Northwest Territories Divorce Rules
Regulation- Registration
- R-094-94
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Judicature Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.2 amended by R.S.N.W.T. 1988, c.I-8, as amended applies to these rules
Territories, with the approval of the Commissioner of the Northwest Territories, under section 25 of the Divorce Act (Canada), section 60 of the Judicature Act and every enabling power, make the Northwest Territories Divorce Rules.
Interpretation
Definitions
1.In these rules,
"Act" means the Divorce Act (Canada); (Loi)
"Clerk" means the Clerk or a deputy clerk of the Court appointed under the Judicature Act; (greffier)
"Court" means the Supreme Court; (tribunal)
"deliver" means file and serve; (remettre)
"judge" means a judge of the Court and includes a deputy judge of the Court and an ex officio judge of the Court; (juge)
"provisional order" means a provisional order as defined in subsection 18(1) of the Act; (ordonnance condition-nelle)
"variation order" means a variation order as defined in subsection 2(1) of the Act. (ordonnance modificative)
Interpretation Act
2.The Interpretation Act, R.S.N.W.T. 1988, c.I-8, as amended applies to these rules.
Application
3.(1) These rules apply to proceedings under the Act.
(2) Subject to the Act and these rules, the rules of the Supreme Court apply to proceedings under the Act with such modifications as the circumstances require.
Forms
4.The forms contained in the Schedule shall be used with such modifications as the circumstances require.
Joinder
Joinder of other claims or causes actions
5.(1) Claims or causes of action under the following Acts may be joined, without leave of the Court or a of judge, with a divorce proceeding under the Act:
(a) the Change of Name Act;
(b) the Domestic Relations Act;
(c) the Married Women's Property Act;
(d) the Matrimonial Property Act.
(2) Where a claim or cause of action referred to in subrule (1) is joined, the particulars of the claim or cause and of the relief sought shall be set out in the petition for divorce.
(3) No claim or cause of action other than any of those referred to in subrule (1) may be joined with a divorce proceeding without leave of the Court or a judge.
(4) A respondent may, without leave of the Court or a judge, raise any claim or cause of action or defence founded on the Act or an Act referred to in subrule (1).
(5) Where, in a proceeding, a claim or cause of action is joined under subrule (1) or raised under subrule (3), a judge may give such directions as the judge considers necessary for the conduct of the proceeding, including directions as to the form of pleadings and as to the times for filing and service of the pleadings.
Commencement of Proceeding
Parties
6.(1) The party commencing a proceeding shall be called the petitioner and the opposite party shall be called the respondent.
(2) Unless otherwise ordered, the petitioner's spouse shall be the sole respondent in a proceeding.
(3) Notwithstanding subrules (1) and (2), both spouses shall be called petitioners where they proceed under rule 14.
Commence- ment of proceeding
7.(1) Subject to subrule 14(1), a proceeding shall be commenced by filing a petition for divorce in Form 1 with the Clerk.
(2) On the filing of a petition for divorce under subrule (1) or 14(1), the Clerk shall issue the petition by signing and affixing the seal of the Court to the petition.
(3) A petition for divorce filed under subrule (1) must have a notice to respondent in Form 2 endorsed on it at the beginning or attached to the front of it.
Service
8.Subject to subrule 14(2), a petition for divorce and notice to respondent must be served within one year after the petition is issued or within such further time as the Court or a judge may allow.
Manner, proof of service
9.(1) Service of the petition for divorce and the notice to respondent shall be effected by an adult person other than the petitioner on
(a) the respondent personally; or
(b) the respondent's solicitor, where the solicitor accepts service and undertakes to file an answer or demand of notice or to appear.
(2) Proof of service on the respondent shall be given by filing an affidavit of service in Form 3, setting out the following information:
(a) the deponent's means of knowledge as to the identity of the person served;
(b) the mailing address of the person served.
Service ex juris
10.No order for service ex juris of a petition for divorce or another document served under these rules is necessary where service is effected in Canada.
Pleadings in Response
Respondent's pleadings
11.(1) Where a respondent wishes to oppose a petition for divorce, but does not otherwise seek relief, the respondent shall file with the Clerk an answer in Form 4.
