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Family Law

AB

This publication guides practitioners through divorce, family law agreements, property division, parenting arrangements, and the enforcement of family law orders in Alberta.

5 Matter Plans

Overview

The Family Law publication includes 5 guides that, through detailed matter plans, outline the typical progression of a family law matter from start to finish. This includes settlement negotiations, the commencement of proceedings, interim applications, preparation for and conduct of final hearings, and enforcement.

It also provides all commonly required precedents and forms, including applications, affidavits, orders, and correspondence.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Letters to the client and other parties throughout the matter;
  • Library of family law agreements:
    • Marriage, cohabitation, and adult interdependent partner agreements;
    • Separation agreement;
    • Parenting plan;
    • Family arbitration agreement
  • Example content for:
    • Statements of claim, defence and counterclaim, offer to settle, notice of urgent applications and conference briefs;
  • Library of family law orders.
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5 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Divorce (AB)
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Remote Witnessing
    • Item icon Further information
  • Item icon Overview
    The Constitution Act of 1867 confers exclusive authority on the federal legislature for all matters concerning marriage and divorce: s 91(26). Each province has exclusive legislative authority to make laws concerning the solemnization of marriage: s 92(12). In addition, under ...

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  • Item icon Summary of the process
    The usual steps in a divorce matter are:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Divorce
    • Item icon To do list - Divorce
    • Item icon First steps
    • Item icon Client details, verification, and source of funds
    • Item icon Retainer instructions - Divorce
    • Item icon Conflict of interest check
    • Item icon Initial letter to client confirming instructions and enclosing retainer agreement
    • Item icon Retainer agreement - Alberta
    • Item icon Scope of work - Divorce
    • Item icon Enclosure - Division of property and spousal support on breakdown of relationship
    • Folder icon If required - Authorization and consent
      • Item icon Letter to client enclosing consent regarding medical records
      • Item icon Consent to disclosure of medical information
    • Item icon Time and costs estimates
    • Folder icon If required - Costs disclosure update and a non-engagement letter
      • Item icon Letter to client updating costs disclosure
      • Item icon Non-engagement letter
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Confidentiality deed
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
      • Item icon Standard annexure note for documents
  • Folder icon B. Divorce and corollary relief
    • Item icon Divorce and corollary relief
      This guide contains information and precedents for obtaining orders for divorce and corollary relief, including orders relating to children, spousal support, and property division. While it is possible for spouses to commence proceedings and obtain orders for corollary relief at any time after ...

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    • Folder icon Library of clauses and orders
      • Folder icon Library of general orders
        • Item icon Adjournment
        • Item icon Direction for filing
        • Item icon Discharging previous orders
        • Item icon Disclosure within 14 days
        • Item icon Experts confer and file joint statement
        • Item icon Expert's report to be filed
        • Item icon Financial statement to be filed
        • Item icon Further affidavits to be filed for interim application
        • Item icon Other applications dismissed
        • Item icon Remove from active pending cases list
        • Item icon Remove hearing from list
        • Item icon Transfer of proceedings
        • Item icon Vacation of hearing date
      • Folder icon Library of children orders
        • Item icon Agreement not to relocate
        • Item icon Alcohol and drugs prohibition
        • Item icon Alcohol not consumed within 12 hours of handover
        • Item icon Change of name - General
        • Item icon Change of name - Hyphenated surname
        • Item icon Change of name - Restrained from using a particular name
        • Item icon Changeovers - At school
        • Item icon Changeovers - Child delivered by
        • Item icon Changeovers - Delivery to home
        • Item icon Changeovers - Location
        • Item icon Changeovers - Not to remain after
        • Item icon Changeovers - Specified person not to attend
        • Item icon Changeovers - Supervised location
        • Item icon Communication - Extensive
        • Item icon Discharging previous orders - All orders
        • Item icon Equal responsibility, living with and spending time with
        • Item icon Live with each party for a period - Week about
        • Item icon Living arrangements relocation and communication
        • Item icon Location order individual
        • Item icon Medical treatment decisions
        • Item icon Medical treatment decisions one party responsible
        • Item icon Medical treatment not without consulting other party
        • Item icon Non-molestation order
        • Item icon Obligation to provide contact details
        • Item icon Overnight away from party's home not permitted
        • Item icon Parental responsibility - No consultation unless major long term issue
        • Item icon Passport - Consent dispensed with - Issue and renewal
        • Item icon Passport - Holding passports pending travel
        • Item icon Passport - Registrar to hold pending orders or consent
        • Item icon Passport consent dispensed with
        • Item icon Passports application not to be made
        • Item icon Passports to be surrendered
        • Item icon Paternity test
        • Item icon Recovery order parties
        • Item icon Refrain from making critical or derogatory remarks
        • Item icon Refrain from psychological intervention
        • Item icon Religious instruction
        • Item icon Restraint from leaving Canada
        • Item icon Schooling - School to attend
        • Item icon Schooling sole responsibility
        • Item icon Sole parental responsibility - Consult and advise other party
        • Item icon Sole parental responsibility - Education
        • Item icon Sole parental responsibility - Exception school and medical
        • Item icon Sole parental responsibility - General
        • Item icon Sole parental responsibility - Major long term issues
        • Item icon Sole parental responsibility - Sporting activities
        • Item icon Spend time alternate weekends one midweek night
        • Item icon Spend time with and communicate as agreed
        • Item icon Spending time - Child's birthday
        • Item icon Spending time - Father's Day and Mother's Day
        • Item icon Spending time - Parent's birthday
        • Item icon Spending time - Refrain from seeing person
        • Item icon Spending time with grandparents
        • Item icon Supervision of time spent with a party
        • Item icon Telephone communication - Every night
        • Item icon Telephone communication - Every other night
        • Item icon Telephone communication - One evening a week
        • Item icon Urinalysis and hair follicle testing - Monthly
        • Item icon Urinalysis and hair follicle testing - Weekly
        • Item icon Varying previous orders
      • Folder icon Library of property orders
        • Item icon Acquisition of other party's interest in property being sold
        • Item icon Assets and liabilities not listed retained by parties
        • Item icon Assets cannot be disposed of or encumbered
        • Item icon Encumbrance or loan redraw not permitted
        • Item icon Exclusive occupation and non molestation
        • Item icon Indemnity
        • Item icon Liberty to apply - Property
        • Item icon Occupation and vacation of property pending sale
        • Item icon Parties to do all things necessary to give effect to orders
        • Item icon Payment of mortgage and property accounts pending sale
        • Item icon Personal property and furniture - Division after valuation
        • Item icon Personal property and furniture - Division in accordance with schedule
        • Item icon Personal property and furniture - Two list division
        • Item icon Possession to be delivered to the other party
        • Item icon Resign - Appoint as director - Secretary - Public officer
        • Item icon Sale of property and division of proceeds
        • Item icon Severance of joint tenancies
        • Item icon Transfer business
        • Item icon Transfer business name
        • Item icon Transfer of all entities companies trusts both business and personal
        • Item icon Transfer property to one party and remortgage
        • Item icon Transfer property to one party and remortgage with sale on default
        • Item icon Transfer shares
    • Folder icon Children
      • Item icon Orders for decision-making responsibility, parenting time, and contact
        Parenting orders are governed by the Divorce Act 1985 and the Family Law Act 2003. The two Acts provide a statutory regime for determining decision-making responsibility for the children, including questions about education, health care, and religion and residential arrangements, known as ...

