We strongly recommend that you obtain the assistance of an experienced lawyer because no two cases are identical. Although you will be granted one opportunity to file an Amended Notice of Family if you change your mind about the orders you may wish to seek, some information cannot be changed, which is explained in more detail below.
The basic instructions to complete a Notice of Family Claim are as follows:
(1) Fill in your full legal name as the “Claimant” and your spouse’s full legal name as the “Respondent.” The names must match your marriage certificate if you are married. If you have changed your last name since you were married, you can enter your legal name followed by “AKA” your new name. For example, “Jane Smith, AKA Jane Doe.”
(2) Under Information about the parties, you would write; “The Claimant, (name), is the (wife/husband) of the Respondent,” and “The Respondent, (name), is the (wife/husband) of the Claimant.”
(3) Under Spousal relationship history, you should enter the date that you and your partner began living together (you can enter an approximate date if you are unsure as to the exact date), the date you were married, the date you separated, and the date you were divorced, if applicable. As mentioned above, it is important to seek legal advice about your date of cohabitation and date of separation before filing this document. Spouses must live together to establish a date of cohabitation, but it is possible for spouses to remain in a relationship while temporarily living in separate residence later on. It is also possible to be separated while remaining in the same residence. The date of separation is usually the date that one of the parties expressed an intention to end the relationship and a step was taken to confirm that intent (such as moving to a separate bedroom). The date of separation may change if you and your spouse attempt to work on your relationship or temporarily reconcile.
These dates can have important implications. For example, if you are in a common law relationship, each party has two years from the date of separation to file a Notice of Family Claim. If you accidentally enter a date of separation that is earlier than the actual date of separation, you could cause yourself to miss the limitations deadline. If you enter a date of separation that is later than the actual date of separation, you could open the door for your former spouse to seek orders against you, when he or she should have been statute barred.
The information entered in this part of the Notice of Family Claim may be deemed “admissions,” and you cannot withdraw an admission without the consent of the other party or leave of the court.
(4) Under Prior court proceedings and agreements, you should reference any written agreements that were signed by you and your spouse (if the written agreement is related to your marriage/relationship or separation). You should also reference any relevant court orders or court proceedings. This may include criminal proceedings, such as a bail order restraining one party from contacting the other.
(5) Under The claimant’s claims, you will need to select all of the unresolved issues. If you are unsure, you should select the box. For example, if you don’t think you want spousal support but it’s a possibility, you should select “An order for spousal support.” You don’t need to seek spousal support because you selected the box, but you will not be able to seek spousal support unless you select this box or file an Amended Notice of Family Claim seeking spousal support. You can only file one Amended Notice of Family Claim. After that, you will need the court’s permission to file another Amended Notice of Family Claim.
(6) There are several orders that you may want to consider seeking under “Another Order.” For example, an order for exclusive occupation of the family residence, interim distribution of family property, or an order preserving family assets. It is important to seek legal advice about the orders that you may potentially wish to seek. It is better to be too thorough than not thorough enough.
If you’re seeking a divorce, you will need to fill in Schedule 1 of the Notice of Family Claim.
If you’re seeking orders regarding children, you will need to fill in Schedule 2 of the Notice of Family Claim.
If you’re seeking an order for spousal support, you will need to fill in Schedule 3 of the Notice of Family Claim.
If you’re seeking an order regarding family property or debt, you will need to fill in Schedule 4 of the Notice of Family Claim.
If you’re seeking other orders, you will need to fill in Schedule 5 of the Notice of Family Claim.
If you (or your spouse) are seeking orders for child support, spousal support, Section 7 Expenses (special or extraordinary expenses related to the children), or property and debt division, you will likely need to complete and file a sworn Form F8 Financial Statement.