(2) Where a respondent seeks relief in opposition to the relief claimed in a petition for divorce, the respondent shall file with the Clerk an answer together with a counter petition in Form 5.
(3) Where a respondent seeks relief but does not oppose the relief claimed in a petition for divorce, the respondent shall file with the Clerk an answer stating that together with a counter petition.
(4) An answer and a counter petition may be joined in one document.
(5) Where a respondent wishes to receive notice of any hearing, but does not oppose the divorce or any relief sought by the petitioner or seek relief, the respondent may file with the Clerk a demand of notice in Form 6.
(6) Except as otherwise provided by these rules or ordered by the Court, a respondent who fails to file an answer or a demand of notice is not entitled to notice of any subsequent proceedings in the action.
Manner of and time for service
12.(1) An answer, a counter petition or a demand of notice shall be served on the petitioner or, where there is a solicitor of record, on the petitioner's solicitor.
(2) An answer, a counter petition or a demand of notice shall be delivered
(a) within 25 days after the day the petition for divorce is served, where it is served in the Territories;
(b) within 30 days after the day the petition for divorce is served, where it is served in Canada but outside the Territories; or
(c) within such time as may be fixed by the Court, where the petition for divorce is served outside Canada.
to 13. (1) The petitioner shall deliver an answer to counter petition within 25 days after the day the reply counter petition is served on the petitioner.
(2) A reply to an answer to counter petition, if any, must be delivered within 10 days after the day the answer to counter petition is served on the respondent.
Joint Petition
Joint petition
14.(1) Where spouses claim a divorce on the ground that there has been a breakdown of their marriage within the meaning of paragraph 8(2)(a) of the Act and no order, except by consent, for any other relief is claimed, both spouses may jointly commence a divorce proceeding by filing with the Clerk a joint petition for divorce in Form 7.
(2) A joint petition for divorce need not be served.
Interim and Other Steps
Application for interim corollary relief
15.An application for interim corollary relief in a divorce proceeding shall be commenced by filing with the Clerk a notice of motion and a supporting affidavit.
Other steps
16.In a contested proceeding, the parties may take any steps that are available in other causes, including, but without limiting the generality of the foregoing,
(a) delivering written interrogatories;
(b) conducting examinations for discovery;
(c) compelling production of documents;
(d) entering the action for trial; and
(e) applying for summary judgment on any or all issues in the proceeding.
Financial statements, statements of property
17.(1) Where there are dependent children or where a petition for divorce or a counter petition includes a claim for support, a financial statement in Form 8 shall be delivered to the opposite party
(a) by the applicant on an application for interim relief, with the documents in support of the application;
(b) by the respondent on an application for interim relief within the time allowed for filing a response to an application; or
(c) by either party within 30 days after the close of pleadings, if the party has not delivered a financial statement under paragraph (a) or (b) or in response to a notice to disclose under subrule (4).
(2) Where a petition for divorce or a counterpetition includes a claim for division of property, a party shall deliver to the opposite party a statement of property in Form 9
(a) on an application for interim relief in respect of matrimonial property, with the documents in support of the application, if the party is the applicant, or within the time allowed for filing a response to an application if the party is the respondent; or
(b) within 30 days after the close of pleadings, if the party has not delivered a statement of property under paragraph
(a) or in response to a notice to disclose under subrule (4).
(3) Where a joint petition for divorce includes
(a) a claim for support, each petitioner shall file a financial statement in Form 8 with the petition; and
(b) a request for the division of property, each petitioner shall file a statement of property in Form 9 with the petition.
(4) A party may, at any time, deliver to the opposite party a notice to disclose in Form 10 and, on receiving such notice, the opposite party shall provide
(a) the information requested in Part A of the notice within five days after service of the notice; and
(b) the information requested in Part B of the notice within 30 days after service of the notice.
(5) A financial statement or a statement of property shall be attested to by the party delivering it.
(6) A party's financial statement must set out with particularity
(a) the party's current monthly revenue and expenses, including liabilities; and
(b) any non-monetary benefit that is received by the party from any source.