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      • Item icon Best interests of the child
      • Folder icon Parenting orders
        • Item icon Parenting orders
        • Item icon Info Pack – Custody and Parenting Time (Access) – Government of Alberta
        • Item icon Clause - Parenting orders sought or agreed - Concise
        • Item icon Clause - Parenting orders sought or agreed - Extensive
        • Item icon Letter to other side seeking parenting orders
      • Folder icon Parenting plans
        • Item icon Parenting plans
          A parenting plan is a document covering the matters relating to parenting time, decision-making responsibility, or contact, to which the parties agree: s 16.6(2) of the Divorce Act 1985. A parenting plan submitted to the court, modified by the court if necessary, can be included in a parenting ...

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        • Item icon Parenting plan
        • Item icon Letter to other side sending parenting plan
        • Item icon Letter to other side's lawyer in response to proposed parenting plan
      • Folder icon Child support
        • Item icon Child support
          The court has a duty to stay the granting of a divorce until reasonable arrangements are made for the support of any children of the marriage: s 11(1)(b) of the Divorce Act 1985. The Federal Child Support Guidelines, SOR/97-175 are the regulations under the Divorce Act 1985 for determining a ...

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        • Item icon Child support agreement
        • Item icon Letter to other side sending child support agreement
        • Item icon Child support orders - Retroactive
        • Item icon Orders for child support sought or agreed
        • Item icon Interjurisdictional support forms – Government of Alberta
    • Folder icon Property division
      • Item icon Property division
        The Family Property Act 2000 governs the division of property between married spouses. The Act empowers the court to distribute between the spouses all the property they own.

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      • Item icon Orders for division of personal property
      • Item icon Orders for exclusive possession of the family home
      • Item icon Orders for the sale of the family home with exclusive possession
    • Folder icon Spousal support
      • Item icon Spousal support
        Spousal support is financial assistance provided by one spouse to the other following the breakdown of their marriage.

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      • Item icon Clause - Spousal support order
    • Folder icon Separation agreements
      • Item icon Separation agreements
        The parties can enter into a separation agreement regarding issues such as parenting time, decision-making responsibility, support, and property division. Once signed, the agreement is binding on the parties so long as the requirements of the Family Property Act 2000 and the Family Law Act 2003 ...

