kit #1 starting a family law proceeding self-help kit ... · represent you in your family law...
TRANSCRIPT
Kit #1
Starting a Family Law Proceeding
Self-Help Kit*
Custody
Access
Child Support
Spousal Support
Property Division
Divorce
*This self-help kit is not a substitute for professional legal advice. It does not address all possible situations nor does
it cover all areas of applicable legislation. You use this kit entirely at your own risk. The legal process can be
complicated and it is recommended that you consult with a lawyer before filing any documents and proceeding to
court.
2019.02
You can use this kit to commence a claim through the Court of Queen’s Bench in
Saskatchewan for any of the above issues to be resolved. This kit also contains the forms to
apply for an interim order.
If the other party resides in another province, you might not be able to use this kit to resolve
the issue of support payments. If the child resides in Saskatchewan, you may still be able to
resolve and custody and access matters.
If you have any questions, please feel free to contact:
Family Law Information Centre
1-888-218-2822 (extension 2)
(306) 787-5837
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TABLE OF CONTENTS
I. Is this kit for me? ------------------------------------------------------------------- 3
II. What do I need to do? -------------------------------------------------------------- 8
III. Completing the Forms ----------------------------------------------------------- 10
IV. Serving Documents --------------------------------------------------------------- 19
V. What can I expect from the Respondent? ------------------------------------- 20
VI. Do I actually need to go to court? ---------------------------------------------- 22
VII. What do I do after I’ve been to court? ----------------------------------------- 23
VIII. What if I have questions when I am using this kit? -------------------------- 24
CHECKLIST
Checklist ------------------------------------------------------------------------------------ 25
Judicial Centres in the Province of Saskatchewan -------------------------------- 26
FORMS
Petition -------------------------------------------------------------------------------------- 27
Financial Statement ------------------------------------------------------------------------ 37
Property Statement ------------------------------------------------------------------------ 51
Notice of Application --------------------------------------------------------------------- 61
Affidavit ------------------------------------------------------------------------------------- 64
Notice to Attend Parenting Education Program --------------------------------------- 69
Notice to File Income Information ------------------------------------------------------ 70
Affidavit of Service ------------------------------------------------------------------------ 72
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I. Is this Kit for Me?
Will this kit help me make a claim for custody or access?
This kit will help you make a claim with the courts to decide on the issue of custody or access.
You can also use the additional forms in this kit to apply for an interim custody or access order
where one has not previously been made in Saskatchewan. If you have an existing custody or
access court order through the courts in Saskatchewan that you wish to change, you will need a
different kit. If you only have an existing custody/access agreement, and wish to change the terms
of the agreement, you can still use this kit.
“Custody” is a individual’s right and responsibility to care for a child. Custody includes
the legal right to make decisions regarding a child’s schooling, religious upbringing, health
care and participation in extracurricular activities.
“Sole custody” is where only one party has the right or responsibility to care for the child.
Usually the child lives primarily with the party who has sole custody.
“Joint custody” is where both parties share in the right and responsibility to care for the
child. The child can live primarily with either party or shared between two households,
while both parents share in the child’s upbringing.
“Access” refers to the right of the child to spend time with the non-custodial party. The
purpose of access is to allow the child to continue to have a relationship with the other
party. Access cannot be refused because of problems related to child support.
This kit is designed to help you go through the court system to obtain custody and/or access.
However, going to court is not the only way you can arrange custody/access. In Saskatchewan,
there are two laws that allow the court to make a custody/access order. These laws are:
(1) the Divorce Act; and
(2) The Children’s Law Act, 1997.
If you are, or were, married to the other party (the Respondent), a custody/access order can be
either made under the Divorce Act or the Children’s Law Act, 1997. If you were never married to
the Respondent, the access order can only been made under the Children’s Law Act, 1997. It is
your responsibility to read and understand the portions of the Divorce Act and the Children’s Law
Act, 1997 that apply to your situation.
The Divorce Act can be found here: http://laws.justice.gc.ca/eng/acts/D-3.4/index.html
The Children’s Law Act can be found here:
http://www.publications.gov.sk.ca/details.cfm?p=462
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Will this kit help me obtain child support?
This kit is designed to allow you to make a claim for child support. You can only use this kit if
you do not have an existing Saskatchewan court order or judgment that deals with support. If you
have an existing child support order through the courts in Saskatchewan that you wish to change,
you will need a different kit.
Also, please note that if the other party (Respondent) resides outside Saskatchewan, the court may
decline to accept jurisdiction of the child support matter. If the Respondent resides elsewhere, you
may wish to file an interjurisdictional support application, and for this, you will need a different
kit.
You can find out more information about child support here:
http://www.justice.gc.ca/eng/fl-df/child-enfant/index.html
Will this kit help me obtain spousal support?
This kit may also be used to make a claim for spousal support. Spousal support is money paid by
one spouse to the other after they separate or divorce. It is sometimes called alimony or spousal
maintenance. Many factors may affect whether a married or common-law spouse is entitled to
spousal support and how much support they should receive.
There are advisory guidelines that may be helpful in predicting the range of possible spousal
support amounts. You can find more information on those guidelines here:
http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html
You can also find an online support calculator for both child support and spousal support here:
http://www.mysupportcalculator.ca/#SupportCalculator
What laws apply to child support and spousal support?
In Saskatchewan, court orders for support are made under the authority of either The Divorce Act
or The Family Maintenance Act, 1997. Parties who were never married will always fall under The
Family Maintenance Act, 1997.
It is your responsibility to read and understand the portions of the Divorce Act and The Family
Maintenance Act, 1997 that apply to your situation.
The Divorce Act can be found here: http://laws.justice.gc.ca/eng/acts/D-3.4/index.html
The Family Maintenance Act can be found here:
http://www.publications.gov.sk.ca/details.cfm?p=534
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Will this kit help me divide family property?
This kit will help you with starting a claim that deals with the division of family property after a
separation.
In Saskatchewan, the law that deals with the division of family property is The Family Property
Act. You can find a copy of this law here: http://www.publications.gov.sk.ca/details.cfm?p=535
Will this kit help me start a claim for divorce?
You can use this kit to make a claim for a divorce. A divorce is the legal and formal ending of a
marriage.
You or your spouse must have been a resident of Saskatchewan for at least one year before
beginning the divorce application. Neither you nor your spouse may apply for divorce in
Saskatchewan until one of you has been resident for at least one year.
There should be no other divorce proceedings between you and your spouse pending in any other
province in Canada. When the Local Registrar’s Office issues your Petition for Divorce, it must
also confirm that no other divorce action involving you and your spouse exists anywhere else in
Canada. To do this, it contacts the Central Divorce Registry in Ottawa and requests a Clearance
Certificate. The registry keeps records of all divorces in Canada. A court will not grant a judgment
for divorce unless it has received a Clearance Certificate. If another action exists, you cannot use
this kit to file a claim for a divorce.
You must have grounds or reasons for asking the court to grant a divorce. The Divorce Act
provides that a court may grant a divorce if marriage breakdown has been established for any one
of the following reasons:
- Living separate and apart for more than one year; or
- Adultery; or
- Physical or mental cruelty.
Most people will apply for a divorce based on separation; you and your spouse must have lived
separate and apart for at least one year before applying for the Judgment for Divorce. You may
have the Petition for Divorce issued before you have lived apart for the entire year, as long as you
are living separate and apart when you issue the Petition. However, the Judgment for Divorce will
not be granted before the year has passed.
Please note that if you were in a common-law spousal relationship, section 3.1 of The Family
Property Act states that an application for division of family property must be brought within
24 months after the cohabitation ceases.
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Where can I find out about all of my options to resolve our issues?
If you wish to obtain further legal information you can contact the Family Matters Program (1-
844-863-3408) to find out whether there is material that we might be able to send out to you. You
can also call the Family Law Information Centre (1-888-218-2822 ext. 2) to speak to their
lawyer to get general legal information or help with self-help kits if you are choosing to represent
yourself.
Legal information is also provided by the Public Legal Education Association of Saskatchewan
(PLEA). You can visit their specialized family law website to create your own court forms
electronically, or to obtain additional information here: www.familylaw.plea.org
If you are interested in trying to resolve any outstanding issues with the help of a mediator, you
can contact the Dispute Resolution Office at 1-866-257-0927, or (306) 787-5747 (Regina) or (306)
933-7864 (Saskatoon), at: https://www.saskatchewan.ca/government/directory?ou=81ce845c-e4c6-4f5f-80eb-d5a3c3506f4e
https://www.saskatchewan.ca/government/directory?ou=b8671485-66c8-44f3-8fcd-a801efcf3e23
You may decide that you would like to retain a lawyer to provide you with legal advice, or to
represent you in your family law matter. If you want to find a lawyer, check the yellow pages
listings in the telephone book, or speak to family or friends for recommendations. The Family Law
Information Centre cannot provide referrals to specific lawyers or firms. When choosing a lawyer,
you can research any past disciplinary proceedings against lawyers by the Law Society of
Saskatchewan on their website, here: http://www.lawsociety.sk.ca/
If you are a low income earner or do not earn any income at all, you may qualify for Legal Aid.
Consult your telephone book for the Saskatchewan Legal Aid Commission office nearest you, or
visit their website: http://www.legalaid.sk.ca/
Pro Bono Law Saskatchewan (PBLS) is an organization that coordinates pro bono (free) legal
services to persons of limited means. You can find out more about their programs by calling 1
(855) 833-7257 or here: http://www.pblsask.ca/
When deciding how to proceed, you may also wish to consider Collaborative Law, which is a
process for resolving issues with the advice and assistance of lawyers but without going to court.
You can find more information about this, or a list of Collaborative Law professionals, by calling
Collaborative Lawyers of Saskatchewan at 1-866-347-8545, or visiting their website:
http://www.collabsask.com/
Do I need a lawyer?
You have the right to go to court without a lawyer. However, you need to know that in court you
will be treated the same as a person who has a lawyer. Do not expect any special or different
treatment because you do not have a lawyer. If you do not know and follow the court rules, you
will have to live with the consequences.
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If you are a low income earner or do not earn any income at all, you may qualify for Legal Aid.
Consult your telephone book for the Saskatchewan Legal Aid Commission office nearest you.
You cannot rely on this kit to provide you with legal advice. You use this kit entirely at your own
risk.
If you decide to represent yourself in court, it is your responsibility to be familiar with the Court
of Queen’s Bench Rules of Saskatchewan (especially Part 15 of the Rules that deals with Family
Law Proceedings) as well the relevant legislation dealing with family law. You can find this
information at the Publications Saskatchewan website:
(http://www.publications.gov.sk.ca/freelaw/)
Even if you decide not to hire a lawyer to represent you in court, it is still a good idea to consult
a lawyer before you use this kit. A lawyer can advise you about the law, help you evaluate your
chances of success and tell you what the cost of the court application would be if you decided
to hire a lawyer. The lawyer will likely charge you for their advice.
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II. What do I need to do?
Do I need to attend any courses or information sessions before I start?
After starting your family law proceeding, if you are choosing to complete the additional forms in
this kit to apply for an interim order that deals with children (custody, access, and/or child support),
then you must register for a mandatory Parenting after Separation and Divorce course before
starting your court application. The course is currently free and is offered by Family Justice
Services. You must register for the course in advance by calling
1-888-218-2822 extension 1 (south Saskatchewan)
1-877-964-5501 (central and northern Saskatchewan)
You must prove to the judge who hears your court application that you have attended the course
within the last two years. You will receive a certificate of completion from Family Justice
Services which you must file with the court. You must also notify the Respondent that they will
have to take the course as well. You will be reminded of this requirement later in this kit. The
information provided is very useful and may help you improve your relationship with your child
and the Respondent.