(7) The failure of a party to deliver a financial statement or a statement of property in accordance with this rule does not prevent the opposite party from setting the action down for trial or moving for judgment.
(8) Where a party fails to deliver a financial statement or a statement of property within the time required by this rule, the Court may, on motion without notice, make an order requiring the delivery of the statement within a specified time period.
(9) Where a financial statement or a statement of property lacks particularity, a party may demand particulars of it and, if the other party fails to supply the particulars within seven days after the demand is served on the party, the Court may, on such terms as it thinks fit, order the particulars to be delivered within a specified time.
(10) Where a party fails to comply with an order made under subrule (8) or (9),
(a) the Court may dismiss the party's action or strike out the party's pleading; and
(b) a judge may declare the party in civil contempt.
(11) A party may cross-examine the opposite party on his or her financial statement or statement of property.
(12) A cross-examination on a financial statement or a statement of property may be used
(a) on an application for interim relief; and
(b) at a viva voce hearing, in the same manner as an examination for discovery.
(13) A cross-examination on a financial statement or a statement of property may not be conducted, except with leave of the Court or a judge, after the action has been set down for trial.
(14) Where, after delivering a financial statement or a statement of property, a party discovers that any information in the statement or given on cross- examination on it was incorrect or incomplete when made or that there has been a material change in any information contained in the statement, the party shall forthwith provide to the opposite party a written statement, attested to by the party, setting out the change or correction.
(15) A party who has delivered a financial statement or a statement of property shall deliver a fresh statement at least seven days before the commencement of the trial of the action and the party may not be cross-examined before trial on the fresh statement except with leave of the Court.
(16) The Clerk shall not disclose a financial statement or a statement of property filed under this rule to any person other than the parties, the parties' solicitors or a judge.
Settlement
Offer of settlement
18.(1) At any time before the commencement of a trial or hearing, a party may serve a written offer to settle a claim for support of a spouse, support for the children of the marriage or division of property.
(2) An offer may be accepted at any time before the Court makes an order disposing of the claim in respect of which the offer is made by serving a written notice of acceptance on the party who made the offer.
(3) An offer may be revoked at any time before it is accepted by serving a written revocation on the party to whom the offer was made.
(4) Where an offer is accepted, the Court may incorporate any of the terms of the offer into an order.
(5) Where an offer is not accepted, no communication respecting the offer shall be made to the Court until the Court makes an order disposing of the claim in respect of which the offer has been made.
(6) In exercising its discretion as to costs under rule 33, the Court may take into account the terms of the offer, the date on which the offer was served, the date of acceptance if it was accepted, the success of the parties and the conduct of the parties during the litigation.
Adjournment of Proceeding
Adjournment, resumption proceeding
19.(1) Where a judge adjourns a divorce proceeding of under subsection 10(2) of the Act before hearing any oral evidence, an application for resumption of the divorce proceeding under subsection 10(3) of the Act may be made to any judge.
(2) Subject to subrule (3), where a judge adjourns a divorce proceeding under subsection 10(2) of the Act after hearing any oral evidence, an application for resumption of the divorce proceeding under subsection 10(3) of the Act shall be made to the judge who granted the adjournment.
(3) Where the judge who granted the adjournment in the circumstances referred to in subrule
(2) is not available to hear the application for resumption, the application may be made to another judge.
Hearing
Hearing on affidavit evidence
20.(1) Where no demand of notice or answer has been delivered, the petitioner may
(a) note the respondent in default; and
(b) apply for a judgment of divorce with such corollary relief as is claimed in the petition for divorce or as is consented to by the respondent or the respondent's solicitor.
(2) Where the respondent has filed a counter petition, the petitioner or respondent may apply for a judgment of divorce with such corollary relief as is consented to by the opposite party or the opposite party's solicitor.
(3) Where the respondent has filed a pleading other than a counter petition, the petitioner may apply for a judgment of divorce with such corollary relief as is consented to by the respondent or the respondent's solicitor.
