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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 and cohabitation agreements;
    • Separation agreement;
    • Parenting plan;
    • Family arbitration agreement
  • Example content for:
    • Notice of family claim, response and counterclaim, offer to settle, 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
    This guide focuses on obtaining divorce orders. It also addresses corollary relief, including parenting orders, child support, spousal support, and property division. For detailed guidance on those claims, see the Children (AB) and Property Division (AB) guides. If parties wish to formalize their ...

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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 - Joint applications
    • Item icon To do list - Divorce - Uncontested
    • Item icon To do list - Divorce - Contested
    • Item icon To do list - Divorce - Extensive
    • 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 - Divorce
    • Item icon Initial letter to client confirming instructions and enclosing retainer agreement - Divorce - Joint application
    • 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 - Updating costs disclosure and non-engagement
      • Item icon Letter to client updating costs disclosure
      • Item icon Letter to client advising non-engagement
    • 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. Initial considerations
    • Item icon Limitation periods
      A limitation period is the time within which a legal action must be commenced. In divorce proceedings, the following timelines apply:

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    • Item icon Arrangements for the care of the children
      Under s 11(1)(b) of the Divorce Act 1985, a lack of reasonable arrangements for the care of the children of the marriage is a bar to divorce. Reasonable arrangements address matters such as:

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    • Item icon Foreign divorce order and corollary relief in Canada
      A valid foreign divorce order may be recognized and enforced in Canada under s 22(1) of the Divorce Act 1985. Generally, Canadian courts require a connection between the parties and the jurisdiction that granted the divorce. Under the Act, a foreign divorce judgment may be recognized if either ...

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    • Item icon Basic requirements for a divorce judgment in Alberta
      To obtain a divorce judgment in Alberta, the parties must be legally married. In addition, they must:

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    • Item icon Grounds for divorce
      Canada has a no-fault divorce system under the Divorce Act 1985, meaning that neither party must prove the other's wrongdoing to obtain a divorce. Instead, the court may grant a divorce on the basis of breakdown of the marriage: s 8(1). The Act provides 3 grounds to establish a breakdown ...

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    • Item icon Duties of parties, legal advisers, and the court
      The duties of the parties and their legal advisers in a proceeding are set out in ss 7.1 to 7.7 of the Divorce Act 1985. The duties of the court are set out in ss 7.8, 10, and 11.

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  • Folder icon C. Family Focused Protocol
    • Item icon Family Focused Protocol (FFP)
      The Family Focused Protocol (FFP) is a set of processes for family and divorce proceedings at the Court of King's Bench. Under the FFP, parties may submit applications and commence family matters through one of three streams:

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    • Folder icon Regular family process
      • Item icon Regular family process
        The regular family process applies to family matters in which the parties require the court's assistance to make a final determination on one or more issues, such as spousal support or the division of property. The steps in the regular family process are:

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      • Item icon Commencing an action
        A party commences an action by filing and serving one of the following documents:

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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 Mandatory requirements
        A party seeking relief through the regular family process must complete the mandatory requirements set out in the Family Justice Strategy Mandatory Requirements notice. If both parties are seeking relief, either interim or final, each must complete the mandatory requirements or obtain a waiver or ...

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      • Item icon Financial Disclosure Statement
      • Item icon Disclosure Statement Package
      • Item icon Cunningham Disclosure
      • Item icon Letter to other side's lawyer seeking mediation
      • Item icon Participation in Alternative Dispute Resolution
      • Item icon Request to Waive/Defer Mandatory Requirements
      • Folder icon Mandatory Intake Triage Conference
        • Item icon Filing documents to request a Mandatory Intake Triage Conference
          A party seeking interim or final relief through the regular family process must file and serve a Mandatory Intake Triage (MIT) Package to schedule a Mandatory Intake Triage Conference. If both parties are seeking interim or final relief, each party must prepare, file, and serve their own MIT ...

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        • Item icon Request for Mandatory Intake Conference – Alberta.ca
        • Item icon Mandatory Intake Triage Summary – Alberta.ca
        • Item icon Financial Disclosure Statement
        • Item icon Disclosure Statement Package
        • Item icon Cunningham Disclosure
        • Item icon Participation in Alternative Dispute Resolution
        • Item icon Family Application
        • Item icon Affidavit (Generic)
        • Item icon Family Law Practice Note 2 – Family Law Applications – Court of King’s Bench of Alberta
        • Item icon Affidavit of Service (Generic)
        • Item icon Attending the Mandatory Intake Triage Conference
          The Mandatory Intake Triage (MIT) Conference is a 1 hour hearing before the assigned Mandatory Intake Triage (MIT) Justice. It is held in a courtroom, on the record. Remote attendance may be permitted in exceptional circumstances. A party seeking a remote hearing must complete and submit the ...

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        • Item icon Hearing Mode Request Form – Court of King’s Bench of Alberta
      • Folder icon Settlement Conference
        • Item icon Settlement Conference
          The purpose of the Settlement Conference is to attempt to resolve all remaining issues between the parties without proceeding to trial. With the consent of both parties, a binding Settlement Conference may be requested using the Joint Request for Settlement Conference form.