Claiming for Divorce
If you will be starting a claim for a Divorce, then you will need a Marriage Certificate or a
Certificate of Registration of Marriage. You must file your marriage certificate with the court
when you issue your Petition for Divorce. If your marriage was performed in Saskatchewan, the
Certificate of Registration of Marriage can be obtained in Saskatchewan from:
eHealth Saskatchewan
http://www.ehealthsask.ca/vitalstats/
1-800-667-7551
Your original marriage certificate must be in either of Canada=s official languages, English or
French. If your marriage certificate is written in a different language, you must provide a
translation of the document, together with an affidavit verifying the translation.
What court documents do I have to prepare?
The first document that you will need to prepare is the Petition. This starts your family law court
proceeding. If your Petition contains a claim for child support or spousal support, then you will
need to complete the Financial Statement and Notice to File Income Information in this kit. If your
Petition contains a claim for property division, then you will need to complete the Property
Statement in this kit.
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After you have completed the Petition (and possibly also the Financial Statement and/or Property
Statement), you may choose to apply for an interim order. To prepare the court application for an
interim order, you must complete the Notice of Application and the Affidavit. If your application
is for an interim order deals with children, then you will have to prepare the Notice to Attend
Parenting Education Program.
You can fill out the forms in pen, or complete these forms electronically by typing your
information into the form templates included. The documents must be neat so that the Court and
the Respondent can read them.
Whether you are preparing these forms electronically, or if you are preparing these forms by hand
on paper, you should keep an original, unused copy of the forms. This way, if you make any
mistakes, you will be able to start over without having to obtain new form templates from our
office.
All of your documents will have the same heading at the top of the first page. You will insert your
name as the Petitioner, the other person will be the Respondent, and the Judicial Centre will be the
city where you are filing your documents. You will not have a court file number until you file your
Petition. Leave this field blank on your court forms for now.
What do I put in each of the documents?
Let’s go through these documents one at a time. You should keep in mind that these documents
will take you a lot of time to complete. You will probably not be able to complete these documents
in one sitting. Read the instructions carefully and do your best. Please remember that the court
staff cannot complete these documents for you.
For any questions, you can contact:
Family Law Information Centre
(306) 787-5837 or 1-888-218-2822 (extension 2)
Room 323, 3085 Albert Street
Regina, SK S4S 0B1
The staff at the Family Law Information Centre cannot give you legal advice or appear in court
for you. Before you contact them, read this kit carefully from beginning to end. Remember, neither
they nor the court staff can fill out this kit for you.
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III. Completing the Forms
A) Petition
A Petition is a document which opens a court file at the Court of Queen’s Bench. It outlines all the
issues which may possibly need to be dealt with. If either party has previously filed a Petition with
the Court of Queen’s Bench, then you do not need to prepare a new Petition. If you already have
an existing court file opened, and you can apply for an interim order using other forms in this
package.
Find the Petition document in this kit. Complete the top of the first page of the Petition, leaving
the court file number blank for now. When you file the Petition with the Court, they will give you
a file number. You are the Petitioner and the other party is the Respondent. The section that is
titled Notice to Respondent is the information that the Respondent needs to review when served
with your Petition. You do not need to add anything here.
Once you have completed the Petition, the Local Registrar at the Court of Queen’s Bench will sign
and seal the bottom of the second page of the Petition, and give you a file number to include on
the top of the first page.
A) CLAIM
In this section of the Petition, you must tell the court what remedy you are asking for. A Petition can start court proceedings where a variety of different matters can be dealt with. If you are married, then you will be selecting claims for custody, access, child support and/or spousal support from the choices under the Divorce Act. If you think you might be asking the court for a divorce at some later date, you will check off the divorce option here. This does not mean that you are asking for the divorce to be finalized now, but instead that you might be asking for a divorce at a later date.
If you are not married to the Respondent, then you will choose custody and access options under
The Children's Law Act, 1997 and child support and spousal support options under The Family
Maintenance Act, 1997
If you have any property to be divided, you will select the options under The Family Property Act,
2001. If you wish to know about your legal rights concerning matrimonial property division, you
should consult a lawyer. If you make a claim for property division, you will need to complete an
additional document called a Property Statement. That form is available in this kit.
All documents must be neat - typed or printed in pen. Any deletions made on Court documents should
be made with a ruler and initialed. If you are preparing the forms electronically, you may be able to
delete the portions of the forms that do not apply. You should save the original documents before making
such modifications.
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If you have any questions regarding the other options for making claims in your Petition, you
should consult a lawyer.
B) REMAINDER OF PETITION
Complete paragraphs 2 to 7 if you are making a claim for divorce. If you are not claiming a
Divorce, then you can delete of the paragraphs and move ahead to paragraph 8. Continue through
the Petition. If there are paragraphs that do not apply to you, you may have the option to check off
the box that indicates this. If not, you will cross out these paragraphs with a ruler, or delete them
if completing the forms electronically.
When you get to Paragraph 29, select the option that applies to you. If you are making a claim for
child support or spousal support, you will likely be required to prepare a financial statement.
You must also complete the address for service at the bottom of the Petition. This is the address
where the Respondent can serve documents on you if necessary. If you move after filing your
Petition, you should update your address with the Court of Queen’s Bench.
Make at least two photocopies of the completed Petition and sign all three copies. Be sure to fill
in the name of the city or town where you signed the Petition and the date on which you signed it.
B) Financial Statement
If your Petition contains a claim for child support or spousal support, you will need to prepare a
financial statement. A form for this document is found in this kit. Look the financial statement
over before you begin filling it out. You may not need to complete all six parts.
Read the instructions on the Financial Statement carefully as you go along.
Start by completing the top of the first page of the Financial Statement in the same way as you did
with the Petition.
For paragraph 1, write in the date at which the information is accurate. Usually you will write the
date that you are preparing the form.
For paragraph 2, check off one of the two options. If you are anticipating any changes to your
financial information, choose the second option and briefly list them.
For Paragraph 3, you will need to select which parts of the Financial Statement you will be
completing. Everyone will need to complete Parts 1 and 2. Read ahead further in these instructions
to determine whether any of Parts 3, 4, 5, or 6 will be required.
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The second page of the Financial Statement only needs to be completed if pursuant to the Indian
Act of Canada that because of your status, your income is tax exempt and you are not required to
file an income tax return, and have therefore not filed an income tax return for the last three years.
Complete Part 1 of the Financial Statement. This is three pages long. Most of the categories on
these three pages will not apply to everyone. It is very common that most people will have blanks
left for most of the categories of income, and the various adjustments. Do not forget to attach the
financial information requested in Section 3 of Part 1. (i.e. personal income tax returns). It is
usually acceptable to attach your Notices of Assessment or Reassessment that is provided to you
after you file your income tax return. In some situations, the court will require a complete copy of
your tax returns as filed with Canada Revenue Agency.
Complete Part 2 of the Financial Statement. This section outlines your annual expenses. Give your
best estimate of each expense for a one year period. You can take your average monthly expense
in a particular category and multiply that amount by 12 to obtain your estimated annual expense.
Not everyone will complete Parts 3, 4, 5, and 6. If you are claiming reimbursement for any child
care expenses, medical/dental expenses, or extracurricular activity expenses, list them in Part 3.
If you are making a claim for an amount of support different from that in the Child Support
Guideline tables because that level of support would cause undue hardship, then complete Parts 4
and 5. In some situations, the amount of child support set in the child support tables, combined
with other circumstances, could create undue hardship for you, for the other parent, or for a child.
In those situations, a different child support amount could be determined.
Part 6 is not required, unless ordered by a judge, or unless you wish to show your assets and debts
to the judge to submit this further evidence to establish your financial situation.
Any parts that are not applicable can be removed from the kit prior to filing the Financial
Statement.
Now, when the form is completely finished, you will need to sign the first page of your financial
statement in front of a Commissioner for Oaths who will ask you to swear or attest to the truth of
the information you have provided in the financial statement. The Commissioner for Oaths will
fill in the section to the left of the space for your signature.
DO NOT sign the document yet. When the form is completely finished, you will need to
sign your financial statement in front of a Commissioner for Oaths who will ask you to
swear or attest to the truth of the information you have provided in the financial
statement. The Commissioner for Oaths will fill in the section to the left of the space for
your signature.
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Some of the staff at the Local Registrar=s Office are Commissioners for Oaths and you may swear
or affirm your completed affidavit before them. This service is free. Remember to bring photo ID
for this service.
C) Property Statement
A form for this document is attached to the back of this kit. Read the instructions on the Property
Statement carefully as you go along.
On the first page, you will complete the top portion as you have completed previous documents.
Leave the file number in the top right corner blank. The Local Registrar at the court will give you
a file number when you file the Petition.
The Property Statement deals with any property and debts that are held by either party. If either of
you held the property or debt as of the date of marriage or when cohabitation started, they will be
listed in Part III and Part IV.
Complete this form to the best of your ability. Not everything in this Part will apply to you. If there
is a section that does not apply, you can leave it blank.
It is very important to try to include all assets and liabilities of which you are aware. It does not
matter whether the asset or liability is in your name or the Respondent’s name. You should include
everything in one of the categories in the Property Statement.
If during the course of the proceeding you find out that the information in your Property Statement
is incorrect or incomplete, or there is a material change in the information provided, you MUST
serve on the Respondent and file with the Court the correct information, or a new Property
Statement containing the correct information, together with any documents that back up that
information.
Do not sign the first page of the Property Statement yet. When the document is completed, you
will have to sign your Property Statement in front of a Commissioner for Oaths who will ask
you to swear or attest to the truth of the information you have provided in the Property
Statement.
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What next?
You will now need to go to the Court of Queen’s Bench nearest to you to have your
Petition issued (filed). A list of all court locations is provided in this kit. The local
registrar at the court will require:
a) a filing fee of $200, (or $300 if you are also claiming Divorce);
(payable by cash or bank draft only)
b) three copies of your Petition;
c) three copies of your Financial Statement (if you are claiming child or spousal
support);
d) three copies of your Property Statement (if you are claiming property division);
e) your marriage certificate (if you claiming Divorce).
The local registrar will file one copy of your Petition (and marriage certificate, Financial
Statement and/or Property Statement, if applicable) and will give you a court file number.
This number will be required on all future court documents you prepare. Once you have
had your Petition issued, and your Financial and/or Property Statements filed, you can
continue with the remaining documents.
C) Notice of Application
A Notice of Application is a document that lets the court and the Respondent know what
kind of court order you are seeking. It also sets the date and time when you will be heard
by the judge. This form can be found later in this kit.
Do I have to sign my Financial and Property Statement in front of a witness?
You must sign your Financial and Property Statements in front of a Commissioner for Oaths.
Before you sign your Financial and Property Statements in front of a Commissioner for Oaths,
the Commissioner for Oaths will ask you whether or not you swear or affirm the contents of
your Financial and Property Statements to be true. The court staff are Commissioners for Oaths
and you may swear your completed affidavit in front of them. This service is free.
Any lawyer can also be a Commissioner for Oaths. You can also find Commissioners for Oaths
in some businesses like banks, insurance agencies, and law offices. You will likely have to pay
for this service.
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At the top of the Notice of Application is the same heading that you will complete again.
You will need to fill in your court file number, which can be found on your Petition, the
Judicial Centre, and the names of the parties.
Next, you will have to indicate the address of the court house so that the Respondent will
know where to attend court and then you will have to select your court date and time. The
times and dates of your hearing will depend on your Judicial Centre. Chambers is held on
different days and at different times in each Judicial Centre. You will need to call the court
staff at your Judicial Centre to determine when Chambers is held, or find the available
dates here: http://www.sasklawcourts.ca/index.php/home/court-of-queen-s-bench/court-
locations-and-sitting-times.
