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Difference between revisions of "Discovery and Disclosure in Family Law"
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Discovery and Disclosure in Family Law (view source)
Revision as of 17:39, 13 June 2017
, 17:39, 13 June 2017→Financial statements
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=== Financial statements === | === 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 (see Rule 5-1 of the [http:// | 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 (see Rule 5-1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. A Financial Statement sets out a person's income, expenses, assets (property) and liabilities (liabilities) and is sworn under oath or affirmation, just like an affidavit, before a lawyer, notary public, or court registry clerk. | ||
Rule 5-1(11) of the [http:// | Rule 5-1(11) of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] requires that Financial Statements be filed and served upon the other party within a 30 day time frame as follows: | ||
<blockquote><tt> | <blockquote><tt> | ||
(a) if the disclosing party's <span class="noglossary">obligation</span> arises because of a claim he or she made, he or she must file and serve those documents within 30 days, or such other period as the court may order, after service of the document in which the claim is made; | (a) if the disclosing party's <span class="noglossary">obligation</span> arises because of a claim he or she made, he or she must file and serve those documents within 30 days, or such other period as the court may order, after service of the document in which the claim is made; | ||
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# the most recent BC Assessments for all real property. | # the most recent BC Assessments for all real property. | ||
The form you must use is Form F8, set out in the [http://canlii.ca/ | The form you must use is Form F8, set out in the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. | ||
=== Discovery of Documents & Lists of Documents === | === Discovery of Documents & Lists of Documents === | ||