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        • Item icon Joint Request for Settlement Conference Date – Government of Alberta
        • Item icon Civil & Family Justice Seized Booking Request Form – Court of King’s Bench of Alberta
        • Item icon Settlement Conference memorandum
      • Folder icon Attending the Case Conference
        • Item icon Attending the Case Conference
          At least 14 days before the Case Conference, counsel for the parties must exchange Family Law Conference Summary forms and submit a copy to the MIT/Case Conference Justice: see Family Law Practice Note 3. The Settlement Conference Justice may direct counsel to prepare a draft Litigation Plan ...

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        • Item icon Family Practice Note 3 – Family Law Conferences (for matters under Part 12 of the Albert Rules of Court) – Court of King’s Bench of Alberta
        • Item icon Streamlined Trial Order (Family)
        • Item icon Litigation Plan Order (Family) – Alberta Courts
        • Item icon Family Pre-Trial Conference Summary
    • Folder icon Desk process
      • Item icon Desk process
        Under the Family Focused Protocol (FFP), there are 2 desk process streams available.

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      • Item icon Email Filing Procedures & Naming Conventions – Alberta Courts
      • Folder icon Requests to waive or defer mandatory requirements
        • Item icon Requests to waive or defer mandatory requirements
          To request a waiver or deferral of the mandatory requirements, the applicant must file the Request to Waive/Defer Mandatory Requirements form. The request must be submitted after filing and service a commencement document but before filing the Mandatory Intake Triage (MIT) Package. A MIT Package ...

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        • Item icon Request to Waive/Defer Mandatory Requirements
      • Folder icon Requests for a meeting with Resolution Counsel
        • Item icon Requests for a meeting with Resolution Counsel
          To request a meeting with Resolution Counsel, the applicant must file a Request for Meeting with Resolution Counsel Desk Application form. The mandatory requirements apply to these requests. Parties must have completed the mandatory requirements and filed and served a commencement of proceedings ...

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        • Item icon Request for Meeting with Resolution Counsel Desk Application – Government of Alberta
        • Item icon Accessibility features for meetings and webinars – Webex Help Center
      • Folder icon Time-sensitive consent orders
        • Item icon Time-sensitive consent orders
          Under the Family Focused Protocol (FFP), time-sensitive consent orders follow the Family Justice Strategy as outlined in the Joint Announcement: Family Justice Strategy Desk Consent Order Process. Under this process, the parties must:

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        • Item icon Joint Announcement: Family Justice Strategy Desk Consent Order Process – Alberta Courts
        • Item icon Request for 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
      • Folder icon Notice to disclose applications
        • Item icon Notice to disclose applications
          A Notice to Disclose application made pursuant to r 12.41 can result in a Disclosure Order if the other party fails to provide the required disclosure. The application can only be submitted after an action has been commenced. To make the application, the applicant must file and serve:

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        • Item icon Notice to Disclose (Desk Application)
        • Item icon Response to Request for Disclosure
        • Item icon Affidavit of Service (Generic)
        • Item icon Financial Disclosure Statement
        • Item icon Disclosure Statement Package
        • Item icon Cunningham Disclosure
        • Item icon Request for Disclosure Order
        • Item icon Notice of No Response to Simple Desk Application
        • Item icon Disclosure Order
      • Folder icon Desk divorce applications
        • Item icon Desk divorce applications
          The desk divorce process for joint or uncontested divorces remains unchanged under the Family Focused Protocol (FFP). This process allows parties who have:

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        • Item icon Desk Divorce Package Checklist
      • Folder icon Non-urgent consent orders
        • Item icon Non-urgent consent orders
          If the parties agree to a consent order under the Divorce Act 1985 or Family Property Act 2000, or in any matter that can only be dealt with in the Court of King’s Bench, they must submit the following documents by email:

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        • Item icon Request for 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
    • Folder icon Urgent process
      • Item icon Urgent process
        The urgent process applies to matters where circumstances do not allow for delay, including:

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      • Item icon Urgent Request/Bypass Family Docket Court – Alberta Courts
      • Item icon Family Application
      • Item icon Affidavit (Generic)
      • Folder icon If required - Exclusive possession of family home and household goods
        • Item icon Family Application
        • Item icon Affidavit (Generic)
        • Item icon Statement - Exclusive Possession of Family Home Household Goods
        • Item icon Reply Statement - Exclusive Possession of Family Home (Household Goods)
        • Item icon Order for Exclusive Possession of Family or Matrimonial Home
      • Folder icon If required - Protection orders and restraining orders
        • Item icon Family Application
        • Item icon King's Bench Protection Order Questionnaire
        • Item icon Affidavit (Generic)
        • Item icon Protection Confirmation Adjournment Order Template
        • Item icon Telephone Application for an Emergency Protection Order
        • 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 D. Divorce and corollary relief
    • Item icon Divorce and corollary relief
      This guide provides information and precedents for obtaining divorce orders and corollary relief, including orders relating to children, spousal support, and property division. Spouses may commence divorce proceedings and seek corollary relief either before or after a divorce judgment is granted.