Addresses and telephone numbers for different judicial centres are included in this kit.
Once you know the time and day of the week that Chambers is held, you can pick any date
that you want as long as you follow the “Notice” rules.
If you wish to request an interim support order, there must be at least 37 days between the
date the Respondent receives your documents and the actual court date. You will need to
think about how long it will take you to get the documents you prepared to the Respondent
before picking your court date. Remember, 37 days is a minimum. You can provide the
Respondent with more than 37 days’ notice if you like.
If you are not making a request for an interim support order, and only looking for a custody
or access order or some other order, there must be at least 14 days between the date of
service and the court date. Remember, 14 days is a minimum. You can choose to provide
the Respondent with more than 14 days’ notice.
In the “Remedy Sought” section of the Notice of Application form, you are letting the court
know what you are seeking. Fill in the sections pertaining to the orders you are requesting.
Cross out or delete the sections that do not apply to you. There is a paragraph that is listed
as “Other”. This allows you to apply for some other specific court order that does not fall
into one of the other general categories.
In the “Ground for Claim” section, you must indicate the law that you are using to apply
for the order you are seeking. If you are married to the Respondent, you can select options
under the Divorce Act. If you are not married to the Respondent, then you cannot use the
Divorce Act, and you will check off the boxes corresponding to various other pieces of
provincial legislation. This should correspond to the claims that you made in your Petition.
Under the heading “Other”, we have provided several other grounds for making various
different orders. If you are asking for any of these orders, you will have to include them
under “Other” in the “Remedy Sought” section. It is possible to make other requests for
other orders that are not listed in this kit. You can read through various laws and the Rules
of Court to find out these options:
Children’s Law Act: http://www.publications.gov.sk.ca/details.cfm?p=462
Family Maintenance Act: http://www.publications.gov.sk.ca/details.cfm?p=534
Family Property Act: http://www.publications.gov.sk.ca/details.cfm?p=535
Divorce Act: http://laws.justice.gc.ca/PDF/D-3.4.pdf
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Queen’s Bench Act: http://www.publications.gov.sk.ca/details.cfm?p=807
Rules of Court: http://www.publications.gov.sk.ca/details.cfm?p=73108
The commonly requested orders that we have included under other are:
a) Declaration of Parentage pursuant to s. 43(4) of The Children’s Law Act
b) Leave to pursue paternity testing pursuant to s. 48 of The Children’s Law Act
c) Exclusive possession of the family home, pursuant to s.5 of The Family Property Act
d) Custody/Access Assessment, pursuant to s.97 of The Queen’s Bench Act
A declaration of parentage will allow a party to be added to a birth certificate, if they are
not currently listed there.
Paternity testing may be required to establish parentage.
An order for exclusive possession of the family home will restrict the Respondent from
being in the family home while the property issues are being decided.
A custody and access assessment can be ordered to help the judge decide the best parenting
arrangements for children. The assessment is conducted by a qualified social worker. The
social worker does not work for either party, but instead is tasked with reporting on the
best interests of the children. A type of report called a Children's Voices Report can also
be ordered by a judge. The Report focuses on older children (age 12+) where a judge wishes
to know what the child is saying and thinking.
D) Affidavit
The next court document that you need to complete is called an affidavit. The affidavit is
the document that contains written facts that you swear are true. These are facts supporting
your request for a court order for custody, access, and/or support. You can find this form
later in this kit.
The facts in the affidavit are set out in a series of numbered paragraphs. Each paragraph
should contain sentences about a single topic. The affidavit is clearer and easier for the
judge to read if each paragraph contains a single topic. This will also make it easier to
present your case in court, as you will be able to refer to specific paragraphs in your
argument.
What information do I include in my affidavit?
Your Affidavit is very important. This is how the court receives factual evidence from
you. You will not be permitted to present any facts at the hearing that are not included
in your affidavit, and filed with the court ahead of time.
17
Your affidavit can only include facts that you personally know to be true. In your affidavit,
you can state what the Respondent has told you. However, you should not include
information that has been told to you by someone else. In special circumstances, you can
state what you learned from someone else if you say in your affidavit: who told you; that
you believe the information is true; and why you need to use the information learned from
someone else. It is a better idea to ask that person to complete his/her own affidavit. You
can provide more than one affidavit to the court. That is, you can provide an affidavit and
you can gather affidavits from other individuals who you believe have information that
would be important for the court to know. Remember, an affidavit must be sworn. Your
affidavit can generally be as long and contain as much detail as you want. However, you
should keep in mind that the judge will likely be preparing to hear many court applications
on the same date that you have chosen as your court date. You should only include facts
and details that relate to what you are asking the court to give you. That is, you should only
provide the court with relevant information.
At Rule 15-20 in the Rules of Court, it states what type of information can be included in
affidavits. You can find the Rules of Court here:
http://www.publications.gov.sk.ca/details.cfm?p=73108
If your affidavit contains improper information, those portions can be struck out. Further
to this, double costs can be awarded against you.
Your affidavit should include, at minimum, facts that outline the history of the events
leading up to the court application. If you lived together previously, this can include events
that occurred while you were living together and, after the separation. Remember, if you
do not include information in your affidavit, you cannot bring it up in court.
You should know that when granting a custody or access order, the judge will only take
into consideration the best interests of the child. The judge will be looking at such things
as:
The quality of the relationship that the child has each party;
The personality, character and emotional needs of the child;
The ability to care for the child during the times that the child is in your care
The wishes of the child, to the extent the judge considers appropriate, keeping in mind
the age and maturity of the child; and
The best interests of the child by reference to the condition, means, needs and other
circumstances of the child.
The judge will not consider the past behaviour of you, the Respondent, or any other
individual unless the behaviour impacts on their ability to care for the child during the
times that the child is in their care.
You should think carefully about what kind of information the judge would need in
order to assess the situation properly.
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How do I include documents in the affidavit?
You may have documents that you would like the court to see. For example, a copy of
your child’s school report card, a report from your counselor, or a letter from your employer
outlining your estimated overtime for the next year. You can attach this type of document
to your affidavit. The document will be known as an “exhibit”. There are special rules for
exhibits.
In the body of the affidavit, you must state that a document is attached to the affidavit as
an exhibit. Each exhibit is labeled with a letter of the alphabet. The first exhibit attached is
called “Exhibit A”, the next exhibit is “Exhibit B”, the next exhibit is “Exhibit C”, and so
on. For example:
“Attached to my affidavit and marked as exhibit “A” is a copy of my daughter,
Samantha’s Grade 4 report card from Connaught School”.
There is a stamp that is used to label the actual document that is being attached as an
exhibit. Most commissioners for oaths (lawyers, notaries, court staff) will have access to
such a stamp.
E) Notice to Attend Parenting Education Program
Find the form called “Notice to Attend Parenting Education Program” in this kit. You will
fill this form out in order to ask the Respondent to show you and the court that they have
attended the mandatory parenting after separation and divorce course before starting a court
application related to children.
The Respondent (and you) must prove to the judge who hears your court application that
you have attended the course within the last two years. You will receive a certificate of
completion from Family Justice Services which you must file with the court. You must
also notify the Respondent that they will have to take the course as well.
Do I have to sign my affidavit and find someone to witness my signature?
Yes. You must sign your affidavit in front of a Commissioner for Oaths. Before you
sign your affidavit in front of a Commissioner for Oaths, the Commissioner for Oaths
will ask you whether or not you swear or affirm the contents of your affidavit to be true.
The court staff are Commissioners for Oaths and you may swear your completed
affidavit in front of them. This service is free. You can also find Commissioners for
Oaths in the yellow pages of the telephone book and in some businesses like banks,
insurance agencies, and law offices. You will likely have to pay for this service.
Do not forget to point out exhibits to the Commissioner for Oaths. They will have to
stamp and sign the documents.
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F) Notice to File Income Information
Find the form called “Notice to File Income Information” in this kit. If you are requesting
a support order, you will fill this form out in order to ask the Respondent to provide the
necessary income information to be used to determine the amount of support.
IV. Serving Documents
Once you have completed some combination of the forms in this kit, and your Petition has
been issued by the court, you will need to “serve” all of the documents you have prepared.
This means that you have to give a copy of all of the documents to the Respondent. (You
must give a second copy of all of the documents to the court. You should keep a third copy
of all of the documents for your records.)
A Petition for Divorce can be served by anyone other than the Petitioner. Other
documents can be served by the Petitioner, but it is often better to have someone else
serve the documents on the Respondent. The person “serving” the documents should
hand the documents to the Respondent. If the other parent will not accept the documents,
the person should set the documents down in front of them verbally advise them of the
type of document being served.
You can give or “serve” the documents on the Respondent in a number of ways:
You can hire a professional process server. The names of process servers are listed
in the yellow pages of the telephone book. They will charge you a fee.
You can ask any other adult to give the documents to the Respondent. This person
must know or be able to identify the other parent or obtain proof of identification
from the other parent. You can use a friend or family member to do this.
You can have the Sheriff serve the documents. Sheriffs are available at any Queen’s
Bench Court. You will be charged a fee for this service. You can find the Sheriff in
the blue pages of the telephone book under “Courts”.
Are there any time limits for serving documents?
When you serve the documents on the Respondent, if the court application is for custody
and/or access, then you must have them served at least 14 days before the court date.
If the Application deals with child support or spousal support, then the Respondent must
be served at least 37 days before the court date.
20
Please also note that your Petition must be served within 6 months of being issued by the
courts.
Do I have to prove to the court that the documents were served on the Respondent?
Yes. The judge will need to know that the Respondent has received a copy of all of your
documents before hearing your application. The person who served your documents on
the Respondent must sign the Affidavit of Service in front of a Commissioner for Oaths.
An “Affidavit of Service” form is included in this kit.
What do I do after the documents have been served on the other Respondent?
Once you have served the first copy of all of your documents on the Respondent, you must
file the second copy with the court. You must “file” or give the court a copy of all of your
documents plus the affidavit of service. You do not need to re-file your Petition and
Financial Statement, as you have already done so. You must file all of the documents with
the court staff between 10:00am and 4:00 p.m. You must file all of the documents with
the court at least 14 days before the court date. (You can file them earlier if you wish.)
You will be charged a $ 20 fee for filing your Notice of Application. This is payable by
cash or bank draft only.
If applicable, do not forget to file proof of your attendance at the Parenting after Separation
and Divorce course, once you receive your completion certificate.
V. What can I expect from the Respondent?
Will I receive any documents from the other parent? What do I do with them?
Once the Respondent reads the documents you have served on them, they will likely
respond. The Respondent may serve you with an affidavit. In that affidavit, you may find
that the Respondent has brought up new facts with which you disagree. You can prepare,
serve, and file a second affidavit responding ONLY to any new matters that the Respondent
has raised in their affidavit. You must file and serve your reply affidavit at least two “clear”
days (i.e. three days) before the court date. You can use the affidavit template in this kit to
generate a second affidavit.
What if the Respondent serves me with a Notice of Application?
Along with an affidavit, the Respondent may serve you with a Notice of Application. This
kit does not tell you how to respond to the other parent’s Notice of Application. The
Respondent’s documents will give you some indication regarding what you must do to
respond. When in doubt, you should refer to the Court of Queen’s Bench Rules of
Saskatchewan or talk to a lawyer.
21
What if the Respondent agrees with what I am requesting in my Notice of Application?
You and the Respondent may have talked about the issues covered in the package If at
any time, you and the Respondent are able to agree on the issues, you and the Respondent
can attend court on the date you have selected, and when the court clerk asks if there are
any consent orders, you can both approach the judge and indicate that you both agree to
the terms of an order that you would like the judge to grant.
What if the Respondent needs more time to prepare their response?