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      • Item icon Separation agreement
      • Folder icon DivorceMate Agreements
        • Item icon Collaborative Separation Agreement
        • Item icon Separation Agreement
        • Folder icon Schedules
          • Item icon Acknowledgement Regarding Division of Household Contents
          • Item icon Affidavits of Execution and Certificates of Independent Legal Advice
          • Item icon Authorization and Direction for Information from Third Party
          • Item icon Authorization and Direction to Insurer re Irrevocable Beneficiary and Insurance Information
          • Item icon Certificates of Independent Legal Advice
          • Item icon Consent to Release of Irrevocable Beneficiary Status
          • Item icon Direction to RRSP Planholder
          • Item icon Financial Disclosure (Marriage)
          • Item icon Financial Disclosure (Separation)
          • Item icon Indexing Calculation
          • Item icon Joint Election under Section 74.5(3)(b) of the Income Tax Act
          • Item icon Schedule 'A' Collaborative Negotiation Steps for Effective Problem-Solving
          • Item icon Schedule 'B' Sample Financial Professional Agreement
          • Item icon Schedule 'C' Sample Collaborative Family Professional Agreement
          • Item icon Transfer of Interest in Insurance Policy
          • Item icon Travel Consent Form
          • Item icon Waiver of Independent Legal Advice
    • Item icon Letter to other side's lawyer serving draft order for signing
    • Folder icon If required - Maintenance Enforcement Program
      • Item icon Register your case – Maintenance Enforcement Program
      • Item icon Maintenance Enforcement Support Agreement Form
  • Folder icon C. The application
    • Item icon Overview and the typical application
      Divorce applications can be either uncontested or contested. The most common type of divorce application under the Divorce Act 1985 is the joint application, where both parties file a Joint Statement of Claim for Divorce using form FL-08. This application may also include claims for corollary ...

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    • Item icon Residence requirements
      The Court of King's Bench of Alberta has jurisdiction to hear and determine divorce proceedings if either spouse has been habitually resident in Alberta for at least 1 year immediately before the commencement of the proceeding: s 3(1) of the Divorce Act 1985.

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    • Item icon Grounds for divorce
      Canada has a no-fault divorce statutory regime under the Divorce Act 1985. This means that neither party needs to prove the other spouse's wrongdoing before they may obtain a divorce order. Instead, the Act gives the court the authority to grant a divorce order on the grounds that there has been a ...

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    • Item icon 4 mandatory pre-court requirements
      In the Calgary, Edmonton, and Red Deer Judicial Centres, parties must fulfill 4 mandatory pre-court requirements before they can file any documents intended to bring a matter before the court for relief. The 4 requirements are:

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    • Item icon Request to Waive/Defer Mandatory Requirements
    • Item icon Financial Disclosure Statement
    • Item icon Participation in Alternative Dispute Resolution
    • Item icon Parenting After Separation course
      The Parenting After Separation course is designed for parents who are either separating or getting a divorce and have children under 18 years old affected by the proceedings. The course provides parents with information about he effects of separation and divorce on children, effective communication ...

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    • Item icon Parenting After Separation course – Government of Alberta
    • Folder icon Disclosure
      • Item icon Supporting documents
        The following supporting documents and forms are typically required to prepare the application.

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      • Item icon Letter to client regarding financial disclosure
      • Item icon Statement of income, assets, and liabilities
      • Item icon Disclosure checklist - Property and support claims
      • Item icon Letter to other side's lawyer seeking financial disclosure
      • Item icon Letter to client seeking disclosure documents
      • Item icon Notice to Disclose
      • Item icon Compelling disclosure
        When a party does not make the mandatory disclosure, either party can make an application for financial disclosure by filing the Notice to Disclose/Application, form FL-17. This has the effect of compelling the other party to make financial disclosure within 30 days of the notice.

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      • Item icon Desk applications for notices to disclose
        The applicant serves the Notice to Disclose/Application, form FL-17, on the respondent together with a blank copy of the Response to Request for Disclosure form, KB154.

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      • Item icon Notice to Disclose (Application)
      • Item icon Notice to Disclose (Desk Application)
      • Item icon Disclosure Statement Package
      • Item icon Request for Disclosure Order
      • Item icon Disclosure Order
      • Item icon Response to Request for Disclosure
      • Item icon Affidavit (Generic)
    • Item icon Preparing the application
      Sole application for divorce To commence a proceeding for divorce under the Divorce Act 1985 the applicant files a Statement of Claim for Divorce, form FL-01: r 12.7 of the Alberta Rules of Court.

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    • Folder icon Joint application
      • Item icon Joint application for divorce
        To commence a joint application for divorce under the Divorce Act 1985 the spouses file a Joint Statement of Claim for Divorce, form FL-08: r 12.13(1). A Joint Statement of Claim for Divorce does not need to be served: r 12.13(2).

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      • Item icon Letter to other side requesting joint application
      • Item icon Joint Statement of Claim for Divorce
      • Item icon Joint Request for Divorce (without Oral Evidence)
      • Item icon Joint Affidavit of Applicants for Divorce
      • Item icon Joint Divorce Judgment (without Oral Evidence)
      • Item icon Joint Divorce Judgment and Corollary Relief Order (without Oral Evidence)
      • Item icon Summary of Child Support Guideline Calculations – Alberta Courts
      • Item icon Checklist for Filing of Desk Divorce Packages – Alberta Courts
      • Folder icon If required - Withdrawing from joint divorce proceedings
        • Item icon Notice of Withdrawal - Joint Divorce Proceedings
    • Folder icon Sole application
      • Item icon Sole application for divorce
        To commence a proceeding for divorce under the Divorce Act 1985 the applicant files a Statement of Claim for Divorce, form FL-01: r 12.7 of the Alberta Rules of Court. To commence a combined proceeding for divorce and the division of property under the Family Property Act 2000 the applicant ...