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    • Folder icon Disclosure of information
      • Item icon Financial disclosure
        The exchange of financial disclosure is mandatory when a party seeks court relief for child support, spousal support, or division of family property. Under the Family Focused Protocol (FFP), financial disclosure is a mandatory requirement. Each party must complete, file, and serve financial ...

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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 Disclosure Statement Package
      • Item icon Financial Disclosure Statement
      • Item icon Cunningham disclosure
        Named after the Alberta Court of Appeal decision in Cunningham v. Seveny, 2017 ABCA 4 (CanLII), a Cunningham disclosure applies to individuals who earn income through self-employment or a closely held corporation. When determining income for child and spousal support, these individuals must ...

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      • Item icon Cunningham Disclosure
      • Folder icon Affidavit of records
        • Item icon Affidavit of records
          In a proceeding under the Divorce Act 1985, a party may be required to prepare an affidavit of records disclosing all records that are relevant and material to the issues in the action: r 12.38. Either party may require the production of an affidavit of records by filing and serving a Notice ...

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        • Item icon Notice to Produce an Affidavit of Records
        • Item icon Affidavit of Records
        • Item icon Letter to other side's lawyer serving affidavit of records
      • Folder icon Written questioning
        • Item icon Written questioning
          In a proceeding under the Divorce Act 1985, a party may file and serve on the other party a Notice to Reply to Written Interrogatories (Application) form FL-16, setting out up to 30 succinct questions: r 12.40. This process may be used once before the final determination of the ...

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        • Item icon Notice to Reply to Written Interrogatories (Application)
        • Item icon Affidavit (Generic)
      • Folder icon Notice to disclose
        • Item icon Notice to disclose
          When a party fails to provide mandatory financial disclosure, either party can make an application to compel disclosure: r 12.41. A Notice of Disclose requires the responding party to provide specified documents within 30 days or to explain why the documents cannot be provided.

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        • Item icon Notice to Disclose (Desk Application)
        • Item icon Response to Request for Disclosure
        • Item icon Affidavit of Service (Generic)
        • Item icon Financial Disclosure Statement
        • Item icon Cunningham Disclosure
        • Item icon Request for Disclosure Order
        • Item icon Notice of No Response to Simple Desk Application
        • Item icon Disclosure Order
    • Folder icon Children
      • Item icon Children
        Under the Divorce Act 1985, corollary relief orders relating to children of the marriage include:

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      • Folder icon Child support
        • Item icon Child support
          The court will 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. Reasonable arrangements include child support. Either spouse can make an application to the Court of King's Bench for a ...

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        • Item icon Federal Child Support Guidelines – Government of Canada
        • Item icon 2025 simplified tables – Government of Canada
        • Item icon Section 7 special and extraordinary expenses
          Under s 7 of the Guidelines, a court can order child support equal to the table amount plus additional amounts to cover certain expenses, including:

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        • Item icon Disclosure Statement Package
        • Item icon Financial Disclosure Statement
        • Item icon Cunningham Disclosure
        • Item icon Child support agreement
        • Item icon Letter to other side sending child support agreement
        • Item icon Letter to other side's lawyer in response to proposed child support agreement
        • Item icon Child support orders - Retroactive
        • Item icon Orders for child support sought or agreed
        • Item icon Corollary Relief Order
        • Item icon Child Support Recalculation Program – Government of Alberta
        • Item icon Registration Request – Child Support Recalculation Program – Government of Alberta
        • Item icon Letter to Child Support Recalculation Program enclosing documents for registration
        • Item icon Interjurisdictional support forms – Government of Alberta
      • Folder icon Parenting orders
        • Item icon Parenting orders
        • Item icon Best interests of the child
          Section 16 of the Divorce Act 1985 provides that, when making a parenting order, the court must consider only the best interests of the child. Primary consideration is given to the child’s physical, emotional, and psychological safety, security, and well-being. In determining the child's best ...

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        • Item icon Apply for a Custody and Access Order – 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
        • Item icon Letter to client enclosing final parenting orders
        • Item icon Corollary Relief Order
      • Folder icon Parenting plan
        • Item icon Parenting plan
          A parenting plan is a document, or part of a document, that sets out the parties' agreed arrangements for:

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        • Item icon Parenting plan
        • Item icon Letter to other side with draft 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 Relocation
        • Item icon Relocation
          Relocation refers to a parent's proposed move that is likely to have a significant impact on a child's relationship with a person who has parenting time, decision-making responsibility, or contact under a contact order. Section 16.9 requires the relocating parent to give at least 60 days ...

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        • Item icon Letter to other side providing notice of relocation
    • Folder icon Property division
      • Item icon Property division
        The Family Property Act 2000 governs the division of property between married spouses. Property division includes both assets and liabilities and may encompass property acquired before, during, and after the marriage, up to the time the spouses enter into a written property division agreement or ...