The Respondent or their lawyer may contact you to ask for an adjournment. This means
that they would like the court date to be postponed. This can be because they require
additional time to prepare their response, or the court date does not work with their
schedule, or that they want to try to settle the matter outside of court.
Most requests for adjournments are granted. Whether you are willing to agree with the
request for an adjournment or not, it is helpful to review the attached practice directive
from the court that deals with adjournments:
http://www.sasklawcourts.ca/images/documents/Queens_Bench/QB_GAPD_7.pdf
What if the Respondent’s affidavit does not comply with the Rules of Court?
The Respondent may have prepared an affidavit(s) that does not comply with the Rules of
Court. You have the choice whether to verbally address this matter on the court date, or
you can file a formal objection to the material that contravenes the Rules.
It is not mandatory to file the formal objection, but if you choose to do so, the following
practice directive may assist you:
http://www.qp.gov.sk.ca/documents/english/QBPracticeDirectives/PD11.pdf
22
VI. Do I actually need to go to court?
What do I do when I get there?
You must go to court at the time and on the date that you chose in your Notice of
Application. You should arrive at the court house fifteen minutes early. When you arrive
at the court house, ask a member of the court staff in the Local Registrar’s office to give
you directions to the room where your application will be heard. The court staff will post
a list of the cases that the judge will be hearing on that day or the list will be in the room.
Find your case on this list. The judge will probably be hearing most cases on the list. You
may have to wait only a few minutes or you may have to wait several hours before your
application is heard.
If you do not attend court, your application will be “struck” or thrown out of court and you
will have to do all the work again.
When you walk into the room where your application will be heard, you will see a person
sitting beside, or in front of, the judge’s chair. This person is the court clerk. Get in line to
speak with the court clerk. You will need to tell the court clerk who you are and they will
make a note that you are present in court. After you have talked to the court clerk, you can
sit down.
When the judge calls out the name of your case, stand up. There will be a table at the front
of the court room. You can stand there and place your notes on the table or podium.
Since you are the Applicant, you will speak first. Stand up whenever you are asked to
speak. Tell the judge your name and that you are representing yourself. You should call a
male judge “my lord”, and a female judge “my lady”. Tell the judge in clear and simple
words what your Notice of Application is about. Remember, you should have a copy of
all of the documents you have filed in court with you.
You can only talk about information already written in your affidavit. You cannot bring
up new information unless you are specifically asked to do so by the judge.
You should have prepared what you want to say to the judge in advance. If you have written
out what you want to say in point form, you will not forget to say something that you
believe is important. If the judge asks you any questions, answer clearly, honestly and as
best you can. Do not interrupt the judge when they are talking. Always be polite.
Make careful notes of what the judge says. You may have to prepare a document called an
“Order” for the court to sign after your application is over. You should note the judge’s
response to each thing that you have asked for in your Notice of Application.
After you have presented your case, the Respondent, or their lawyer, takes their turn. When
they are finished, you will be able to reply to any new matters they have raised.
23
When the Respondent or their lawyer is speaking, do not interrupt if you disagree with
what is said. If you spoke first, you will have a chance to respond afterwards. It is a good
idea to write a note about what you disagree with, so that you will remember to speak up
when you have a chance to respond.
At the end of the hearing, the judge will either:
a) adjourn your application;
b) reserve judgment; or
c) make an order.
If your hearing is “adjourned” that means it is postponed to a later date. The judge may do
this if either party requests one, or if further evidence is required, or in any other
circumstances the judge considers appropriate.
If the judge “reserves” judgment, it means that the judge needs more time to think about
everyone’s evidence. The judge will make a decision at a later date. A judge can take as
long as they wish to make the decision. The court staff will contact you when the decision
is made. Make sure the court staff knows how to reach you.
The judge may make an order on the spot. Remember, you should make notes on what the
judge is saying.
If the judge believes that a decision cannot be made on evidence presented, then the judge
can order that the matter proceed to a pre-trial conference at a future date. A pre-trial
conference is the first step towards a trial. (The pre-trial conference is not a trial. The trial
will be held at a later date.) At a pre-trial conference, you and the Respondent will sit down
with a judge to discuss the possibility of reaching a settlement. If you do not reach a
settlement at the pre-trial conference, a trial may be scheduled. If a pretrial conference or
a trial is scheduled, it is strongly recommended that you see a lawyer for help.
VII. What do I do after I’ve been to court?
After you have been to court, you will have to prepare the court’s order. Once the decision
has been made, ask the court staff to show you the judge’s “fiat”. The fiat is the record of
what the judge decided. Contact the Family Law Information Centre at 1-888-218-2822
(extension 2) for an additional self-help kit to help prepare your court order.
After you have prepared the order, make at least three copies. Take all three copies to the
court staff so that they can “issue” the order. You will be charged a $20 fee to issue the
order, payable by cash only. The court staff will compare your order with the judge’s fiat.
If you have made any mistakes, the court staff will ask you to correct them.
Once the order is issued, the court will keep one copy, you should keep one copy for your
records and you must give the remaining copy to the Respondent.
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VIII. What if I have questions when I am using this kit?
For any questions, you can contact:
Family Law Information Centre
(306) 787-5837 or 1-888-218-2822 (extension 2)
Room 323, 3085 Albert Street
Regina, SK S4S 0B1
The staff at the Family Law Information Centre cannot give you legal advice or appear in
court for you. Before you contact them, read this kit carefully from beginning to end.
Remember, neither they nor the court staff can fill out this kit for you.
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CHECKLIST
☐ read through the instructions for this kit
☐ if you will be making an application for an interim order for child support, custody, or
access, then register for Parenting After Separation and Divorce course (you will have to
attend the course before the court date selected in your Notice of Application)
☐ obtain Marriage Certificate from Vital Statistics (if claiming Divorce)
☐ complete these documents:
Petition
Financial Statement (if applicable)
Property Statement (if applicable)
☐ Take the following to a Court of Queen’s Bench (addresses can be found on the next
page)
a) a filing fee of $200 (or $300 if you are requesting a divorce);
b) three copies of your Petition;
c) three copies of your Financial Statement and/or Property Statement (if
applicable);
d) your marriage certificate (if applicable).
☐ complete these documents:
a) Notice of Application;
b) Affidavit (sign in front of Commissioner for Oaths);
c) Notice to Attend Parenting Education Program (if applicable);
d) Notice to File Income Information (if requesting support).
☐ serve one complete set of documents on Respondent at least 14 days before court date
(custody or access) or at least 37 days before the court date (support application)
☐ Document server must sign Affidavit of Service in front of Commissioner for Oaths
☐ file Notice of Application ($20 Filing fee), Affidavit, Notice to Attend Parenting Education
Program, Notice to File Income Information at court at least 7 days before court date
along with:
Affidavit of Service
Certificate of attendance at Parenting After Separation and Divorce course
☐ If served with an Affidavit from the Respondent, you may choose to prepare, serve, and
file a reply to Respondent’s affidavit, at least two “clear” days before court date
☐ attend court on your court date
☐ Obtain kit from Family Law Information Centre to prepare order
26
JUDICIAL CENTRES IN SASKATCHEWAN
http://www.sasklawcourts.ca/index.php/home/court-of-queen-s-bench/court-
locations-and-sitting-times
Battleford
Box 340,291-23rd Street West
Battleford, Saskatchewan, S0M 0E0
Tel: (306) 446-7675
Fax: (306) 446-7737
Estevan
1016 – 4th Street
Estevan, Saskatchewan, S4A 0W5
Tel: (306) 637-4527
Fax: (306) 637-4536
Melfort
Box 6500, 409 Main Street
Melfort, Saskatchewan, S0E 1A0
Tel: (306) 752-6265
Fax: (306) 752-6264
Moose Jaw
64 Ominica Street West
Moose Jaw, Saskatchewan, S6H 1W9
Tel: (306) 694-3602
Fax: (306) 694-3056
Prince Albert
1800 Central Avenue
Prince Albert, Saskatchewan, S6V 4W7
Tel: (306) 953-3200
Fax: (306) 953-3210
Regina
2425 Victoria Avenue
Regina, Saskatchewan
S4P 3V7
Tel: (306) 787-5377
Fax: (306) 787-7217
Saskatoon
520 Spadina Crescent East
Saskatoon, SK
S7K 3G7
Tel: (306) 933-5174
Fax: (306) 975-4818
Swift Current
121 Lorne Street West
Swift Current, Saskatchewan
S9H 0J4
Tel: (306) 778-8400
Fax: (306) 778-8581
Yorkton
29 Darlington Street East
Yorkton, Saskatchewan
S3N 0C2
Tel: (306) 786-1515
Fax: (306) 786-1521
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Form 15-6
COURT FILE NUMBER ___ ______ of 20__ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)
JUDICIAL CENTRE _____________________
PETITIONER _____________________ RESPONDENT _____________________
PETITION
NOTICE TO RESPONDENT
A LEGAL PROCEEDING HAS BEEN STARTED AGAINST YOU IN THIS COURT. The details of the claim made against you are set out in the following pages. YOU WILL NOT RECEIVE FURTHER NOTICE OF THIS CLAIM. IF YOU DO NOT PROVIDE A RESPONSE, JUDGMENT MAY BE GRANTED WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DISPUTE ANY OF THE CLAIMS, OR IF YOU WISH TO MAKE ANY CLAIM YOURSELF, either you or a lawyer must prepare an Answer in Form 15-14A or an Answer and Counter-petition in Form 15-15, serve a copy on the petitioner or the Petitioner’s lawyer at the address for service given in the Petition, and file it, with proof of service, in this Court:
(a) WITHIN 30 DAYS after this Petition is served on you, if you are served in Canada or in the United States; or
(b) WITHIN 60 DAYS after this Petition is served on you if you are served outside
Canada or the United States. Before serving and filing an Answer, you may serve and file a Notice of Intent to Answer in Form 15-14B. This will entitle you to 10 more days within which to serve and file your Answer. If this Petition contains a claim for support, YOU MUST SERVE AND FILE A FINANCIAL STATEMENT in Form 15-26A within the time set out above for serving and filing your Answer, whether or not you wish to file an Answer. If you have been served with a claim for child support, and you do not comply with this notice or the Notice to File Income Information, also served on you, THE COURT MAY IMPUTE INCOME TO YOU AND MAY DETERMINE THE AMOUNT OF CHILD SUPPORT PAYABLE ON THE BASIS OF THAT IMPUTED INCOME. If you have been served with a claim for child support or if you intend to make a claim for child support in your Answer, please consult the Federal Child Support Guidelines.