(4) An application for a judgment of divorce and corollary relief under subrule (1), (2) or (3) shall be made by filing the following with the Clerk:
(a) a request for divorce in Form 11, requesting that the action be considered on the basis of affidavit evidence;
(b) an affidavit prepared in accordance with subrule (5);
(c) five copies of the proposed judgment and order, if any, prepared in the appropriate form;
(d) a stamped envelope addressed to the opposite party at the mailing address shown in the affidavit filed under subrule 9(2) or at the address latest known to the applicant, whichever is more recent, where the opposite party does not have a solicitor.
(5) The affidavit referred to in subrule (4)(b) must be in Form 12 and, in the affidavit, the deponent shall
(a) identify the parties to the divorce proceeding;
(b) attest to the latest known address of the respondent or the respondent by counter petition, as the case may be;
(c) attest to the marriage and prove the marriage
(i) by attaching a certified copy of the marriage certificate as an exhibit to the affidavit, or
(ii) by solemn form where a certified copy of the marriage certificate cannot be obtained;
(d) attest to the ordinary residence in the Territories of either spouse for at least one year immediately preceding the day the petition for divorce was issued;
(e) attest to the grounds for divorce;
(f) deny collusion;
(g) provide a denial or an explanation for condonation and connivance, if the grounds for the divorce include any of those set out in paragraph 8(2)(b) of the Act;
(h) detail arrangements for child care and child support;
(i) verify the financial statement or statement of property last filed by the deponent or, if the statement is no longer accurate, attach a new statement as an exhibit to the affidavit and, in the affidavit, verify the new statement;
(j) deny the possibility of reconciliation;
(k) detail the circumstances that justify waiver of the waiting period, where an application is made to waive the waiting period; and
(l) verify the accuracy of, or correct any inaccuracy in, the allegations in the petition for divorce or the counter petition, as the case may be.
(6) A party who has filed a petition for divorce, answer, counter petition or demand of notice may consent to proceeding under this rule by the endorsement of consent by the party personally or by his or her solicitor on the request for divorce.
(7) Where the consent of a party to proceed under this rule is given personally, it must be accompanied by an affidavit of execution.
(8) Where materials are filed in accordance with this rule, the Clerk shall place them before a judge for consideration and the judge may do one or more of the following:
(a) render any judgment and make any order to which the parties are entitled;
(b) direct the parties or the solicitors for the parties to appear in chambers;
(c) direct that further evidence be presented;
(d) direct the parties to enter the case for trial on oral evidence.
(9) Where the parties have agreed on or consented to corollary relief but no request for the corollary relief has been made in the petition for divorce or counter petition, the judge may grant that relief.
(10) Where the respondent or the respondent by counter petition has filed a demand of notice and has not given consent to proceed under this rule, the petitioner or the counter petitioner, as the case may be, may note the opposite party in default, without notice, and apply in chambers by notice of motion for the matter to be dealt with under this rule without the consent of the respondent or respondent by counter petition, as the case may be.
(11) A judge hearing an application under subrule
(10) in chambers may
(a) direct the petitioner or the counter petitioner, as the case may be, to enter the case for trial on oral evidence; or
(b) authorize the petitioner or the counter petitioner, as the case may be, to proceed under this rule without the consent of or any further notice to the respondent or respondent by counter petition, as the case may be.
(12) Subrules (1) to (6), (10) and (11) do not apply to a proceeding commenced by a joint petition.
Hearing on affidavit evidence where joint petition
21.(1) At any time after a joint petition is filed, the parties to the petition may apply for a judgment of divorce with such corollary relief as is claimed in the petition for divorce or as is consented to by both parties by filing the following with the Clerk:
(a) a request for divorce in Form 11, requesting that the action be considered on the basis of affidavit evidence;
(b) an affidavit of either party or both parties jointly prepared in accordance with subrule (2);
(c) five copies of the proposed judgment and order, if any, prepared in the appropriate form;
(d) a stamped envelope addressed to any party who does not have a solicitor.