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      • Item icon Classification of property worksheet
      • Item icon Financial Disclosure Statement
      • Item icon Disclosure Statement Package
      • Item icon Cunningham Disclosure
      • 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
      • Item icon Certificate of Lis Pendens - Land Titles Act
      • Item icon Withdrawal Certificate of Lis Pendens
      • Item icon Agreement to protect spousal equity in home
      • Item icon Family Property Act Acknowledgement
      • Folder icon Exclusive possession of the family home
        • Item icon Exclusive possession of the family home
          Under Part 2 of the Family Property Act 2000, either spouse may make an application for an order granting exclusive possession of the family home: s 19. The court may order that one spouse have exclusive possession of the family home, that a spouse be evicted from the home, or that a ...

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        • Item icon Urgent Request/Bypass Family Docket Court – Alberta Courts
        • Item icon Family Application
        • Item icon Affidavit (Generic)
        • Item icon Claim - Family Law Act
        • Item icon Statement - Exclusive Possession of Family Home Household Goods
        • Item icon Response - Family Law Act
        • Item icon Reply Statement - Exclusive Possession of Family Home (Household Goods)
        • Item icon Originating Application
        • Item icon Order for Exclusive Possession of Family or Matrimonial Home
    • Folder icon Spousal support
      • Item icon Spousal support
        Spousal support is financial assistance paid by one spouse to the other following the breakdown of a marriage. A married spouse may apply for spousal support under s 15.2(1) of the Divorce Act 1985.

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      • Item icon Spousal Support Advisory Guidelines July 2008 – Government of Canada
      • Item icon Federal Child Support Guidelines – Government of Canada
      • Item icon Financial Disclosure Statement
      • Item icon Disclosure Statement Package
      • Item icon Cunningham Disclosure
      • Item icon Clause - Spousal support order
      • Item icon Corollary Relief Order
    • Folder icon Separation agreements
      • Item icon Separation agreements
        Parties may enter into a separation agreement addressing matters such as parenting time, decision-making responsibility, child or spousal support, and division of property. Once signed, a separation agreement is binding on the parties, provided there is no undue influence or duress and each party:

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      • Item icon Separation agreement
      • Item icon Letter to client regarding separation agreement and financial disclosure
      • Item icon Disclosure checklist - Property and support claims
      • Item icon Letter to other side with draft separation agreement
      • Item icon Letter to other side's lawyer with draft separation agreement
      • Folder icon DivorceMate Agreements
        • Item icon Collaborative Separation Agreement
        • Item icon Parenting Plan
        • 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
    • Folder icon If required - Maintenance Enforcement Program
      • Item icon Register your case – Maintenance Enforcement Program
      • Item icon Maintenance Enforcement Support Agreement Form
    • 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 E. Commencing divorce proceedings
    • Item icon Commencing the divorce proceeding
      Under the Family Focused Protocol (FFP), a divorce proceeding can follow either the regular family process or the desk divorce process. The application may be joint, uncontested, or contested. Mandatory requirements may apply depending on the circumstances. For example, the Parenting After ...

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    • Item icon Statement of claim for divorce
      A divorce proceeding is commenced under Part 12 of the Alberta Rules of Court and the Divorce Act 1985. The court process to obtain a divorce judgment depends on whether the spouses agree on the terms of the divorce, including corollary relief. Under the Family Focused Protocol (FFP), spouses ...

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    • Item icon Example content - Statement of claim
    • Folder icon Mandatory requirements
      • Item icon Complete the applicable mandatory requirements
        Under the Family Focused Protocol (FFP), parties seeking relief through the regular family process must complete the mandatory requirements unless a waiver or deferral is granted. The applicability of these requirements depends on the relief sought and whether the party is represented by counsel. ...

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      • Item icon Parenting After Separation course
        The Parenting After Separation course is intended for parents who are separating or divorcing and seeking relief related to children under 18 years of age. The 3 hour course provides information on the effects of separation and divorce on children, effective communication strategies, and ...

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      • Item icon Parenting After Separation course – Government of Alberta
      • Item icon Alternative dispute resolution process
        The alternative dispute resolution (ADR) requirement applies to parties seeking any type of family law relief. ADR provides an opportunity to resolve issues and reach agreements with the assistance of a neutral third party who facilitates discussions. Parties must attempt ADR for any issues they ...

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      • Item icon Participation in Alternative Dispute Resolution
      • Item icon Providing financial disclosure
        Under the Family Focused Protocol (FFP), any party seeking child support, spousal support, or division of property must file and serve financial disclosure on the other party as a mandatory requirement. This includes Cunningham disclosure for business owners who deduct expenses for income tax ...

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      • Item icon Financial Disclosure Statement
      • Item icon Disclosure Statement Package
      • Item icon Cunningham Disclosure
      • Item icon Waiver or deferral from mandatory requirements
        An application to waive or defer any of the 4 mandatory requirements must be made through a desk process. See the Requests to waive/defer mandatory requirements section of this commentary for instructions on making a request. In the desk process, the party requesting the waiver or deferral ...