Clerk's Stamp
28
If this Petition contains a property claim, YOU MUST SERVE AND FILE A PROPERTY STATEMENT in Form 15-26B within the time set out above for serving and filing your answer, whether or not you wish to file an Answer. If you have also been served with an Originating Application, YOU OR YOUR LAWYER SHOULD SERVE AND FILE YOUR AFFIDAVITS IN RESPONSE TO THE APPLICATION 7 DAYS BEFORE THEDATE SET FOR HEARING THE APPLICATION, and come to Court for the application on the date set. If you do not oppose or dispute the Petition, but wish to be informed of subsequent steps in the proceeding, you may serve and file a Demand for Notice in Form 15-16; after that notice of all subsequent pleadings or proceedings shall be served on you. IF YOU FAIL TO SERVE AND FILE AN ANSWER, A JUDGMENT MAY BE GRANTED IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU ON ANY CLAIM IN THIS PETITION, INCLUDING DISSOLUTION OF YOUR MARRIAGE AND DIVISION OF YOUR PROPERTY. IF THE PETITION SEEKS A DIVORCE, NEITHER SPOUSE IS FREE TO REMARRY until a judgment of divorce takes effect. This Petition is to be served within 6 months from the date on which it is issued, unless ordered otherwise. This Petition is issued at , Saskatchewan, the day of
., 201
_____________________________
(Local) Registrar
Legal Seal
29
TO THIS HONOURABLE COURT: CLAIM 1 I ask this Honourable Court for the following remedy:
(a)☐ Divorce Act (Canada)
☐ Divorce
☐ Custody
☐ Access
☐ Spousal Support for myself in the amount of $ per month
☐ Child Support for children in an amount determined in accordance with
the Federal Child Support Guidelines
☐ Child Support for children in the amount of $ per month
(if different from table amount under the Federal Child Support Guidelines)
(b) ☐ The Family Property Act
☐ Exclusive possession of family home
☐ Division of family home: ☐ equal ☐ unequal
☐ Division of family property: ☐ equal ☐ unequal
(c) ☐ The Children’s Law Act, 1997
☐ Custody
☐ Access
☐ Guardianship over children’s property
☐ Declaration of parentage
☐ Other (specify)
(d) ☐ The Family Maintenance Act, 1997
☐ Maintenance for myself in the amount of $ per month
☐ Maintenance for children in an amount determined in accordance with
the Federal Child Support Guidelines
☐ Maintenance for children in the amount of $ per month
☐ Other (specify)
(e) ☐ Judicial separation under The Queen’s Bench Act, 1998
(f) ☐ Nullity of marriage
(g) ☐ Relief under The Dependants’ Relief Act, 1996
(h) ☐ Relief between the persons who have lived together as spouses
☐ Interest in property
☐ Monetary compensation
☐ Other (specify)
(i) ☐ Other (Specify Act if any)
(j) ☐ Costs (Specify particulars of the amount and basis for the claim.)
30
IN THE CIRCUMSTANCES set out below:
PARTICULARS OF MARRIAGE BREAKDOWN:
2 ☐ A certificate of the marriage or registration of the marriage has been filed
with the Court. or
☐ An undertaking to file the certificate of marriage or of registration of the
marriage with the Court by has been filed with the Court. or
☐ It is impossible or impractical to obtain a certificate of the marriage or of
registration of the marriage and application has been made for an order dispensing with production of the certificate
3 There has been a breakdown of the marriage by reason of:
☐ Section 8(2)(a) of the Divorce Act – separation
☐ Other ________________________________
4 The facts on which my petition for divorce is based are:
The Petitioner and the Respondent have lived separate and apart since on or
about the ______ day of ., 20 , and at the commencement
of this proceeding, continue to live separate and apart. 5 The following efforts to reconcile have been made: 6 It is no longer possible for me to reconcile or resume cohabitation with my
spouse. COLLUSION, CONDONATION AND CONNIVANCE: 7 I have truthfully set out the facts establishing the breakdown of my marriage and I
have not entered into any agreement, understanding or arrangement to make up or hide evidence or to deceive the Court.
MEDIATION: 8 The mediation facilities utilized to negotiate matters pertaining to support or
custody are as follows: ____________________________________
PARTICULARS OF PROPERTY CLAIM: 9 At the date of issue of this petition the respondent and I owned or held an interest
in real and personal property either separately or jointly.
10 ☐ I am not making a claim for a division of family property.
☐ I am entitled to an equal distribution of the family home and family property.
☐ My grounds for claiming that an equal distribution of the family home and/or
the family property would be unfair and inequitable are as follows:
_______________________________________________
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PARTICULARS OF RELATIONSHIP:
11 The respondent and I were married on (date) at
(place) ________________________________
12 I ceased to cohabit with the respondent on or about (date) _____________________
PARTICULARS OF PARTIES:
13 My surname at birth: __________________________________________
14 My surname immediately before marriage: ____________________________
15 My marital status at time of marriage: (never married, divorced or widowed) _________
16 I was born: (date) ____________
17 The respondent’s surname at birth: ___________________ 18 The respondent’s surname immediately before marriage: ________________ 19 The marital status of respondent at time of marriage: _____________________
20 The respondent was born: (date) ________________________
RESIDENCE:
21 My address is: _______________________________________________
22 The respondent’s address is: ______________________________________
23 I have been ordinarily resident in Saskatchewan since: (date) __________________
The respondent has been ordinarily resident in Saskatchewan since: (date) _________
CHILDREN:
24 ☐ There are no children of the respondent or myself who are in the custody or care
of either of us. Or
☐ The names, dates of birth and place of residence of all children of the respondent
and I who are in the custody or care of either of us are:
Names of Children Dates of Birth Living With…
__________
__________
__________
__________
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24A The children with respect to whom remedy is claimed are:
Names of Children Dates of Birth Living With…
__________
__________
__________
__________
I am claiming no remedy with respect to the following children:
Names of Children Dates of Birth Living With…
__________
__________
__________
__________
Because: ____________________________________________________
24B The particulars of the current custody and access arrangements of the children are as
follows:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ which is satisfactory (or unsatisfactory) for the following reasons:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________
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24C I claim ☐ sole custody ☐ joint custody
of the following children on the following terms:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ and/or
I agree that the Respondent have an order for ☐ sole custody ☐ joint custody
of the following children:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
24D I propose to permit access to the following children on the following terms: (Specify times
and length of access)
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
and/or I claim access to the following children: (Specify times and length of access)
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
24E The proposed arrangement for custody and access is in the best interest of the children
for the following reasons:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
24F The following changes of circumstances of myself or the respondent are expected to
affect the children, their custody and access, in the future:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________
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24G The nature of my relationship to and interest in the children is as follows: (e.g. mother,
father, step-parent, grandparent)
___________________________________________________________ 24H The nature of the respondent’s relationship to and interest in the children is as follows:
(e.g. mother, father, step-parent, grandparent)
___________________________________________________________ 24I Other than the respondent and myself, the following persons may have an interest in the
custody of or access to, or may have an obligation to support, the children: (State name, address and relationship to children)
___________________________________________________________ 24J The existing financial arrangements for the support of the children are as follows:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
24K I propose that the financial arrangements for the support of the children, having regard to
the remedy claimed, should be as follows:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
24L (If the amount claimed is different than the table amount under the Federal Child Support
Guidelines.) I am claiming child support in an amount different from the table amount determined under the Federal Child Support Guidelines due to:
☐ Child 18 or over
☐ Income over $150,000
☐ Split custody
☐ Shared custody
☐ Payor standing in place of a parent
☐ Undue hardship, as set out in Part 4 of my Financial Statement;
☐ Extraordinary expenses, set out in Part 3 of my Financial Statement.
The facts to substantiate the proposed terms of child support are as follows:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
35
SPOUSAL SUPPORT:
25 ☐ I am not making a claim for spousal support.
☐ The facts to substantiate the proposed support for myself are as follows: (Make
reference to your conditions, means, needs, and other circumstances.)
___________________________________________________________ ___________________________________________________________ ___________________________________________________________
PROCEEDINGS AND AGREEMENTS: 26 The particulars and status of all other legal proceedings instituted between myself and
the respondent with reference to the marriage, cohabitation, custody, support, maintenance or division of property are:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________
26A The particulars and status of all other civil and criminal legal proceedings, past or
ongoing, that may be relevant to the safety, security or well-being of the children are:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
27 The dates of any written or oral separation or financial or custody agreements between myself and the respondent are: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
The agreement pertains to:
☐ custody of the children ☐ spousal support
☐ access to the children ☐ division of property
☐ child support ☐ other (specify)
28 The particulars of any other orders or agreements relating to any child (not from this relationship) that are in the custody or care of either the respondent or I are:
___________________________________________________________ ___________________________________________________________
28A The particulars and status of all other legal proceedings that have resulted in an existing
order, recognizance or undertaking that restricts contact or communication between the respondent and me, or any other members of our respective households, are: (include date and terms of order, recognizance or undertaking)
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
36
FINANCIAL INFORMATION:
29 ☐ My Financial Statement in Form 15-26A is filed in this proceeding.
☐ My Financial Statement in Form 15-26A is NOT filed in this proceeding.
30 (a) My occupation is: _____________________________________________
(b) My place of employment is: ______________________________________
(c) My current annual income from all sources is estimated to be $. ______________
31 (a) The respondent’s occupation is: ___________________________________
(b) The respondent’s place of employment is: ____________________________
(c) The respondent’s current annual income from all sources is estimated $ _________
DATED at , Saskatchewan, this day of ., 201 ______________________________________
(signature of petitioner)
CONTACT INFORMATION AND ADDRESS FOR SERVICE Address for service and contact information of party filing this document: Name of party: Address for service: (set out the street address) Telephone number: Fax number (if any): E-mail address (if any):
37
Form 15-26A
COURT FILE NUMBER ___ ______ of 20__ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION) JUDICIAL CENTRE ______________________ PETITIONER ______________________ RESPONDENT
FINANCIAL STATEMENT OF
I, , of , Saskatchewan, swear or affirm that:
1. The information set out in this financial statement is true and complete to the best
of my knowledge and belief, and sets out my financial situation as of:
2. ☐ I do not anticipate any significant changes in the information set out in this
financial statement.
OR
☐ I anticipate the following changes in the information set out in this
financial statement:
3. Attached are the following:
☐ Part 1: Income
☐ Part 2: Annual Expenses
☐ Part 3: Extraordinary Expenses
☐ Part 4: Undue Hardship
☐ Part 5: Income of Other Persons
☐ Part 6: Property
SWORN (OR AFFIRMED) BEFORE ME
}
____________________ (signature) (MUST BE WITNESSED BY COMMISSIONER FOR OATHS)
at, Saskatchewan,
this _______day of ___________________,
201_____
____________________________
Commissioner for Oaths
for Saskatchewan
Clerk's Stamp
38
CONTACT INFORMATION AND ADDRESS FOR SERVICE Address for service and contact information of party filing this document: Name of party: Address for service: (set out the street address) Telephone number: Fax number (if any): E-mail address (if any):
39
DECLARATION: This declaration is to be filled out if your income is tax exempt because of your Indian status.
My name is
full legal name
I live in
municipality and province
AND I DECLARE THAT THE FOLLOWING IS TRUE:
1. I am an Indian within the meaning of the Indian Act of Canada. 2. Because of my status, my income is tax exempt and I am not required to file an income tax return. 3. I have therefore not filed an income tax return for the last three years.
Declared before me at
municipality
in
province, state or country
on
date Signature
Commissioner for Oaths for Saskatchewan
Instructions
Please read the instructions (in italics) carefully. You may not have to complete the Financial Statement at all or, you may only have to complete parts of it. The instructions tell you what parts of the form you must complete, according to the type of claim involved. When you complete those parts of the form, leave blank any lines that do not apply to you. If there is more than one claim in the proceeding (for example, a claim for spousal support and a claim for child support), you must complete each of the parts of the Financial Statement that apply to you. If you are required to complete a part in relation to one claim, you need not redo that part if the same part is required in relation to a different claim. Important Note: if during the course of the proceeding you find out that the information in this Financial Statement is incorrect or incomplete, or there is a material change in your circumstances that affects the information in this Financial Statement, you MUST serve on every other party to this case and file with the Court the correct or complete information, or a new Financial Statement with updated information, together with any documents that back up that information..
