Contesting a Divorce

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 409-436

409

Chapter 23 Contesting a Divorce

CHAPTER 23

is chapter completes a contested divorce case and also oers an overview of steps in

simple/sole and joint divorces.

CONTESTED DIVORCE

A typical contested divorce proceeds to trial in these steps:

1. Answer 6. Trial record

2. Reply 7. Trial

3. Case conference 8. Divorce order

4. Settlement conference 9. Certicate of divorce

5. Trial management conference

HAVISHAM, Maria Shelley

Re: Divorce

e answer of the respondent, Brian Havisham, is in Precedent 23.1. e

respondent claims that the applicant refuses to look for a job and is, therefore,

not entitled to spousal support. In the reply, Precedent 23.2, the applicant states

that it is impossible for the applicant to manage the children’s music careers and

also hold down a job. We scheduled a case conference and served and led a case

conference brief, Precedent 23.4, in the hopes that the parties would nd common

ground and settle; however, nothing much was achieved at the case conference,

and the court scheduled a settlement conference at which the parties were able

to hammer out all of the outstanding issues. In the divorce order, Precedent

23.7, Justice Mandamus did not award support for our client, the applicant. On

behalf of our client, we obtained the certicate of divorce, Precedent 23.8, which

concludes this divorce case.

ANSWER

Rule 10 of the Family Law Rules provides for answering a case using Form 10 answer, Preced-

ent 23.1. e answer is parallel to a statement of defence in regular actions, in that it tells the

CONTESTING A

DIVORCE

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410 Legal Office Procedures

respondent’s side of the stor y and permits the respondent to make a claim, if any, of his or

her own. Form 10 is simple to complete. If you are using the DIVORCEmate software, the

program automatically inputs information from the initial database into pages 1A and 1B which

are generated for user convenience only and, unless otherwise instructed, may be omitted as they

are not part of the prescribed Form 10.

Within thirty days after service of the application and attachments on the respondent,

1. Prepare the following documents:

• Form 10 answer

• Financial statement mirroring the type which the applicant served on the respondent,

together with the respondent’s income tax returns and notices of assessment for the past

three years, or an income and deduction printout from the Canada Revenue Agency

• Form 13A certicate of nancial disclosure

• Form 35.1 (decision-making responsibility, parenting time, contact), if applicable

• Updated continuing record table of contents, adding the above documents, as applicable

2. Serve the above documents on the applicant and le the originals in the continuing record in

the court oce, together with an adavit of service (Form 6B), except le only the notices of

assessment for the past three years, not the income tax returns.

REPLY

Subrule 10(6) of the Family Law Rules provides for replying in a case using Form 10A

reply, Precedent 23.2. e reply is the applicant’s response to the respondent’s answer.

e applicant must serve and le a reply usually only where the respondent’s answer

raises a new issue that is not already in the applicant’s application. Within ten days after

service of the answer, the applicant must serve a reply, if any, on the respondent with

an updated continuing record table of contents, and le the original in the continuing

record, together with an adavit of service of the reply.

CASE CONFERENCE

Under Rule 17 of the Family Law Rules, at least one case conference must be scheduled in every

family law case, including a divorce case, for the purpose of exploring the possibility of settle-

ment, narrowing any outstanding issues, and setting a date for the next step. e par ties and their

lawyers are expected to attend all conferences, unless the court orders otherwise. Either party may

request a case conference, but it is usually the applicant who requests it. In preparation for the

case conference, prepare the following documents:

1. Form 17 conference notice, Precedent 23.3.

2. Form 17A case conference brief, Precedent 23.4.

3. (a) Any new or updated nancial statement or

(b)

Any adavit either stating no changes in the rst nancial statement or giving details

of

any minor changes.

4. Form 17F conrmation of conference, Precedent 23.6.

5. An updated copy of the continuing record table of contents, adding the above documents, as

applicable.

6. Form 6B adavit of service.

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