicable, Schedule 5 - Other Orders if he or she wants an order changing his or her name under the [http://canlii.ca/t/8481 ''Name Act''].  
If the claimant is only seeking a divorce and has settled all other corollary matters without the need for court orders, he or she need only fill out the Notice of Family Claim, Schedule 1 – Divorce, and, if applicable, Schedule 5 - Other Orders if he or she wants an order changing his or her name under the [http://canlii.ca/t/8481 ''Name Act''].  


The forms must include an address for service. This address has to be within 30 km from the courthouse. It can include a fax number and/or an email address. The address must be kept up to date with the Court and opposing party.  
The forms must include an address for service. This address must be within 30 km from the courthouse. It can include a fax number and/or an email address. The address must be kept up to date with the Court and opposing party.  


=== 1. Schedule 1: Divorce ===
=== 1. Schedule 1: Divorce ===
5,109

edits