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      • Item icon Statement of Claim for Divorce
      • Item icon Statement of Claim for Divorce and Division of Family Property
      • Item icon Statement of Claim for Divorce and Division of Matrimonial Property
      • Item icon Example content - Statement of claim
      • Item icon Noting in Default
      • Item icon Request for Divorce (without Oral Evidence) - by Plaintiff
      • Item icon Affidavit of Applicant for Divorce
      • Item icon Request for Divorce (without Oral Evidence) - by Defendant
      • Item icon Divorce Judgment (without Oral Evidence)
      • Item icon Divorce Judgment and Corollary Relief Order (without Oral Evidence)
      • Item icon Summary of Child Support Guideline Calculations – Alberta Courts
      • Item icon Checklist for Filing of Desk Divorce Packages – Alberta Courts
    • Folder icon Supporting documents
      • Item icon Existing family law agreements or court orders
      • Item icon Marriage certificate
      • Item icon Ordering documents – Vital Statistics Office
      • Item icon Registration of divorce proceedings form
      • Item icon Registration of Divorce Proceedings – Department of Justice Canada – Online form
      • Item icon Notice to Disclose
      • Item icon Notice to Disclose (Application)
      • Item icon Disclosure Statement Package
      • Item icon Affidavit (Generic)
    • Folder icon Library of clauses and orders
      • Folder icon Library of general orders
        • Item icon Adjournment
        • Item icon Direction for filing
        • Item icon Discharging previous orders
        • Item icon Disclosure within 14 days
        • Item icon Experts confer and file joint statement
        • Item icon Expert's report to be filed
        • Item icon Financial statement to be filed
        • Item icon Further affidavits to be filed for interim application
        • Item icon Other applications dismissed
        • Item icon Remove from active pending cases list
        • Item icon Remove hearing from list
        • Item icon Transfer of proceedings
        • Item icon Vacation of hearing date
      • Folder icon Library of children orders
        • Item icon Agreement not to relocate
        • Item icon Alcohol and drugs prohibition
        • Item icon Alcohol not consumed within 12 hours of handover
        • Item icon Change of name - General
        • Item icon Change of name - Hyphenated surname
        • Item icon Change of name - Restrained from using a particular name
        • Item icon Changeovers - At school
        • Item icon Changeovers - Child delivered by
        • Item icon Changeovers - Delivery to home
        • Item icon Changeovers - Location
        • Item icon Changeovers - Not to remain after
        • Item icon Changeovers - Specified person not to attend
        • Item icon Changeovers - Supervised location
        • Item icon Communication - Extensive
        • Item icon Discharging previous orders - All orders
        • Item icon Equal responsibility, living with and spending time with
        • Item icon Live with each party for a period - Week about
        • Item icon Living arrangements relocation and communication
        • Item icon Location order individual
        • Item icon Medical treatment decisions
        • Item icon Medical treatment decisions one party responsible
        • Item icon Medical treatment not without consulting other party
        • Item icon Non-molestation order
        • Item icon Obligation to provide contact details
        • Item icon Overnight away from party's home not permitted
        • Item icon Parental responsibility - No consultation unless major long term issue
        • Item icon Passport - Consent dispensed with - Issue and renewal
        • Item icon Passport - Holding passports pending travel
        • Item icon Passport - Registrar to hold pending orders or consent
        • Item icon Passport consent dispensed with
        • Item icon Passports application not to be made
        • Item icon Passports to be surrendered
        • Item icon Paternity test
        • Item icon Recovery order parties
        • Item icon Refrain from making critical or derogatory remarks
        • Item icon Refrain from psychological intervention
        • Item icon Religious instruction
        • Item icon Restraint from leaving Canada
        • Item icon Schooling - School to attend
        • Item icon Schooling sole responsibility
        • Item icon Sole parental responsibility - Consult and advise other party
        • Item icon Sole parental responsibility - Education
        • Item icon Sole parental responsibility - Exception school and medical
        • Item icon Sole parental responsibility - General
        • Item icon Sole parental responsibility - Major long term issues
        • Item icon Sole parental responsibility - Sporting activities
        • Item icon Spend time alternate weekends one midweek night
        • Item icon Spend time with and communicate as agreed
        • Item icon Spending time - Child's birthday
        • Item icon Spending time - Father's Day and Mother's Day
        • Item icon Spending time - Parent's birthday
        • Item icon Spending time - Refrain from seeing person
        • Item icon Spending time with grandparents
        • Item icon Supervision of time spent with a party
        • Item icon Telephone communication - Every night
        • Item icon Telephone communication - Every other night
        • Item icon Telephone communication - One evening a week
        • Item icon Urinalysis and hair follicle testing - Monthly
        • Item icon Urinalysis and hair follicle testing - Weekly
        • Item icon Varying previous orders
      • Folder icon Library of property orders
        • Item icon Acquisition of other party's interest in property being sold
        • Item icon Assets and liabilities not listed retained by parties
        • Item icon Assets cannot be disposed of or encumbered
        • Item icon Encumbrance or loan redraw not permitted
        • Item icon Exclusive occupation and non molestation
        • Item icon Indemnity
        • Item icon Liberty to apply - Property
        • Item icon Occupation and vacation of property pending sale
        • Item icon Parties to do all things necessary to give effect to orders
        • Item icon Payment of mortgage and property accounts pending sale
        • Item icon Personal property and furniture - Division after valuation
        • Item icon Personal property and furniture - Division in accordance with schedule
        • Item icon Personal property and furniture - Two list division
        • Item icon Possession to be delivered to the other party
        • Item icon Resign - Appoint as director - Secretary - Public officer
        • Item icon Sale of property and division of proceeds
        • Item icon Severance of joint tenancies
        • Item icon Transfer business
        • Item icon Transfer business name
        • Item icon Transfer of all entities companies trusts both business and personal
        • Item icon Transfer property to one party and remortgage
        • Item icon Transfer property to one party and remortgage with sale on default
        • Item icon Transfer shares
    • Item icon Responding to the application
      The respondent does not have to respond to the application for divorce. However, if the respondent chooses to respond, they have 3 options:

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    • Folder icon If required - Response to statement of claim
      • Item icon Statement of Defence
        A respondent can oppose a statement of claim by filing and serving a Statement of Defence, form FL-04: r 12.11(1). The statement of defence is used to oppose a statement of claim for divorce and division of family property.

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      • Item icon Statement of Defence
      • Item icon Statement of Defence (Matrimonial Property)
      • Item icon Example content - Statement of defence
      • Item icon Demand for Notice
        A respondent can file a Demand for Notice, form 13, if they want to receive notice of any hearing but do not want to oppose a statement of claim: r 12.11(2). The respondent must file and serve the demand for notice on the applicant.

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      • Item icon Demand for Notice by Defendant(s)
      • Item icon Counterclaim
        If the respondent wants to make a claim against the applicant, the respondent must file a counterclaim: r 12.11(3). The counterclaim can be filed in addition to a statement of defence.

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      • Item icon Counterclaim for Divorce
      • Item icon Counterclaim for Division of Family Property
      • Item icon Counterclaim for Division of Matrimonial Property
      • Item icon Example content - Counterclaim
      • Folder icon If required - Disclosure
        • Item icon Notice to Disclose (Application)
        • Item icon Disclosure Statement Package
        • Item icon Response to Request for Disclosure
        • Item icon Affidavit (Generic)
  • Folder icon D. Filing and service
    • Item icon Electronic filing
      The Family and Divorce King's Bench Filing Digital Service accepts general filing and claims for family law actions in Calgary and Edmonton. In all judicial centres after June 1, 2024, family law documents noted on the list of accepted document types must be filed using the Family and Divorce ...

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    • Item icon Family and Divorce – King’s Bench Filing Digital Service
    • Item icon Guidelines for documents filed by email or digital upload
    • Item icon Email filing procedures and naming conventions
    • Item icon Checklist for filing of electronic documents
    • Item icon Filing in person
      A party can file documents in person at the Court of King's Bench courthouse location. See Locations and Sittings link on the Court of King's Bench of Alberta website for the locations of the court offices. Documents filed in person must be prepared in accordance with the Alberta Rules of Court.

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    • Item icon Filing fees
      When filing documents with the court either electronically or in person, the filing fee must be paid. See the Court fees link on the Alberta Government website for a list of the current fees payable.

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    • Item icon Court fees – Government of Alberta
    • Folder icon If required - Waiver of filing fees
      • Item icon Application for fee waiver and statement of finances
    • Folder icon If required - Late filing
      • Item icon Letter to other side's lawyer requesting consent to late file
      • Item icon Fiat – Family Practice Note 2
    • Item icon Letter to client advising documents have been filed
    • Item icon Service
      Part 11 and Division 10 of Part 12 of Alberta Rules of Court govern the service of documents. The Rules provide for different methods of service depending on whether the document served is a commencement of proceeding document or a document other than a commencement of proceeding ...

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    • Item icon Letter to other side serving documents
    • Item icon Affidavit of Service (Generic)
    • Item icon Affidavit of Service - Applicant
    • Item icon Affidavit of Service - Respondent
    • Item icon Affidavit of Service of Statement of Claim for Divorce (no Children)
    • Folder icon If required - Other forms of service
      • Item icon Substitutional service
        A party can make an application for substitutional service if service of a document is impractical: r 11.28(1) of the Alberta Rules of Court. The party making the application supports the application with an affidavit setting out:

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      • Item icon Application for Substitutional Service
      • Item icon Affidavit in Support of Substitutional Service
      • Item icon Order for Substitutional Service
      • Item icon Validating service in a manner not specified by the Rules
        On application under r 11.27(1) the court can validate service of a document in a manner that is not specified in the Alberta Rules of Court, if the court is satisfied that the method of service was likely to have brought the document to the attention of the person served. If the service is ...