(2) The affidavit referred to in subrule (1)(b) must be in Form 13 and, in the affidavit, the deponent or deponents shall
(a) identify the parties to the proceeding; and
(b) verify the accuracy of, or correct any inaccuracy in, the allegations and statements in the joint petition for divorce.
(3) Each petitioner must make an affidavit separately where a financial statement or statement of property is filed.
(4) In the affidavit required by subrule (3), the petitioner shall, in addition to setting out the information required under subrule (2), verify the financial statement of the deponent last filed by the deponent, or if the statement is no longer accurate, attach a new statement as an exhibit to the affidavit and, in the affidavit, verify the new statement.
(5) Where only one party makes an affidavit under subrule (1)(b), the other party may consent to proceeding under this rule by indicating such consent personally or by his or her solicitor on the request for divorce.
(6) Subrules 20(7) to (9) apply to a proceeding under this rule.
Judgments and Orders
Form of judgment, order
22.(1) A divorce judgment rendered under subrule 20(8)(a) must be in Form 14.
(2) A divorce judgment rendered other than under subrule 20(8)(a) must be in Form 15.
(3) A corollary relief order must be in Form 16, with such modifications as the circumstances require.
(4) A divorce judgment and corollary relief order may be combined in one document.
(5) Where the parties consent to the issuance of a divorce judgment or a corollary relief order, the consent of the parties, personally or by their solicitors, shall be endorsed on the judgment or order.
(6) Where the consent of a party under subrule
(5) is given personally, it must be accompanied by an affidavit of execution.
(7) No document may be incorporated by reference in any divorce judgment or corollary relief order.
(8) Where a proceeding includes a claim for corollary relief, but the parties agree to defer the claim for future determination, the divorce judgment must set out the following statement:
"Either party may apply to the Supreme Court of the Northwest Territories for any corollary relief that is available under the Divorce Act (Canada) for which grounds have been set out in the pleadings filed in the divorce action.".
Agreement as to date effect of judgment
23.An agreement and undertaking referred to in of paragraph 12(2)(b) of the Act must be in writing, signed by the parties and accompanied by affidavits of execution.
Mailing of judgment
24.On the entry of a divorce judgment, the Clerk shall forthwith mail a copy of the divorce judgment to each person in respect of whom an envelope is filed under subrule 20(4)(d) or 21(1)(d).
Request for certificate
25.(1) After a divorce judgment takes effect, either party may file a request for a certificate of divorce in Form 17.
(2) Where a request for a certificate of divorce is filed and the Clerk is satisfied that no appeal from the divorce judgment is pending, the Clerk shall issue a certificate of divorce in Form 18 by signing and affixing the seal of the Court to the certificate.
Variation Orders
Application to vary
26.(1) Where the Court has rendered a divorce order judgment, an application for corollary relief or an application to vary, rescind or suspend an order for corollary relief shall be commenced by filing with the Clerk a notice of motion and a supporting affidavit.
(2) The notice of motion and supporting affidavit referred to in subrule (1) shall be served on the respondent personally at least seven days before the day set for the hearing of the application.
to 27. (1) An application to vary, rescind or suspend an order for corollary relief made by another court shall be other commenced by filing with the Clerk
(a) an originating notice;
(b) a supporting affidavit; and
(c) copies of the original divorce pleadings and all corollary relief orders that have been made in respect of the divorce proceeding.
(2) In an affidavit in support of an application referred to in subrule (1)(b), the deponent shall set out the following:
(a) the current marital status of the parties;
(b) the residential addresses of the parties;
(c) the age, sex and residential address of any dependent children;
(d) particulars of existing custody and access arrangements and of any proposed changes to be made in respect of those arrangements;
(e) particulars of current support arrangements and of any proposed changes in respect of those arrangements;
(f) the amount of arrears under any previous support order;
(g) particulars of the change in the condition, means, needs or other circumstances.
(3) The originating notice and supporting affidavit referred to in subrule (1) shall be served on the respondent personally at least 15 days before the day set for the hearing of the application.
Where variation order made
28.Where the Court makes a variation order, other than a provisional order, in respect of a support order or custody order made by another court, the Clerk shall send a certified copy of the variation order to any other court that has varied the original order.