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      • Item icon Request to Waive/Defer Mandatory Requirements
    • Folder icon Joint divorce applications
      • Item icon Joint application for divorce
      • Item icon Letter to other side requesting joint application
      • Item icon Desk divorce process for joint divorce applications
        Spouses can file a joint divorce application whether or not dependent children are involved. A joint divorce application is either:

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      • Folder icon Joint divorce with dependent children
        • Item icon Joint divorce with dependent children
          For a desk application for a joint divorce with dependant children, the parties must file the following documents with the court:

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        • 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 Summary of Child Support Guideline Calculations – Alberta Courts
        • Item icon Joint Divorce Judgment and Corollary Relief Order (without Oral Evidence)
        • Item icon Desk Divorce Package Checklist
      • Folder icon Joint divorce without dependent children
        • Item icon Joint divorce without dependent children
          For a desk application for joint divorce without dependent children, the parties must file the following documents with the court:

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        • 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 Desk Divorce Package Checklist
      • Folder icon If required - Withdrawing from joint divorce proceedings
        • Item icon Withdrawal from joint divorce proceedings
          Either party may withdraw from joint divorce proceedings under the Divorce Act 1985: r 12.13(3) of the Alberta Rules of Court. To withdraw, the party must file a Notice of Withdrawal – Joint Divorce Proceedings, form FL-09.

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        • Item icon Notice of Withdrawal - Joint Divorce Proceedings
        • Item icon Affidavit of Service (Generic)
        • Item icon Statement of Defence
        • Item icon Counterclaim for Divorce
        • Item icon Counterclaim for Divorce and Division of Family Property
        • Item icon Demand for Notice by Defendant(s)
    • Folder icon Uncontested divorce proceedings
      • Item icon Uncontested divorce proceedings
        A divorce is considered uncontested in the following circumstances:

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      • Item icon Desk process for uncontested divorce applications
        An uncontested divorce application can proceed as either:

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      • Folder icon Uncontested divorce with dependent children
        • Item icon Uncontested divorce with dependent children
          In a divorce application with dependent children, the plaintiff must file a Statement of Claim for Divorce, form FL-01 with the court. The plaintiff must file the statement of claim, pay the court fee for filing, and obtain an issued copy bearing a court file number. The plaintiff must then arrange ...

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        • Item icon Statement of Claim for Divorce
        • Item icon Family Practice Note 1 Parenting After Separation – Court of King’s Bench of Alberta
        • Item icon Affidavit of Service - Divorce
        • Item icon Noting in Default
        • Item icon Request for Divorce (without Oral Evidence) - by Plaintiff
        • Item icon Affidavit of Applicant for Divorce
        • Item icon Summary of Child Support Guideline Calculations – Alberta Courts
        • Item icon Divorce Judgment and Corollary Relief Order (without Oral Evidence)
        • Item icon Affidavit of Execution
        • Item icon Desk Divorce Package Checklist
        • Item icon Financial Disclosure Statement
        • Item icon Disclosure Statement Package
        • Item icon Cunningham Disclosure
      • Folder icon Uncontested divorce without dependent children
        • Item icon Uncontested divorce without dependent children
          In a divorce proceeding without dependent children involved, the plaintiff must file a Statement of Claim for Divorce, form FL-01 with the court. The plaintiff must file the statement of claim, pay the court fee for filing, and obtain an issued copy bearing a court file number. The plaintiff must ...

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        • Item icon Statement of Claim for Divorce
        • Item icon Affidavit of Service - Divorce
        • Item icon Affidavit of Service of Statement of Claim for Divorce (No Children) – Court of King’s Bench of Alberta
        • Item icon Noting in Default
        • Item icon Request for Divorce (without Oral Evidence) - by Plaintiff
        • Item icon Affidavit of Applicant for Divorce
        • Item icon Divorce Judgment and Corollary Relief Order (without Oral Evidence)
        • Item icon Divorce Judgment (without Oral Evidence)
        • Item icon Affidavit of Execution
        • Item icon Desk Divorce Package Checklist
        • Item icon Financial Disclosure Statement
        • Item icon Disclosure Statement Package
        • Item icon Cunningham Disclosure
      • Folder icon If required - Defendant makes a counterclaim
        • Item icon An uncontested divorce where the defendant makes a counterclaim
          A divorce proceeding can proceed using the desk process even if the defendant responds by filing and serving a Counterclaim for Divorce, form FL-05. In these circumstances, the plaintiff does not note the defendant in default. Instead, before the desk process may be used, the parties must resolve ...

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        • Item icon Counterclaim for Divorce
        • Item icon Request for Divorce (without Oral Evidence) - by Plaintiff
        • Item icon Request for Divorce (without Oral Evidence) - by Defendant
        • Item icon Affidavit of Applicant for Divorce
        • Item icon Divorce Judgment and Corollary Relief Order (without Oral Evidence)
        • Item icon Divorce Judgment (without Oral Evidence)
        • Item icon Desk Divorce Package Checklist
        • Item icon Financial Disclosure Statement
        • Item icon Disclosure Statement Package
        • Item icon Cunningham Disclosure
    • Folder icon Contested divorce proceedings
      • Item icon Contested divorce proceedings
        A contested divorce proceeding occurs when the plaintiff commences a divorce action and the defendant files a response. In contested applications, the matter proceeds through the regular family process in the Family Focused Protocol (FFP).