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      • Item icon Setting aside service
        A party, often the respondent, can apply to the court to set aside service: r 11.31(1) of the Alberta Rules of Court. The party can only make the application before they file a demand for notice. The court can set aside the service of a document if the court is satisfied:

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  • Folder icon E. Going to court
    • Item icon Going to court
      When spouses cannot reach an agreement, the divorce application will proceed on a contested basis. In a contested application, both parties must file court documents setting out their position on the issues in dispute.

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    • Item icon Letter to client confirming sole application filed
    • Item icon Dispute resolution
      There are many opportunities for settlement before trial. While preparing for trial, the time and cost involved with a contested proceeding may encourage the parties to reach an agreement. The parties can decide to participate in a dispute resolution process, such as collaborative negotiation, ...

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    • Item icon Letter to other side's lawyer seeking mediation
    • Folder icon If required - Dispute resolution exemption
      • Item icon Letter to court requesting client be excused from attending conference
      • Item icon Application for Dispute Resolution Exemption
      • Item icon Response to Application for Dispute Resolution Exemption
    • Folder icon Library of clauses and orders
      • Folder icon Library of general orders
        • Item icon Adjournment
        • Item icon Direction for filing
        • Item icon Discharging previous orders
        • Item icon Disclosure within 14 days
        • Item icon Experts confer and file joint statement
        • Item icon Expert's report to be filed
        • Item icon Financial statement to be filed
        • Item icon Further affidavits to be filed for interim application
        • Item icon Other applications dismissed
        • Item icon Remove from active pending cases list
        • Item icon Remove hearing from list
        • Item icon Transfer of proceedings
        • Item icon Vacation of hearing date
      • Folder icon Library of children orders
        • Item icon Agreement not to relocate
        • Item icon Alcohol and drugs prohibition
        • Item icon Alcohol not consumed within 12 hours of handover
        • Item icon Change of name - General
        • Item icon Change of name - Hyphenated surname
        • Item icon Change of name - Restrained from using a particular name
        • Item icon Changeovers - At school
        • Item icon Changeovers - Child delivered by
        • Item icon Changeovers - Delivery to home
        • Item icon Changeovers - Location
        • Item icon Changeovers - Not to remain after
        • Item icon Changeovers - Specified person not to attend
        • Item icon Changeovers - Supervised location
        • Item icon Communication - Extensive
        • Item icon Discharging previous orders - All orders
        • Item icon Equal responsibility, living with and spending time with
        • Item icon Live with each party for a period - Week about
        • Item icon Living arrangements relocation and communication
        • Item icon Location order individual
        • Item icon Medical treatment decisions
        • Item icon Medical treatment decisions one party responsible
        • Item icon Medical treatment not without consulting other party
        • Item icon Non-molestation order
        • Item icon Obligation to provide contact details
        • Item icon Overnight away from party's home not permitted
        • Item icon Parental responsibility - No consultation unless major long term issue
        • Item icon Passport - Consent dispensed with - Issue and renewal
        • Item icon Passport - Holding passports pending travel
        • Item icon Passport - Registrar to hold pending orders or consent
        • Item icon Passport consent dispensed with
        • Item icon Passports application not to be made
        • Item icon Passports to be surrendered
        • Item icon Paternity test
        • Item icon Recovery order parties
        • Item icon Refrain from making critical or derogatory remarks
        • Item icon Refrain from psychological intervention
        • Item icon Religious instruction
        • Item icon Restraint from leaving Canada
        • Item icon Schooling - School to attend
        • Item icon Schooling sole responsibility
        • Item icon Sole parental responsibility - Consult and advise other party
        • Item icon Sole parental responsibility - Education
        • Item icon Sole parental responsibility - Exception school and medical
        • Item icon Sole parental responsibility - General
        • Item icon Sole parental responsibility - Major long term issues
        • Item icon Sole parental responsibility - Sporting activities
        • Item icon Spend time alternate weekends one midweek night
        • Item icon Spend time with and communicate as agreed
        • Item icon Spending time - Child's birthday
        • Item icon Spending time - Father's Day and Mother's Day
        • Item icon Spending time - Parent's birthday
        • Item icon Spending time - Refrain from seeing person
        • Item icon Spending time with grandparents
        • Item icon Supervision of time spent with a party
        • Item icon Telephone communication - Every night
        • Item icon Telephone communication - Every other night
        • Item icon Telephone communication - One evening a week
        • Item icon Urinalysis and hair follicle testing - Monthly
        • Item icon Urinalysis and hair follicle testing - Weekly
        • Item icon Varying previous orders
      • Folder icon Library of property orders
        • Item icon Acquisition of other party's interest in property being sold
        • Item icon Assets and liabilities not listed retained by parties
        • Item icon Assets cannot be disposed of or encumbered
        • Item icon Encumbrance or loan redraw not permitted
        • Item icon Exclusive occupation and non molestation
        • Item icon Indemnity
        • Item icon Liberty to apply - Property
        • Item icon Occupation and vacation of property pending sale
        • Item icon Parties to do all things necessary to give effect to orders
        • Item icon Payment of mortgage and property accounts pending sale
        • Item icon Personal property and furniture - Division after valuation
        • Item icon Personal property and furniture - Division in accordance with schedule
        • Item icon Personal property and furniture - Two list division
        • Item icon Possession to be delivered to the other party
        • Item icon Resign - Appoint as director - Secretary - Public officer
        • Item icon Sale of property and division of proceeds
        • Item icon Severance of joint tenancies
        • Item icon Transfer business
        • Item icon Transfer business name
        • Item icon Transfer of all entities companies trusts both business and personal
        • Item icon Transfer property to one party and remortgage
        • Item icon Transfer property to one party and remortgage with sale on default
        • Item icon Transfer shares
    • Folder icon Disclosure
      • Item icon Supporting documents
        The following supporting documents and forms are typically required to prepare the application.

