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Difference between revisions of "Responding to a Court Proceeding in a Family Matter"
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Responding to a Court Proceeding in a Family Matter (view source)
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This is just a rough sketch of the lengthy process of bringing an action to a conclusion. Not every case will need to use all of these steps (some people may not need to have examinations for discovery and others won't see the point of holding a settlement conference, for example), and some steps may need to be repeated more than once. As well, the actual trial process is much, much more complex that my brief description. | This is just a rough sketch of the lengthy process of bringing an action to a conclusion. Not every case will need to use all of these steps (some people may not need to have examinations for discovery and others won't see the point of holding a settlement conference, for example), and some steps may need to be repeated more than once. As well, the actual trial process is much, much more complex that my brief description. | ||
===Financial | ===Financial statements=== | ||
If a court proceeding involves a claim for spousal support, child support, the division of property or the division of debt, each party must prepare and file a ''Financial Statement'' in Form F8. A | If a court proceeding involves a claim for spousal support, child support, the division of property or the division of debt, each party must prepare and file a ''Financial Statement'' in Form F8. A financial statement sets out a person's income, expenses, assets and liabilities and is sworn on oath or affirmation, just like an affidavit, by a lawyer, notary public, or registry clerk. | ||
The | The financial statements are very important in family law proceedings. The portions about income are critical for determining child support and spousal support, and, unless there are appraisals or other documents that establish value, the portions about assets and debts may be used to determine the value of an asset and the amount owing on a debt. As well, since financial statements are sworn statements, someone making a financial statement can find his or her credibility being challenged if the numbers don't make sense, if they are overblown or understated, if they omit critical information, or if they are outright fabrications. | ||
Each party must attach to their | Each party must attach to their financial statements a number of important documents: | ||
#the last three years' worth of tax returns (what's required is the complete income tax and benefit return, not tax return "summaries" or "informations"), | #the last three years' worth of tax returns (what's required is the complete income tax and benefit return, not tax return "summaries" or "informations"), | ||
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#the most recent BC Assessments for all real property. | #the most recent BC Assessments for all real property. | ||
The form that must | The form that you must use is Form F8, set out in the [http://canlii.ca/en/bc/laws/regu/bc-reg-169-2009/latest/bc-reg-169-2009.html Supreme Court Family Rules]Supreme Court Family Rules]. | ||
===Judicial Case Conferences=== | ===Judicial Case Conferences=== | ||