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      • Item icon Regular family process for contested divorce proceedings
        The regular family process for contested divorce proceedings generally involves the following steps:

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      • Folder icon Step 1: mandatory requirements
        • Item icon Step 1: mandatory requirements
          Under the regular family process, the party commencing the action must first complete the mandatory requirements including:

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        • Item icon Family Practice Note 1 Parenting After Separation – Court of King’s Bench of Alberta
        • Item icon Participation in Alternative Dispute Resolution
        • Item icon Financial Disclosure Statement
        • Item icon Disclosure Statement Package
        • Item icon Cunningham Disclosure
      • Folder icon Step 2: commencing the action
        • Item icon Step 2: commencing the action
          After completing the mandatory requirements, the plaintiff commences the divorce proceeding by filing either:

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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 Affidavit of Service - Divorce
        • Item icon Affidavit of Service of Statement of Claim for Divorce (No Children) – Court of King’s Bench of Alberta
        • Item icon Statement of Defence
        • Item icon Counterclaim for Divorce
        • Item icon Counterclaim for Division of Family Property
        • Item icon Counterclaim for Divorce and Division of Family Property
        • Item icon Demand for Notice by Defendant(s)
        • Item icon Noting in Default
      • Folder icon Step 3: filing documents for the Mandatory Intake Triage Conference
        • Item icon Step 3: filing documents for the Mandatory Intake Triage (MIT) Conference
          If the defendant responds and the parties do not reach an agreement on relief or the terms of the divorce, the plaintiff must prepare and file a Mandatory Intake Triage (MIT) Package using the King's Bench Filing Digital Service. Refer to the Filing documents to request a Mandatory Intake Triage ...

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        • Item icon Request for Mandatory Intake Triage (MIT) Conference
        • Item icon Mandatory Intake Triage Summary
        • Item icon Disclosure Statement Package
        • Item icon Financial Disclosure Statement
        • Item icon Cunningham Disclosure
        • Item icon Family Application
        • Item icon Affidavit (Generic)
        • Item icon Family Law Practice Note 2 Family Law Applications – Court of King’s Bench Albert
        • Item icon Affidavit of Service (Generic)
      • Folder icon Step 4: attending the Mandatory Intake Triage (MIT) Conference
        • Item icon Step 4: attending the Mandatory Intake Triage (MIT) Conference
          The plaintiff and the defendant are required to attend the Mandatory Intake Triage (MIT) Conference in person before the Mandatory Intake Triage (MIT) Justice. In exceptional circumstances, the conference may be held remotely. See the Attending the Mandatory Intake Triage Conference section of this ...

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        • Item icon Hearing Mode Request Form – Court of King’s Bench of Alberta
      • Folder icon Step 5: attending a Settlement Conference
        • Item icon Step 5: attending a Settlement Conference
          The plaintiff and defendant schedule the Settlement Conference by filing a Joint Request for Settlement Conference form. To complete the booking request, the parties must also submit a Civil & Family Justice Seized Booking Request form. In preparation for the conference, the plaintiff and ...

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        • Item icon Joint Request for Settlement Conference
        • Item icon Civil & Family Justice Seized Booking Request
        • Item icon Settlement Conference memorandum
        • Item icon Consent Order (Blank)
        • 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 Step 6: Case Conference and litigation plans
        • Item icon Step 6: Case Conference and litigation plans
          The Settlement Conference Justice may direct the parties to attend a Rule 4.10 Case Conference with their assigned MIT/Case Conference Justice to:

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        • Item icon Case Conference Summary
        • Item icon Family Practice Note 3 Family Law Conferences – Court of King’s Bench of Alberta
        • Item icon Family Pre-Trial Conference Summary
        • Item icon Affidavit of Records
        • Item icon Letter to other side's lawyer serving affidavit of records
        • Item icon Streamlined Trial Order (Family)
        • Item icon Litigation Plan Order (Family)
        • Item icon Request to Schedule a Trial Date
        • Item icon Application for Court to Set a Trial Date
        • Item icon Trial Booking Form
        • Item icon Confirmation of Trial Date
      • Folder icon Step 7: the trial
        • Item icon Step 7: the trial
          The regular family process concludes with the matter proceeding to trial. See The trial section of this commentary for an overview of the trial process.

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    • Folder icon Responding to a divorce proceeding
      • Item icon Responding to a divorce proceeding
        The defendant has the following time frames to respond to a commencement of divorce proceeding:

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      • Folder icon Statement of defence
        • Item icon Statement of defence
          A defendant can oppose a Statement of Claim for Divorce, form FL-01 or Statement of Claim for Divorce and Division of Family Property, form FL-03 by filing and serving a Statement of Defence, form FL-04: r 12.11(1). The statement of defence must specify which allegations or claims in the ...

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        • Item icon Example content - Statement of defence
        • Item icon Statement of Defence
        • Item icon Defence to Counterclaim
        • Item icon Affidavit of Service (Generic)
      • Folder icon Demand for notice
        • Item icon Demand for notice
          A defendant can file a Demand for Notice, form 13, to receive notice of proceedings without opposing the claim: r 12.11(2).