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      • Item icon Letter to client regarding financial disclosure
      • Item icon Statement of income, assets, and liabilities
      • Item icon Disclosure checklist - Property and support claims
      • Item icon Letter to other side's lawyer seeking financial disclosure
      • Item icon Letter to client seeking disclosure documents
      • Item icon Notice to Disclose
      • Item icon Compelling disclosure
        When a party does not make the mandatory disclosure, either party can make an application for financial disclosure by filing the Notice to Disclose/Application, form FL-17. This has the effect of compelling the other party to make financial disclosure within 30 days of the notice.

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      • Item icon Desk applications for notices to disclose
        The applicant serves the Notice to Disclose/Application, form FL-17, on the respondent together with a blank copy of the Response to Request for Disclosure form, KB154.

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      • Item icon Notice to Disclose (Application)
      • Item icon Notice to Disclose (Desk Application)
      • Item icon Disclosure Statement Package
      • Item icon Request for Disclosure Order
      • Item icon Disclosure Order
      • Item icon Response to Request for Disclosure
      • Item icon Affidavit (Generic)
    • Item icon Discovery
      Discovery is the process where the parties gather information from one another in order to prepare their case for trial. The information exchanged during discovery may include financial records, other documents relevant to the matters in dispute, such as a child's health and schooling records, or ...

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    • Item icon Family Docket Court
      The Family Docket Court is a procedural step in the litigation process when the parties discuss the case with a judge prior to scheduling an application in a family law matter. The judge directs the parties towards a process to assist them in reaching an agreement to avoid trial. If the parties ...

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    • Item icon Family Docket Court Endorsement
    • Item icon Notice to Attend Family Docket Court
    • Item icon Early Intervention Case Conference
      The Early Intervention Case Conference is a meeting with a judge to discuss ways the parties can resolve the issues in dispute instead of resorting to trial. The goal of the conference is to encourage the parties to settle or narrow the issues in dispute, and to consider ways to minimize the time ...

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    • Item icon Early Intervention Case Conference Summary Form
    • Item icon Request for an Early Intervention Case Conference (EICC) In a Family Proceeding
    • Item icon After Family Docket Court
    • Item icon Caseflow Conference
      A Caseflow Conference is required when either party is self-represented or when a party requests it. There are no Caseflow Conferences for the Court of King's Bench in Edmonton. The Caseflow Conference is an informal meeting with an experienced Caseflow Coordinator. During the conference, the ...

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    • Item icon Rule 4.10 conferences
      Under r 4.10 of the Alberta Rules of Court, the court can direct the parties to attend a conference with the court. A representative of the court conducts the conference and lays out options that may assist the parties in managing and resolving the litigation. At the conference the parties ...

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    • Item icon Case Conference Summary
    • Item icon Letter to other side's lawyer scheduling a conference
    • Item icon Judicial dispute resolution
      Judicial dispute resolution is a pre-trial settlement meeting that is mediated by a judge. The meeting is confidential. It is run informally in a conference room at the courthouse. The process is voluntary. The parties must consent to meet with the judge. The goal is to avoid trial by giving the ...

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    • Item icon Letter to client regarding judicial dispute resolution conference
    • Item icon Example content - Judicial dispute resolution conference brief
    • Item icon Judicial Dispute Resolution Booking Procedures
    • Item icon Pre-trial conference
      In preparation for trial, the court sends the parties a Notice of Pre-Trial Conference. The notice provides the date and location of the pre-trial conference. The pre-trial conference is an informal meeting with a judge to:

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    • Item icon Family Pre-trial Conference Summary
    • Item icon Request to Schedule a Trial Date
    • Item icon Confirmation of Trial Date
    • Item icon Application for Court to Set a Trial Date
    • Item icon Trial Booking Form
    • Folder icon If required - Offers to settle
      • Item icon Offers to settle
        Division 5 of Part 4 of the Alberta Rules of Court deals with formal offers to settle after the commencement of proceedings.

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      • Item icon Formal Offer to Settle
      • Item icon Example content - Offer to settle
      • Item icon Letter to client enclosing offer to settle for approval
      • Item icon Letter to other side's lawyer serving draft order for signing
      • Item icon Costs consequences of failure to accept offer
        Rule 4.29 entitles an applicant who makes an offer to settle to double the costs they are otherwise entitled to, excluding disbursements, if the offer was not accepted and they obtain a judgment that is equal to or more favourable than the offer. A respondent who makes an offer to settle is ...

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    • Folder icon If required - Consent orders
      • Item icon Consent orders
        Parties in a proceeding at the Court of King’s Bench under the Divorce Act 1985 or Family Property Act 2000, or in a matter that can only be dealt with in the Court of King’s Bench, can request a consent order using the desk application process for matters that are not time-sensitive. A matter that ...