40
PART 1 – INCOME
Complete this Part if: • you are making a claim for child support, or are seeking to vary an order for child support, and the amount claimed differs from the table amount in the Federal Child Support Guidelines (e.g. A claim for add-ons, a child is 18 years of age or more, a claim for undue hardship, a case of split or shared custody, the payor’s annual income is over $150,000, the payor stands in the place of the parent); • there is a claim against you for child support; or • there is a claim, either by you or against you, for spousal or parental support or you or another party are seeking to vary an order for spousal or parental support. 1 I am:
☐ employed as: (describe occupation)_________________________________________
by: (name and address of employer)__________________________________________
and I am paid:
☐ weekly
☐ every 2 weeks
☐ twice a month
☐ monthly
☐ other (specify)
☐ self-employed, carrying on business as: ____________________________________
☐ a partner in the partnership known as:__________________________________
☐ a farmer
☐ unemployed since: (date when last employed)_________________________________
☐ a shareholder, director or officer of a corporation, in which I have an interest
(name and address of corporation)____________________________________________
☐ a beneficiary under a trust: (identify trust agreement)___________________________
2 The total income declared on my last income tax return in 201__ was $____________,
and my net taxable income was $ ____________. 3 I have attached to or served with this form: (check applicable boxes)
☐ a copy of every personal income tax return filed by me for each of the 3 most
recent taxation years, together with a copy of all material filed with the returns and a copy of every notice of assessment or reassessment issued to me for each of those years.
☐ a statement from the Canada Revenue Agency that I have not filed any income
tax returns for the past 3 years.
☐ a declaration that I am not required to file an income tax return because of the
Indian Act (Canada). (Use the declaration above.)
☐ a Canada Revenue Agency consent in Form 15-57B signed by me, for the
disclosure of my tax returns and assessments for the past 3 years. IMPORTANT NOTE: If you are a party to a claim for child support and you are required to fill out Part 1 of this form, the clerk of the Court will NOT allow you to file this Financial Statement unless you have checked one of the boxes in paragraph 3 above and have attached the required document(s).
41
Annual Income Include all income and other money received from all sources for the 12-month period ending on the date of this statement, whether taxable or not. Show gross annual amounts here (to get an annual figure, multiply any weekly amount by 52, or any monthly amount by 12). Give current actual amount if known. Give your best estimate if you cannot find out the actual amount. If your most recent federal income tax return (attached to this statement) sets out what you expect your income to be for this year, simply record those amounts here. Otherwise, record what you expect your income for this year to be from each source of income that applies to you. This will be necessary if your salary has increased, you have become unemployed, you have bought or sold rental properties, any source of your income is not taxable, etc.
1. Employment income: wages, salaries, commissions, bonuses and overtime (before deductions) +
2. Commissions (If already included on line 1 indicate amount, but do not add in) +
3. Other employment income (Include tips, foreign employment income, net research grants, etc.) +
4. Pension income (Include Old Age Security, CPP, disability, superannuation and other pensions) +
5. Employment insurance benefits (before deductions) + 6. Taxable amount of dividends from taxable Canadian corporations +
7. Interest and other investment income +
8. Partnership income: limited or non-active partners only Net +
9. Rental income Gross Net +
10. Taxable capital gains +
11. Child support received Total amount Taxable amount +
12. Spousal support: From this relationship
From another relationship +
13. Registered retirement savings plan income + 14. Self-employment income:
a. Business income Gross Net +
b. Professional income Gross Net +
c. Commission income Gross Net +
d. Farming income Gross Net +
a. Fishing income Gross Net +
15. Workers’ compensation benefits +
16. Total social assistance payments +
17. Net federal supplements + 18. Other income (Include any taxable income that is not already included above, such as
scholarships, bursaries, study grants, certain lump sum payments or death benefits, severance pay, etc. Specify.)
+ +
A Total annual income: A =
BENEFITS
Monetary benefits: Income that is exempt from federal or provincial tax: List all allowances and
amounts received from all sources, that are not taxable; such as, amounts exempt because of status under Indian Act; band assistance payments; exempt portion of otherwise taxable amounts; certain disability benefits; etc. Specify.
42
Non-monetary benefits: List all non-monetary benefits from all sources, that are not included in total
income (line A). Include such items as use of a company car, or board and room provided for you, and other expenses paid on your behalf. Give your best estimate of the value of the benefit where you cannot find out the actual value.
Medical or dental insurance coverage: Is medical or dental insurance coverage for your
children available to you through your employer or otherwise at a reasonable rate? Yes No
Do you have medical or dental insurance coverage for your children? Yes No
ADJUSTMENTS TO ANNUAL INCOME
Give the current actual amount if you know it or can find it out. If you can’t find out, give your best estimate.
Refer to Schedule III of the Federal Child Support Guidelines. Section numbers included below are references to Schedule III of the Federal Child Support Guidelines.
If necessary attach an extra sheet to show calculations.
Replacements in income:
(Where applicable) Recalculate the annual income shown as amount A above, after making the following replacements:
Total Income (A): Replace taxable amount of dividends from Canadian corporations (line 6)
with the actual amount of dividends: (See s.5) --
Replace taxable capital gains (line 10)
with the actual amount of capital gains realized in excess of the actual capital losses:
Gains: - Losses: = Excess: --
Recalculated annual income: A1 =
Deductions from income:
1. Union, professional association or like dues (if you are an employee): s.1 + 2. Other employment expenses: s.1 (Specify)
+ +
3. Taxable amount of child support I receive: s.2 + 4. Spousal support I receive from the other party: s.3(1) + 5. Social assistance I receive for other members of my household: s.4 + 6. Actual amount of business investment losses suffered during the year: s.7 + 7. Carrying charges and interest expenses paid by me and deductible under the
Income Tax Act: s.8 + 8. Prior period earnings included in self-employment income, net of reserves: s.10 + 9. Portion of partnership or sole proprietorship income property required for
capitalization: s.12 +
Total deductions from income: B =
43
Additions to income:
10. Payments to non-arm’s length persons: s.9 + 11. Allowable capital cost allowance with respect to real property: s.11 + 12. Value of exercised employee stock options in Canadian-controlled private
corporations: s.13 +
Total additions to income: C =
Annual Income or Recalculated annual income: (A) or (A1):
Subtract Total deductions from income (B): -
Add Total additions to income (C): +
ADJUSTED ANNUAL INCOME D =
CHILD SUPPORT:
The Adjusted Annual Income (D) is to be used to calculate child support in accordance with the applicable child support table set out in the Federal Child Support Guidelines.
The Annual Income to be used where special or extraordinary expenses are claimed:
Adjusted Annual Income (D)=
Add Spousal support received from the other party (if any) +
Subtract Spousal support paid to the other party (if any) -
ADJUSTED ANNUAL INCOME (SPECIAL): E =
SPOUSAL OR PARENTAL SUPPORT: The Annual Income to be used where spousal or parental support is claimed:
Adjusted Annual Income (D)
Add Total child support I receive +
Add Social assistance I received for other household members +
Add Child tax benefits or credits +
Add GST/HST credit +
ADJUSTED ANNUAL INCOME (SPOUSAL): F =
44
PART 2 – ANNUAL EXPENSES
You must set out your TOTAL living expenses. If you cannot find out the actual amount, give your best estimate.
Source Deductions
1. Canadian Pension Plan contributions
2. Employment Insurance premiums
3. Employee pension contributions to a
registered pension plan
4. Medical and dental insurance
premiums (Deducted at source)
5. Income tax
Housing
6. Rent or mortgage
7. Property taxes
8. Homeowner’s/Tenant’s insurance
9. Condominium fees
10. Water, Sewer and garbage
11. House repairs, maintenance,
yard care
12. Heat
13. Electricity
14. Telephone
15. Other (Specify)
Household expenses
16. Food
17. Meals outside the home
18. General household supplies
19. Hair care, toiletries and sundries
20. Dry cleaning and laundry
21. Furnishings and equipment
22. Other (Specify)
Transportation
23. Public transit, taxis
24. Car insurance, registration and license
25. Gas and Oil
26. Parking
27. Car repairs and maintenance
28. Other (Specify)
Health
29. Medical and dental insurance
premiums (Not deducted at source)
30. Health care (physiotherapy, etc.)
31. Drugs, prescriptions
32. Dental care (including orthodontist)
33. Optical care (eyeglasses, contact
lenses)
34. Other (Specify)
Personal
35. Clothing, footwear
36. Educational expenses
(self) (Specify)
37. Other (Specify)
Children
38. Clothing, footwear
39. Children’s allowances, gifts
40. School fees, books and supplies
41. School activities (field trips, etc.)
42. Activities, lessons and supplies (music
lessons, clubs, sports, bicycles)
43. Child care, babysitting
44. Other (Specify)
Savings for the future
45. RRSP
46. RESP
47. Other (Specify)
Support payments (Specify for whom,
whether tax deductible, voluntary or
pursuant of order)
48. Support being paid in this case
49. Support being paid in any other case
Debt payments (other than mortgages)
50.
Other
51. Life or term insurance premiums
52. Banking, legal, accounting
53. Church, charitable donations
54. Entertainment and recreation
55. Vacation
56. Alcohol / tobacco
57. Other (Specify)
G Total annual expenses G=
Adjusted annual income (D) _____________
Subtract
Total annual expenses (G) ______________ -
ANNUAL SURPLUS / (DEFICIT) ______________ =
45
PART 3 – SPECIAL OR EXTRAORDINARY EXPENSES
Complete this Part only if you claim special or extraordinary expenses as part of a child support claim. Refer to Section 7 of the Federal Child Support Guidelines.
I am claiming an amount to cover special or extraordinary expenses for one or more of the following reasons: (Indicate which of the following you are claiming.)
child care expenses incurred as a result of my employment, illness, disability, education or training for
employment;
that portion of the medical and dental insurance premiums attributable to child;
health related expenses that exceed insurance reimbursement by at least $100 annually per illness or
event, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;
extraordinary expenses for primary or secondary school or for any educational programs that meet the
child’s particular needs;
expenses for post-secondary education;
extraordinary expenses for extracurricular activities.
State the child’s name that each expense relates to, the details of each type of expense you are claiming, and the total annual amount of each expense.
If the child contributes to payment of the expense, please indicate that contribution and its amount.
If you are claiming for a health related expense, please indicate that amount of insurance reimbursement.
CHILD’S NAME
DETAILS OF EXPENSE
TOTAL AMOUNT
CONTRIBUTION / REIMBURSEMENT
Receipts or other documentation which shows the amount of the expenses I am claiming for each child
are attached to this financial statement.
OR
I cannot obtain receipts or other documentation to show the amount of the expense I am claiming
because: (please explain why)
I am eligible to claim or I receive the following subsidies, benefits or income tax deductions or credits
relating to the above expenses: (provide details)
46
PART 4 – UNDUE HARDSHIP
Complete this Part only if you claim a different amount of child support on the basis of undue hardship. Refer to Section 10 of the Federal Child Support Guidelines. (Indicate which of the following you
are claiming.)
Responsibility for unusually high level of debts reasonably incurred to support the family prior to the
separation or to earn a living;
Owed to Purpose Date incurred Terms of debt Annual amount
Unusually high expenses for exercising access to a child.
Details of expense Annual amount
Legal duty under a judgment, order or written separation agreement to support another person:
Legal duty to support a child, other than a child for whom support is claimed in this application, who is
under the age of 18, or at or above the age of 18 but unable to support himself or herself because of illness, disability or other cause:
Legal duty to support a person who is unable to support himself or herself because of illness or disability:
Attach a copy of any judgment, order or written agreement under which the legal duty arises.
Name of person Relationship Nature of duty Annual amount
Other undue hardship circumstances:
Details Annual amount
47
PART 5 – INCOME OF OTHER PERSONS IN HOUSEHOLD
Complete this Part only if either party is making a claim for a different amount of child support on the basis of undue hardship.
The following are the names, occupations or sources of income, annual incomes and amount of federal and provincial taxes payable thereon, of:
(a)
(a) any person who has a legal duty to support me or whom I have a legal duty to support;
(b) any person who shares living expenses with me or from whom I otherwise receive an economic benefit as a result of living with that person; and
(c) any child whom I or the person described in paragraph (a) or (b) has a legal duty to support.