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        • Item icon Demand for Notice by Defendant(s)
        • Item icon Affidavit of Service (Generic)
      • Folder icon Counterclaim
        • Item icon Counterclaim
          If the defendant wishes to make a claim against the plaintiff, they must file a counterclaim using one of the following forms:

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        • Item icon Example content - Counterclaim
        • Item icon Counterclaim for Divorce
        • Item icon Counterclaim for Division of Family Property
        • Item icon Counterclaim for Divorce and Division of Family Property
        • Item icon Affidavit of Service (Generic)
      • Folder icon Noting in default
        • Item icon Noting in default
        • Item icon Noting in Default
    • Folder icon Required documents
      • Item icon Required documents
        The following documents are required to prepare a statement of claim for divorce:

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      • Item icon Court orders
        Court orders are included in the documents filed to obtain a divorce and can relate to:

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      • Item icon Family law agreements
        Existing family law agreements are integral to a desk divorce application. They confirm to the court that corollary relief issues have been resolved and parenting arrangements are in place. A copy of the agreement, either in whole or the relevant sections, is attached as an exhibit to the:

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      • Item icon Notice to Disclose (Application)
      • Item icon Separation agreement
      • Item icon Child support agreement
      • Item icon Parenting plan
      • Item icon Marriage certificate
        The marriage certificate proves the parties are spouses or former spouses, which is a requirement under the Divorce Act 1985 and the Family Property Act 2000: r 12.5(1). The marriage certificate is attached as an exhibit to:

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      • Item icon Order a marriage certificate or marriage document – Government of Alberta
    • Folder icon If required - Applications
      • Item icon Family Application
      • Item icon Affidavit (Generic)
      • Item icon King’s Bench Family Practice Note 2 Family Law Applications – Court of King’s Bench of Alberta
      • Item icon Affidavit of Service (Generic)
    • Item icon Responding to a divorce proceeding
      The defendant has the following time frames to respond to a commencement of divorce proceeding:

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  • Folder icon F. Filing and service
    • Item icon Filing
      Filing is the process of submitting documents to the court. This guide focuses on filing documents with the Court of King's Bench. The Alberta Rules of Court specify which forms and documents must be filed and the applicable timelines. Documents may be filed electronically or, in some ...

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    • Item icon Filing in person
      A party may file documents in person at the Court of King's Bench courthouse. Court office locations are listed under Locations and Sittings on the Court of King's Bench of Alberta website. All documents filed in person must comply with the Alberta Rules of Court.

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    • Item icon Filing fees
      A filing fee must be paid when submitting certain documents to the court, whether electronically or in person. For a list of current fees, see the Court fees page on the Alberta Government website.

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    • Item icon Court fees – Government of Alberta
    • Item icon Letter to client advising documents have been filed
    • Folder icon Electronic filing
      • Item icon Electronic filing
        Most documents can be filed electronically through the Family and Divorce King's Bench Filing Digital Service or, where required, by email to the appropriate judicial centre. Under the desk process in the Family Focused Protocol (FFP), additional filing instructions apply when emailing documents. ...

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      • Item icon Filing Digital Service
        The Family and Divorce King's Bench Filing Digital Service accepts general family law filings, including applications, commencement documents, and supporting materials. For all judicial centres in the province, family law documents listed as accepted document types must be filed through the Digital ...

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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 Emailing documents
        Documents that are not accepted by the Digital Service may be filed by email and must comply with the Court of King's Bench of Alberta's Email Filing Procedures & Naming Conventions. Both the covering email and all attached documents must strictly follow the required naming conventions. No ...

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    • Folder icon Service
      • Item icon Service
        Service of documents in family law proceedings is governed by Part 11 and Division 10 of Part 12 of Alberta Rules of Court. The Rules set out different methods of service depending on whether the document is a commencement of proceeding document or another type of document. When a ...

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      • Item icon Letter to other side serving documents
      • Item icon Proving service
        Service of a document is proved by filing an affidavit of service. Special rules apply for commencement of proceeding documents, which must be served by someone other than the plaintiff or applicant: r 12.55(2).

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      • Item icon Affidavit of Service - Divorce
      • 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) – Court of King’s Bench of Alberta
      • Item icon Validating service in a manner not specified by the Rules
        Under r 11.27(1), the court can validate service of a document by a method not specified in the Alberta Rules of Court if it is satisfied that the method was likely to bring the document to the attention of the person served. If the service is validated, it is deemed effective on the date ...

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      • Item icon Setting aside service
        A party, typically the respondent, can apply to the court to set aside service: r 11.31(1). This application must be made before filing a demand for notice. The court may set aside service if it is satisfied that:

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    • Folder icon If required - Substitutional service
      • Item icon Substitutional service
        A party can make an application for a substitutional service order if service of a document by the methods in the Rules is impractical: r 11.28(1). Under the Family Focused Protocol (FFP) desk process, the party seeking a substitutional service order must complete the Affidavit of Attempted ...