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      • Item icon Request for a Consent Order – Alberta Courts
      • Item icon Consent Order (Blank)
      • Item icon Letter to other side's lawyer submitting draft consent orders
      • Item icon Affidavit of Execution
    • Item icon The trial
      The trial proceeds in accordance with Part 8 of the Alberta Rules of Court. The order of presentation at trial is as follows:

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    • Item icon Factum
    • Item icon Family Order (Generic)
    • Folder icon If required - Protection orders and restraining orders
      • Item icon Originating Application - Protection Against Family Violence Act
      • Item icon King's Bench Protection Order Questionnaire FL-13
      • Item icon Telephone Application for an Emergency Protection Order
      • Item icon Protection/Confirmation/Adjournment Order Template
      • Item icon Family Application
      • Item icon Application for a Restraining Order without Notice in a Family Law Situation
      • Item icon Restraining Order Without Notice
      • Item icon Restraining Order
    • Folder icon If required - Requests
      • Item icon Letter to other side's lawyer seeking financial disclosure
      • Item icon Notice to Produce an Affidavit of Records
      • Item icon Notice to Disclose (Application)
      • Item icon Application - Civil
      • Item icon Notice of Appointment for Questioning
    • Folder icon If required - Applications
      • Item icon Letter to other side's lawyer to schedule an application
      • Item icon Notice to Attend Family Docket Court
      • Item icon Special Chambers Booking Request Form – Alberta Courts
      • Item icon Family Application
      • Item icon Affidavit (Generic)
    • Folder icon If required - Witnesses
      • Item icon Notice to Attend as Witness at Trial
      • Item icon Affidavit of Service (Generic)
      • Item icon Affidavit (Generic)
    • Folder icon If required - Withdrawal
      • Item icon Notice of Withdrawal - Joint Divorce Proceedings
      • Item icon Withdrawal Certificate of Lis Pendens
    • Folder icon If required - Change in representation and withdrawal as lawyer
      • Item icon Notice of Change of Representation
      • Item icon Letter to other side's lawyer advising of change of representation
      • Item icon Notice of Withdrawal of Lawyer of Record
      • Item icon Letter to client serving notice of withdrawal
      • Item icon Notice of Self-appointment of Litigation Representative
    • Folder icon If required - Late filing
      • Item icon Letter to other side's lawyer requesting consent to late file
      • Item icon Fiat - Family Practice Note 2
      • Item icon Letter to client advising documents have been filed
    • Folder icon Library of additional forms
      • Item icon Claim - Family Law Act
      • Item icon Statement – Irreconcilability
      • Item icon Reply Statement – Irreconcilability
      • Item icon Response - Family Law Act
      • Item icon Notice to Reply to Written Interrogatories (Application)
      • Item icon Family Application
      • Item icon Corollary Relief Order
      • Item icon Special Chambers Booking Request Form
      • Item icon Budget of Expenses
      • Item icon Undertaking Not to Appeal Divorce Judgment
      • Item icon Fiat Template – Family Practice Note 2
      • Item icon Affidavit (Generic)
    • Item icon Costs
      Apportioning costs Generally, a successful party in an application, proceeding, or action is entitled to a costs award against the unsuccessful party, subject to certain conditions and the discretion of the court: r 10.29(1) of the Alberta Rules of Court.

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    • Item icon Appointment for Assessment of Costs
    • Item icon Bill of Costs
    • Item icon Subsequent Bill of Costs
    • Item icon Appeals
      Part 14 of the Alberta Rules of Court sets out the procedure for the appeals process.

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    • Item icon Notice of Appeal
    • Item icon Civil Notice of Appeal – Court of Appeal of Alberta
    • Item icon Get an appeal record – Alberta Government
  • Folder icon F. Finalizing the divorce
    • Item icon Determination of application
      In the case of an uncontested application, once submitted, a judge will either grant the divorce by signing the Divorce Judgment or reject the application. The decision usually takes about 1 month. If the application is rejected, the court will confirm what it requires, which may involve one ...

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    • Item icon When a divorce order takes effect
      Generally, the divorce takes effect 31 days after the day the divorce order was granted: s 12(1) of the Divorce Act 1985. These 31 days are the appeal period. An appeal can be filed during this time but is uncommon. Remarriage is possible after this time. The court has the power to ...

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    • Item icon Letter to client enclosing divorce judgment
    • Item icon Certificate of Divorce
      A request for a Certificate of Divorce can be made 31 days after the date the Divorce Judgment was granted. Requests are made by completing the online Certificate of Divorce – Request Form on the Court of King's Bench website. A Certificate of Divorce is required to remarry.

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    • Item icon Letter to client enclosing copy of Certificate of Divorce
  • Folder icon G. Finalizing the matter
    • Item icon Finalizing the matter
      Once negotiations or court proceedings are finalized, the file needs to be properly finalized and not left to languish. This primarily involves implementing the terms of an agreement or orders. This requires ensuring:

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    • Item icon Letter to client finalizing the matter
    • Item icon Invoice recital - Divorce
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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