Application for provisional order
29.(1) An application for a provisional order must be accompanied by a statement of the applicant providing any available information respecting the identification, location, income, assets and liabilities of the respondent.
(2) Where the Court makes a provisional order and the order is filed with the Clerk, the Clerk shall, on behalf of the Court, send to the Attorney General as defined in subsection 18(1) of the Act
(a) the material required to be sent under subsection 18(3) of the Act;
(b) a copy of any material in support of the application for the provisional order that is not included in the material referred to in subrule (a); and
(c) a statement of the liabilities of the respondent, where that information is available.
(3) Where a provisional order is remitted back to the Court under subsection 18(5) of the Act for further evidence, the Clerk shall give notice to the applicant of the need to submit further evidence.
Confirmation of provisional order
30.(1) Where the Court receives a provisional order for confirmation, the Clerk shall cause to be served,
(a) on the applicant, a notice of confirmation hearing in Form 19 and a notice to submit further evidence; and
(b) on the respondent personally, a notice of confirmation hearing in Form 19 and copies of the documents that are required to be served under subsection 19(2) of the Act.
(2) Unless otherwise ordered, service shall be effected
(a) on the applicant by ordinary mail; and
(b) on the respondent personally.
Registration of Orders
Registration of order made other court
31.Where an order has been made under section 15, by 16 or 17 or subsection 19(9) of the Act by another court, it may be registered under paragraph 20(3)(a) of the Act by filing with the Clerk an exemplification or certified copy of the order and, on filing, the order shall be entered as an order of the Court.
Transfer of Proceeding
Transfer of proceeding
32.Where a proceeding is transferred under section 6 of the Act to the Court from another court, the transfer shall be effected by filing with the Clerk certified copies of all pleadings and orders made in the proceeding and the proceeding shall then be carried forward as if it had been commenced under these rules.
General
Costs
33.The Court may make such orders as it considers fit for payment of or security for the costs of either party.
Substitutional service
34.Where personal service of any document is required by these rules and cannot be effected, a judge, on application, may grant leave to substitute another form of service.
Transitional
35.A proceeding commenced before the day on which these rules come into force and not finally disposed of before that day shall be dealt with and disposed of in accordance with the Transitional Divorce Rules as though they had not been repealed.
Repeal
36.The Transitional Divorce Rules, made under the Divorce Act (Canada) and the Judicature Act, are repealed.
Coming into force
37.These rules come into force November 1, 1994.
SCHEDULE
FORM 1 (Subrule 7(1))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
BETWEEN:
Petitioner
- and -
Respondent
PETITION FOR DIVORCE
TO THIS HONOURABLE COURT:
1. The Petitioner applies for a Divorce Judgment and the following relief:
(a) custody of ; (d) support for myself in the amount (b) access to ; of $ per month or ; (c) support for the children of the (e) non-molestation order; marriage in the amount of $ (f) costs. per month;
(Delete reference to any relief not being sought and fill in amounts where maintenance is requested.)
(If a cause of action is joined under rule 5, specify relief claimed and add an item after item 11 of this form providing particulars of the claim.)
2. The Petitioner's grounds for seeking a divorce are that there has been a breakdown of the marriage by
.
(Provide those grounds set out in subsection 8(2) of the Divorce Act (Canada) as are applicable.)
3. (1) There is no possibility of reconciliation.
(2) The following efforts to reconcile have been made: There has been no collusion in relation to this Petition for the Petitioner and the Respondent, directly or indirectly, agreement, understanding or arrangement to fabricate or suppress on the grounds set out in paragraph 8(2)(b) of the Divorce connivance on the part of the Petitioner in the bringing of this
(If otherwise in respect of item 4, give particulars and the
The particulars of the Petitioner's marriage are as follows:
(a) the date of the marriage was
(b) the place of the marriage was
(c) the Petitioner's surname before this marriage was
(d) the Respondent's surname before this marriage was
(e) the parties' marital status at the time of the marriage was
(f) the Petitioner was born at on (month) (g) the Respondent was born at on (month) (h) the Petitioner ceased cohabiting with the Respondent on
(1) The Petitioner's address is
(2) The Respondent's address is
(3) The Petitioner (or Respondent) has been ordinarily resident preceding the date of this Petition.