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      • Item icon Application for Substitutional Service
      • Item icon Affidavit in Support of Substitutional Service
      • Item icon Affidavit of Attempted Service
      • Item icon Order for Substitutional Service
    • 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 Family Practice Note 2 Family Law Applications – Court of King’s Bench of Albert
      • Item icon Practice Note 2 - Fiat
  • Folder icon G. Going to court
    • Item icon Going to court
      Under the regular family process in the Family Focused Protocol (FFP), parties have multiple opportunities to settle a divorce without going to trial. This includes during the:

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    • Item icon Streamlined Trial Order (Family)
    • Item icon Litigation Plan Order (Family)
    • Item icon Request to Schedule a Trial Date
    • Item icon Application for Court to Set a Trial Date
    • Item icon Trial Booking Form
    • Item icon Confirmation of Trial Date
    • Item icon Remote hearings
      Remote hearings are conducted using the Webex meeting application. Instructions for installing and using Webex are available on the Get started with Webex Meetings for attendees webpage. Remote hearings are subject to the same rules as in person hearings. All parties including their counsel must ...

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    • Item icon Get started with Webex Meetings for attendees – Webex Help Center
    • Item icon Remote Hearing Protocol & Troubleshooting – Court of King’s Bench Alberta
    • Item icon The trial
      A trial proceeds in accordance with Part 8 of the Alberta Rules of Court. The Justice has discretion to vary the order of presentation if the burden of proof is on the defendant or if there are multiple parties separately represented.

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    • 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 the court's discretion and certain conditions: r 10.29(1) of the Alberta Rules of Court.

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    • Item icon Budget of Expenses
    • Item icon Appointment for Assessment of Costs
    • Item icon Bill of Costs
    • Item icon Subsequent Bill of Costs
    • Item icon Undertaking Not to Appeal Divorce Judgment
    • Folder icon If required - Offers to settle
      • Item icon Offers to settle
        Part 4, Division 5 of the Alberta Rules of Court governs formal offers to settle made 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
      • Folder icon If required - Consent orders
        • Item icon Consent Order (Blank)
        • Item icon Letter to other side's lawyer submitting draft consent orders
        • Item icon Affidavit of Execution
        • Item icon Request for Consent Order
    • Folder icon Disclosure
      • Item icon Disclosure Statement Package
      • Item icon Financial Disclosure Statement
      • Item icon Cunningham Disclosure
    • Folder icon If required - Witnesses
      • Item icon Expert's Report
      • Item icon Affidavit (Generic)
      • Item icon Notice to Attend as Witness at Trial
      • Item icon Affidavit of Service (Generic)
    • Folder icon If required - Applications
      • Item icon Family Application
      • Item icon Affidavit (Generic)
      • Item icon Family Law Practice Note 2 Family Law Applications – Court of King’s Bench of Alberta
      • Item icon Affidavit of Service (Generic)
      • Item icon Letter to other side's lawyer to schedule an application
    • Folder icon If required - Protection orders and restraining orders
      • Item icon Originating Application - Protection Against Family Violence Act
      • Item icon Family Application
      • Item icon King's Bench Protection Order Questionnaire
      • Item icon Affidavit (Generic)
      • Item icon Protection Confirmation Adjournment Order Template
      • Item icon Telephone Application for an Emergency Protection Order
      • 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 - 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 Library of additional forms
      • Item icon Withdrawal Certificate of Lis Pendens
      • Item icon Certificate of Lis Pendens - Land Titles Act
  • Folder icon H. Appeals
    • Item icon Appeals
      An appeal from a divorce judgment, or from any judgment or order made under the Divorce Act 1985, lies to the Court of Appeal: s 21(1). The time limit to appeal a divorce judgment ends when the divorce takes effect, typically more than 30 days after the divorce judgment is granted, unless ...

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    • Item icon Civil Notice of Appeal – Court of Appeal of Alberta
    • Item icon Affidavit of Service – Court of Appeal of Alberta
    • Item icon Order a courtroom transcript – Government of Alberta
    • Item icon Request for Appeal Record
    • Item icon Appeal record - Table of contents
    • Item icon Factum for appeals to Court of Appeal
    • Item icon Cover Page – Appeal Record, Factum, Extracts of Key Evidence – Court of Appeal of Alberta
  • Folder icon I. Finalizing the divorce
    • Item icon Determination of application
      For an uncontested divorce, once submitted, a Justice will either grant the divorce by signing the divorce judgment or reject the application. Decisions usually takes about 1 month. If rejected, the court will specify what it required, which may include appearances by the parties or submission ...

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    • Item icon When a divorce order takes effect
      A divorce generally takes effect 31 days after the order is granted, which is the appeal period during which an appeal may be filed: s 12(1) of the Divorce Act 1985. Remarriage is permitted after this period. In special circumstances, the court may order that the divorce take effect ...

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    • Item icon Letter to client enclosing divorce judgment
    • Item icon Undertaking Not to Appeal Divorce Judgment
    • Item icon Certificate of Divorce
      A Certificate of Divorce can be requested 31 days after divorce judgment is granted. Requests are submitted 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 Certificate of Divorce – Request Form – Court of King’s Bench of Alberta
    • Item icon Letter to client enclosing copy of Certificate of Divorce
  • Folder icon J. 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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