Other person’s name
Occupation or Source of Income
Annual income*
Taxes payable
* Where the information on which to base the income determination is not provided, the court may impute income in the amount it considers appropriate.
48
PART 6 – PROPERTY
Only complete this Part where ordered to do so by the court
List all property in which you have an interest as of the date of this financial statement.
Record the value or amount as of the date of this financial statement.
If there is a property claim in addition to a claim for support, complete Form 609B: Property Statement, and do not complete this Part of the Financial Statement.
I. ASSETS IN AND OUT OF SASKATCHEWAN
1. Real Estate
List any interest in land, including leasehold interests and mortgages, whether or not you are registered as owner. Record the estimated market value of your interest, without deducting encumbrances. These encumbrances should be shown under Debts and Liabilities.
Nature and Type of Ownership
Nature, address and estimated total market value today
Estimated Market Value of Your Share
Total 1
2. General Household Goods and Vehicles
Show estimated market value, not the cost of replacement for these items owned. Do not deduct encumbrances (e.g. car loan) here; these encumbrances should be shown under Debts and Liabilities.
Item Description If Not in your possession,
state location
Estimated Market Value of Your Share
Total 2
3. Bank Accounts and Savings
Show the items owned by category; include cash, savings and checking accounts in financial institutions, term deposits, guaranteed investment certificates, and any other savings.
Category Institution Where
Account Held Account Number
Amount
Total 3
The location of any safety deposit box(es) I have is: (name and address of institution(s))
49
4. Pensions and Retirement Savings Plans
Indicate the name and address of the institution where your Registered Retirement Savings Plan is held.
Include name and address of pension plan and pension details.
Category Institution Where
Account Held Account Number
Amount
Total 4
5. Securities
Show the items owned by category; shares, bonds, mutual funds, warrants, options, debentures, notes and any other securities. Give your best estimate of market value if the items were to be sold on the open market.
Category Number Description Estimated
Market Value
Total 5
6. Life and Disability Insurance
List all whole life, term life, disability or other such insurance policies. Set out cash surrender value, if any.
Company and Policy
Number
Kind of Policy
Owner Beneficiary Face
Amount
Cash Surrender
Value
Total 6
7. Business Interest
List any interest you hold, directly or indirectly, in any unincorporated business, including partnerships, trusts and joint ventures. Give your best estimate of market value if business were to be sold on an open market.
A controlling interest you hold in an incorporated business may be shown here or under item 5: Securities. An interest that is not a controlling interest should be shown under item 5: Securities.
Name and Address of Firm or Company
Interest Estimated
Market Value of Your Share
Total 7
8. Accounts receivable
Give details of all money owed to you, whether because of business or from personal dealings; including amounts loaned by you to family members, any court judgments in your favour, any estate money owed to you.
Details Amount Owed
to You
Total 8
50
9. Other Property
Show other property or assets owned by categories. Include property of any kind not listed in items 1 to 8 (for example, patents or copyright claims). Give your best estimate of market value.
Category Details Estimated
Market Value
Total 9
VALUE OF ALL ASSETS (Add totals 1 to 9 together) Total I.
II. DEBTS AND OTHER LIABILITIES
Show your debts and other liabilities, whether arising from personal or business dealings. List by category, such as mortgages, charges, loans, liens, notes, credit cards, accounts payable and tax arrears. Indicate if any other person may be responsible for this debt with you, and give their name. Include contingent liabilities such as guarantees given by you, and indicate that they are contingent. Indicate if any debt payments are in arrears.
Debt Particulars
(interest rate, term or number of payments remaining, any property affected)
Amount Owing
Total II.
III. SUMMARY OF ASSETS AND LIABILITIES
Total Value of all Assets (I.)
Subtract Total Debts and Other Liabilities (II.)
III. NET WORTH
Part 6 Attachments: Attached to the copy of this financial statement delivered are:
A copy of the most recent assessment notice issued from an assessment authority for the real property I
own.
A copy of the most recent statement I have received for each bank account, deposit certificate or other
savings.
A copy of the most recent R.R.S.P. statement I have received.
A copy of the most recent statement I have received regarding my brokerage account, my mutual fund,
and any other securities I own.
A copy of the most recent credit card statement for each credit card in my name.
A copy of the most recent statement for each of the other debts listed.
A copy of the most recent annual pension statement I have received, and any further information I have
explaining my pension plan; or
A letter addressed to the administrator of my pension plan, authorizing release of information relating to my pension plan.
51
Form 15-26B (Rule 15-26)
COURT FILE NUMBER ___ ______ of 20__
COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)
JUDICIAL CENTRE ______________________
PETITIONER ______________________
RESPONDENT ______________________
PROPERTY STATEMENT OF
(name)
I, of , Saskatchewan, swear (or affirm) that: 1 The information set out in this Property Statement is true and complete to the best of my
knowledge and belief, and sets out my financial situation as of:
_________________________________
(give date for which information is accurate)
2 ☐ I do not anticipate any significant changes in the information set out in this
Property Statement. or
☐ I anticipate the following significant changes in the information set out in this
Property Statement:
SWORN (OR AFFIRMED) BEFORE ME
_________________________ (signature)
at, __________________ Saskatchewan,
this____day of ______________, 201___
___________________________________
Commissioner for Oaths for Saskatchewan
Clerk's Stamp
52
}
I. ASSETS IN AND OUT OF SASKATCHEWAN
The date of application is: _____________________________________________________________ (give date)
1. REAL PROPERTY
Include any interest in land owned on the date of application or as of the date of this statement, including leasehold interests and mortgages. Show estimated market value of the interest, but do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part II, “Debts and Other Liabilities”. For example, if you were including the family home, you might insert both spouses' names in the first column and “Joint tenancy” in the second column; in the next column, you might write “Family home, 123 Main Street”, in the fourth column, “$100,000”, which in the case of such a joint tenancy would also be the value to be placed in the final column. The amount left to pay on the mortgage would be shown under Part II: “Debts and Other Liabilities”.
Owner
Name and Type of Ownership
Nature of Property, and Address
Estimated TOTAL Value
Estimated Market Value of the Interest
on date of application current date
53
TOTAL VALUE OF REAL PROPERTY (1) $
2. GENERAL HOUSEHOLD GOODS AND VEHICLES
Show estimated market value, not the cost of replacement, for these items owned on date of application or as of the date of this statement. Do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part II, “Debts and Other Liabilities”.
Item Description In the Possession of
Estimated Market Value
on date of application
current date
Household goods, appliances and furniture
Cars, boats, trailers, motorhomes, snowmobiles, other vehicles
(describe by make, model, year)
Jewellery, works of art, collections, electronics, tools, sports & hobby equipment
Other special items
TOTAL VALUE OF GENERAL HOUSEHOLD GOODS AND VEHICLES (2)
$
3. BANK ACCOUNTS AND SAVINGS
Show the items owned on the date of application by category. Include cash, savings and chequing accounts in financial institutions, term deposits, guaranteed investment certificates, and any other savings.
Owner Category Institution
Amount
on date of application
current date
54
TOTAL VALUE OF BANK ACCOUNTS AND SAVINGS (3) $
The location of any safety deposit box[es] I have is ________________________________________
(name and address of institution(s))
4. PENSIONS AND RETIREMENT SAVINGS PLANS
Show the items owned by category. Indicate the name and address of the institution where a Registered Retirement Savings Plan is held; include name and address of pension plan and pension details.
Owner Category Institution Account Number
Amount
on date of application current date
TOTAL VALUE OF PENSIONS AND RETIREMENT SAVINGS PLANS (4) $
5. SECURITIES
Show the items owned by category. Include shares, bonds, mutual funds, warrants, options, debentures, notes and any other securities. Give your best estimate of their market value if the items were to be sold on the open market.
Owner Category Number Description
Estimated Market Value
on date of application current date
55
TOTAL VALUE OF SECURITIES (5) $
6. LIFE & DISABILITY INSURANCE
List all whole life, term life, disability or other similar insurance policies. Set out cash surrender value, if any.
Company and Policy No.
Kind of Policy Owner Beneficiary
Face Amount
Cash Surrender Value
on date of application
current date
TOTAL VALUE OF LIFE AND DISABILITY INSURANCE (6) $
7. BUSINESS INTERESTS
List any interest either spouse holds, directly or indirectly, in any unincorporated business, including partnerships, trusts and joint ventures. Give your best estimate of market value if business were to be sold on an open market. An interest in an incorporated business may be shown here or under item 5: Securities.
Interest Held by Name of Firm or Company Interest
Estimated Market Value of Interest
on date of application
current date
56
TOTAL VALUE OF BUSINESS INTERESTS (7) $
8. ACCOUNTS RECEIVABLE
Give details of all money owed to either spouse, whether because of business or from personal dealings; including amounts loaned to family members, any Court judgments in a spouse’s favour, any estate money owed.
Owed to Details
Amount Owed
on date of application
current date
TOTAL OF ACCOUNTS RECEIVABLE (8) $
9. OTHER PROPERTY
Show other property or assets owned by categories. Include property of any kind not listed in items 1 to 8 (for example, patents or copyright claims). Give your best estimate of market value.
Owner Category Details
Estimated Market Value of Interest
on date of application
current date
57
TOTAL VALUE OF OTHER PROPERTY (9) $
I. VALUE OF ALL ASSETS (Add totals 1 to 9 together) I = $_____________
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II. DEBTS AND OTHER LIABILITIES
Show all debts and other liabilities, whether arising from personal or business dealings. List by category, such as mortgages, charges, loans, liens, notes, credit cards, accounts payable, tax arrears and costs of disposition. Indicate if any other person may be responsible for this debt with a spouse, and give their names. Include contingent liabilities such as guarantees given by either spouse, and indicate that they are contingent. Indicate if any debt payments are in arrears.
Debtor Category
Details (interest rate, term or number of payments remaining, any property affected)
Amount Owing
on date of application
current date
TOTAL DEBTS AND OTHER LIABILITIES II = $
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III: PROPERTY, DEBTS AND OTHER LIABILITIES ON DATE OF MARRIAGE
Show by category the value of each spouse’s property and debts and other liabilities calculated as of the date of marriage. If possible, include the price paid for asset, year purchased, and value added of repairs and improvements during marriage, as well as value on date of marriage.
Category and Details
Value on Date of Marriage
Assets Liabilities
Petitioner Respondent Petitioner Respondent
Real property (exclude family home owned on date of marriage, unless sold before date of separation)
Vehicles (exclude family use vehicles)
Bank accounts and savings
Pensions and Retirement Savings Plans
Securities
Life & disability insurance
Business interests
Accounts receivable
Other property (Specify.)
Debts and other liabilities (Specify.)
TOTALS $ $ $ $
NET VALUE OF PROPERTY OWNED ON DATE OF MARRIAGE III =
$ $
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IV: PROPERTY EXEMPT FROM DISTRIBUTION Show the value by category of property reported in this statement which was owned on the date of application that you claim is exempt from distribution pursuant to sections 23 and 24 of The Family Property Act, other than that property shown in Table III above.
Category Item and Reasons for Exemption Value on Date of Application
TOTAL VALUE OF EXEMPT PROPERTY IV = $
V: PROPERTY DISPOSED OF WITHIN 2 YEARS
List by category all property disposed of within 2 years before the beginning of this proceeding. Indicate the date of disposition of each item.
Category Details Value
TOTAL VALUE OF DISPOSED PROPERTY V = $
VI: CALCULATION OF NET FAMILY PROPERTY
Deductions Balance
Value of all assets owned on date of application (item I ) $
Subtract Value of all debts and other liabilities
(item II) $ $
Subtract Net value of property owned on date
of marriage (item III ) $ $
Subtract Value of exempt property
(item IV) $ $
NET FAMILY PROPERTY $
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VII. SCHEDULES
If applicable, attach a statement as to the income tax consequences of an ordered disposition or realization of particular assets.