(If there are no children of the marriage and if spousal support of the marriage and omit the remainder of item 7 and items 8, 9
The particulars regarding the children of the marriage are as follows:
(a) the names and dates of birth of all the children are:
(b) the Petitioner claims custody of: (c) the Petitioner proposes the following access arrangements:
(d) the following financial arrangements for the support of the children have been made:
OR
the Petitioner proposes the following financial arrangements for the support of the children having regard to the relief claimed:
8. The particulars of all written or oral agreements between the Petitioner and the Respondent regarding the support of the Petitioner, the Respondent, the children of the marriage and custody of or access to the children are as follows:
9. The particulars of all court proceedings regarding the marriage, support of the parties or children and custody of or access to the children are as follows: a claim or cause of action is joined under rule 5, set out the particulars
STATEMENT
I, , the solicitor for , the Act (Canada).
DATED at , in the on (community) (territory or province) (month) (day)
ISSUED out of the office of the Clerk of the Supreme Court on demande ou une cause d'action est jointe en vertu de la règle 5, énoncez
DÉCLARATION
Je soussigné, , avocat du requérant ci-nommé 9 de la Loi sur le divorce (Canada).
FAIT à , dans , le (collectivité) (territoire ou province) (jour)
DÉLIVRÉ au bureau du greffier de la Cour suprême le (jour)
FORM 2 (Subrule 7(3))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
NOTICE TO RESPONDENT
TO: (full name of Respondent)
AN APPLICATION HAS BEEN MADE FOR A DIVORCE JUDGMENT. The details are set out in the attached Petition for Divorce.
1. IF YOU DISPUTE ANY OF THE CLAIMS or IF YOU WISH TO MAKE ANY CLAIM YOURSELF, YOU MUST FILE AN ANSWER at the court office shown on the Petition for Divorce and SERVE THE ANSWER on the Petitioner
(a) within 25 days after the day on which the Petition for Divorce was served on you, if you were served in the Northwest Territories;
(b) within 30 days after the day on which the Petition for Divorce was served on you, if you were served in Canada but outside the Northwest Territories; or
(c) within the time indicated on the Order of Service, if you were served outside Canada.
2. IF YOU DO NOT
(a) FILE AN ANSWER or A DEMAND OF NOTICE requiring that notice of any application made in this action be given to you, and (b) serve a copy of that Answer or Demand of Notice on the Petitioner at the address for service given in the Petition for Divorce, you are not entitled to notice of any further proceedings and an order may be made in your absence and enforced against you.
DATED at , in the on , 19 . (community) (territory or province) (month) (day)
Clerk of the Supreme Court
FORM 3 (Subrule 9(2))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
BETWEEN:
Petitioner
- and -
Respondent
AFFIDAVIT OF SERVICE
I, , of the of , in the , MAKE OATH AND SAY AS FOLLOWS:
1. I did on , 19 , personally serve the above-named Respondent with the attached (month) (day) Petition for Divorce together with Notice to Respondent attached to the Petition, marked respectively as exhibits "A" and "B" to this affidavit, by delivering true copies of the Petition for Divorce and Notice to Respondent to the Respondent on that day at .
2. At the time of service, I asked the Respondent what his (or her) mailing address is and the Respondent informed me and I believe it to be true that his (or her) mailing address is .
3. My means of knowledge as to the identity of the person served were as follows:
4. To effect service I necessarily travelled kilometres.
SWORN before me at the ) of in the )
) on 19 . ) (month) (day)
(Signature of deponent) Note: This affidavit must be sworn before a person authorized to take affidavits by the Evidence Act.