If a pre-marital [or pre-cohabitation] asset claimed exempt is no longer held, but has been traded for another asset, attach a statement tracing the asset to the asset currently held. Attach copies of transaction documents. IMPORTANT NOTE: If during the course of the proceeding you find out that the information in this Property Statement is incorrect or incomplete, or there is a material change in the information provided, you MUST serve on every other party to this claim and file with the Court the correct information, or a new Property Statement containing the correct information, together with any documents that back up that information.
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Form 15-19
COURT FILE NUMBER ___ ______ of 20__
COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)
JUDICIAL CENTRE ______________________
PETITIONER ______________________
RESPONDENT ______________________
NOTICE OF APPLICATION
(FAMILY LAW PROCEEDING)
NOTICE TO THE RESPONDENT This application is made against you. You are a respondent. You have the right to state your side of this matter before the Court. To do so, you must be in Court when the application is heard as shown below:
Where __________________________ Date __________________________ Time __________________________ Remedy sought:
☐ An order for interim Custody of the following children on the following terms:
___________________________________________________________
___________________________________________________________
☐ An order for interim Access to the following children on the following terms:
___________________________________________________________
___________________________________________________________
☐ An order for interim Child Support payable by the Respondent for the following
children:
___________________________________________________________
___________________________________________________________
Clerk's Stamp
63
☐ An order for interim Spousal Support payable by the Respondent.
☐ Other: ________________________________________________
_____________________________________________________
☐ An order for costs of this application.
Grounds for claim:
☐ Interim Custody pursuant to:
☐ section 6(3) of the Children’s Law Act
☐ section 16 of The Divorce Act
☐ Interim Access pursuant to:
☐ section 6(3) of the Children’s Law Act
☐ section 16 of The Divorce Act
☐ Interim Child Support pursuant to:
☐ section 9(1) of The Family Maintenance Act
☐ section 15.1 of The Divorce Act
☐ Interim Spousal Support pursuant to:
☐ section 5(1) of The Family Maintenance Act
☐ section 15.2 of The Divorce Act
☐ Other:
☐ Declaration of Parentage pursuant to s. 43(4) of The Children’s Law Act
☐ Leave to pursue paternity testing pursuant to s. 48 of The Children’s Law Act
☐ Exclusive possession of the family home, pursuant to s.5 of The Family Property Act
☐ Custody/Access Assessment, pursuant to s.97 of The Queen’s Bench Act
☐ Other: ________________________________________________
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Affidavit or other evidence to be used in support of this application:
1. Affidavit of: _____________________________________________ (your name)
2. Financial Statement of : ____________________________________ (your name)
3. Other: _________________________________________________
DATED at , Saskatchewan, this day of ., 201____ (city/town) (date) (month) (year)
_______________________
(your signature)
CONTACT INFORMATION AND ADDRESS FOR SERVICE Address for service and contact information of party filing this document: Name of party: Address for service: (set out the street address) Telephone number: Fax number (if any): E-mail address (if any):
NOTICE If you wish to oppose the application, you or your lawyer must prepare an affidavit in response, serve a copy at the address for service given at the end of this document, and file it in the court office, with proof of service, at least 7 days before the date set for hearing the application. You or your lawyer must also come to court for the hearing of the application on the date set. (If a support order is sought) TAKE NOTICE that whether or not you oppose this application, you must serve and file a Financial Statement in Form 15-26A at least 7 days before the date set for hearing the application. If this application includes a claim for child support, and you do not comply with this notice or the Notice to File Income Information which has also been served on you, THE COURT MAY IMPUTE INCOME TO YOU AND MAY DETERMINE THE AMOUNT OF CHILD SUPPORT PAYABLE ON THE BASIS OF THAT IMPUTED INCOME. If you have been served with a application for child support, please consult the Federal Child Support Guidelines. AND FURTHER TAKE NOTICE that if you do not appear at the hearing [or fail to provide the required financial information (if a support order is sought)] an order may be made in your absence and enforced against you. YOU WILL NOT RECEIVE FURTHER NOTICE OF THIS APPLICATION.
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Form 13-31
COURT FILE NUMBER ___ ______ of 20__
COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)
JUDICIAL CENTRE ______________________
PETITIONER ______________________
RESPONDENT ______________________
AFFIDAVIT OF ___________________________
(your name)
I, , of the _____________. of (full name) (city, town, village, etc.)
, Saskatchewan, MAKE OATH AND SAY (or AFFIRM):
1. I am the Petitioner in this matter and as such have personal knowledge of the facts
and matters herein deposed to except where stated to be on information and belief and
whereso stated I verily believe the same to be true.
2. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
3. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Clerk's Stamp
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4. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
5. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
6. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
7. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
8. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
9. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
10. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
11. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
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12. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
13. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
14. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
15. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
16. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
17. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
18. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
19. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
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(You should continue to write as many paragraphs as you need to in order to tell your story to the judge.. You
can use additional paper. Do not forget to number your paragraphs. Include all of the facts that you believe
are relevant and that you think are important for the judge to know. Remember to include any documents you
think are relevant and important as “exhibits”.)
20. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
21. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
22. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
23. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
24. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
25. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
26. __________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
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I make this affidavit in support of my Application.
SWORN (OR AFFIRMED) BEFORE ME
}
_________________________ (signature) (MUST BE WITNESSED BY COMMISSIONER FOR OATHS)
at, __________________ Saskatchewan,
this _____________day of ___________,
201_____
___________________________________
Commissioner for Oaths
for Saskatchewan
CONTACT INFORMATION AND ADDRESS FOR SERVICE Address for service and contact information of party filing this document: Name of party: Address for service: (set out the street address) Telephone number: Fax number (if any): E-mail address (if any):
70
COURT FILE NUMBER ___ ______ of 20__
COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)
JUDICIAL CENTRE ______________________
PETITIONER ______________________
RESPONDENT ______________________
NOTICE TO ATTEND PARENTING EDUCATION PROGRAM
TO: ____________________________________________________ (name of other party)
YOU ARE REQUIRED to attend a parenting education program, unless:
(a) you file with the court a certificate of attendance proving that you have attended a parenting education
program or an equivalent program within the preceding two years; or
(b) you obtain an exemption pursuant to subsection 44.1(9) of The Queen’s Bench Act, 1998, or
(c) you and all other parties to the proceeding certify in writing that a written agreement has been entered
into settling all issues respecting custody, access and child support.
IF YOU FAIL to attend a parenting education program when required to do so the court may, on application:
(a) strike out your pleadings or other documents;
(b) refuse to allow you to make submissions on an application or at trial; or
(c) order you to attend a parenting education program within any time specified by the court.
To attend the course you must register at least two days in advance by telephone:
1-888-218-2822 or 306-787-9905 in Regina
1-877-964-5501 or 306-964-4401 in Saskatoon
There is no fee for registration. Parties do not attend the course together.
DATED at , Saskatchewan, this day of ., 201 (city/town) (date) (month) (year)
__________________________
(your signature)
CONTACT INFORMATION AND ADDRESS FOR SERVICE Address for service and contact information of party filing this document: Name of party: Address for service: (set out the street address) Telephone number: Fax number (if any): E-mail address (if any):
Clerk's Stamp Clerk's Stamp Clerk's Stamp
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Form 15-57A
COURT FILE NUMBER ___ ______ of 20__
COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)
JUDICIAL CENTRE ______________________
PETITIONER ______________________
RESPONDENT ______________________
NOTICE TO FILE INCOME INFORMATION
TO: The Respondent (insert name of other party), _________________________________
YOU ARE REQUIRED to provide the Petitioner & file with the Court within 30 days of service of
this Notice:
☐ a financial statement in Form 15-26A of the Queen’s Bench Rules for Saskatchewan, including the required
income tax documents;
☐ if you are an employee] your most recent statement of earnings indicating the total earnings paid in the year
to date, including overtime, or if such a statement is not provided by your employer, a letter from your
employer setting out that information, including your rate of annual salary or remuneration;
☐ [if you are self-employed] for the 3 most recent taxation years:
(i) the financial statements of your business or professional practice, other than a partnership, and
(ii) 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 you do not deal at arm’s length;
☐ [if you are a partner in a partnership] confirmation of your income and draw from, and capital in, the
partnership for its 3 most recent taxation years;
☐ [if you control a corporation] for the corporation’s 3 most recent taxation years:
(i) the financial statements of the corporation and its subsidiaries, and
(ii) 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;
Clerk's Stamp
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☐ [if you are a beneficiary under a trust] a copy of the trust settlement agreement and copies of the trust’s 3
most recent financial statements.
DATED at , Saskatchewan, this day of ., 201
(city/town) (date) (month) (year)
Signature of Petitioner
The requested documents are to be: (a) served on the party seeking disclosure at the address for service set out at the end of this document; and (b) filed on the Court file.
CONTACT INFORMATION AND ADDRESS FOR SERVICE Address for service and contact information of party filing this document: Name of party: Address for service: (set out the street address) Telephone number: Fax number (if any): E-mail address (if any):
NOTICE IF DURING the course of the proceeding you find out that the information you provided in a response to this notice is incorrect or incomplete, or there is a material change in the information provided, you must serve on every other party to this claim and file with the Court the correct information, together with any documents substantiating it. IF YOU FAIL TO PROVIDE THE REQUESTED DOCUMENTS WITHIN THE TIME GIVEN, the party seeking disclosure of your income information may apply on notice to the Court for any or all of the following:
an Order drawing an adverse inference against you and imputing income to you in the amount that the court considers appropriate;
an Order for payment of support in the amount that the Court considers appropriate;
an Order that the documents requested be delivered within a specified time;
an Order directed to your employer or other person for disclosure of financial information;
an Order for costs, including costs up to an amount that fully compensates the party seeking disclosure for all costs incurred in the proceeding;
an Order granting the party seeking disclosure any other remedy requested. or
If the party seeking disclosure of income information wishes an immediate order in the event of non-compliance with this Notice to File Income Information, include a Notice in Form 6-5 for the desired order.
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Form 15-12A
COURT FILE NUMBER ___ ______ of 20__
COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)
JUDICIAL CENTRE ______________________
PETITIONER ______________________
RESPONDENT ______________________
AFFIDAVIT OF PERSONAL SERVICE
I, , of the City of , in the Province
of , MAKE OATH AND SAY AS FOLLOWS:
1 On the day of ., 201 , I personally served the Respondent with a
true copy of:
(check all that apply)
☐ Petition;
☐ Financial Statement;
☐ Property Statement;
☐ Notice of Application;
☐ Affidavit;
☐ Notice to Attend Parenting Education Program;
☐ Notice to File Income Information.
an original being part of the Court file, by leaving a true copy with him (or her) at:
___________________________________________________________________
(full address where respondent was served)
2 My means of knowledge as to the identity of the said respondent are as follows:
☐ the party identified themselves to me;
☐ the party being served is known to me;
☐ other:
Clerk's Stamp
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3 The postal address of the said Respondent is:
___________________________________________________________________
___________________________________________________________________
4 The basis of my information and belief as to the address of the said Respondent is:
___________________________________________________________________
___________________________________________________________________
5 To effect service I necessarily travelled kilometres.
SWORN (OR AFFIRMED) BEFORE ME
}
_________________________ (signature) (MUST BE WITNESSED BY COMMISSIONER FOR OATHS)
at, __________________ Saskatchewan,
this _____________day of ___________,
201_______
___________________________________
Commissioner for Oaths
for Saskatchewan
CONTACT INFORMATION AND ADDRESS FOR SERVICE Address for service and contact information of party filing this document: Name of party: Address for service: (set out the street address)
Telephone number: Fax number (if any): E-mail address (if any):