FORM
IN THE SUPREME COURT OF THE
Petitioner
- and
Respondent
ANSWER
The Respondent agrees to the following relief sought by the Petitioner:
The Respondent contests the following part or parts of the Petition
The Respondent's grounds for contesting the Petition for Divorce
at , in the on , 19 (community) (territory or province) (month)
FORM 5 (Subrule 11(2))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
COUNTER PETITION
TO THIS HONOURABLE COURT:
1. The respondent applies for a Divorce Judgment and the following relief: (or Where only relief is sought: The respondent applies for the following relief:)
(a) custody of ; (d) support for myself in the amount (b) access to ; of $ per month or ; (c) support for the children of the marriage (e) non-molestation order; in the (f) costs. amount of $ per month;
(Delete reference to any relief not being sought and fill in amounts where maintenance is requested.)
(If a cause of action is joined pursuant to rule 5, specify relief claimed and add an item after item 10 of this form providing particulars of the claim.)
(Include in the Counter Petition items 2, 3 and 4 where the Respondent seeks a divorce.)
2. The Respondent's grounds for seeking a divorce are that there has been a breakdown of the marriage by
.
(Provide those grounds set out in subsection 8(2) of the Divorce Act (Canada) as are applicable.)
3. (1) There is no possibility of reconciliation.
(2) The following efforts to reconcile have been made:
4. There has been no collusion in relation to this Counter Petition for Divorce; that is, there has been no agreement or conspiracy between the Petitioner and the Respondent, directly or indirectly, for the purpose of subverting the administration of justice, and no agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the Court (where the Counter Petition is based on the grounds set out in paragraph 8(2)(b) of the Divorce Act (Canada) add: and there has been no condonation or connivance on the part of the Petitioner in the bringing of this Counter Petition).
(If otherwise in respect of item 4, give particulars and the facts that justify the granting of the Divorce Judgment notwithstanding.)
5. (1) The particulars of the Respondent's marriage are as set out in item 5 of the Petition (or are as follows:
(2) The addresses of the parties are as set out in item 6 of the Petition (or are as follows:
(If there are no children of the marriage and if spousal support is not an issue, delete items 6, 7, 8 and 9.)
6. (1) The particulars regarding children are as set out in item 7(a) of the Petition (or are as follows:
(2) The Respondent claims custody of:
(3) The Respondent proposes the following access arrangements:
(4) The following financial arrangements for the support of the children have been made:
OR
the Respondent proposes the following financial arrangements for the support of the children having regard to the relief claimed:
7. The particulars of all written or oral agreements between the Petitioner and the Respondent regarding the support of the Petitioner, the Respondent and the children of the marriage and the custody of or access to the children are as set out in item 8 of the Petition (or as follows:
8. The particulars of all court proceedings regarding the marriage, support of the parties or children and custody of or access to any of the children are as set out in item 9 of the Petition (or are as follows:
(Where a claim or cause of action is joined under rule 5, set out the particulars of the claim or cause here.)
Respondent or solicitor for the Respondent
The Respondent's address is:
The Respondent's address for service is:
If the Respondent seeks a divorce and is represented by a solicitor the following shall be added:
STATEMENT OF SOLICITOR
I, , the solicitor for , the Respondent herein, certify to this Court that I have complied with section 9 of the Divorce Act (Canada).
DATED at , in the on , 19 .
(community) (territory or province) (month) (day)
(Signature of solicitor)
FORM 6 (Subrule 11(5))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
BETWEEN:
Petitioner
- and -
Respondent
DEMAND OF NOTICE
Take notice that the Respondent demands that notice of any proceeding to be taken in this action be given to the Respondent at the Respondent's address for service.
DATED at , in the on , 19 . (community) (territory or province) (month) (day)
Respondent or solicitor for the Respondent
The Respondent's address is:
The Respondent's address for service is:
FORM 7 (Subrule 14(1))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
JOINT PETITION FOR DIVORCE
THIS IS THE JOINT PETITION FOR DIVORCE OF:
(Insert names and addresses of both spouses)
TO THIS HONOURABLE COURT:
1. (1) The Petitioners claim a divorce from each other (add if support, custody, costs or other relief is claimed: and, by consent, an order for:
(2) The Petitioners state that there has been a breakdown of the marriage under paragraph 8(2)(a) of the Divorce Act (Canada), the particulars of which are that the Petitioners are living separate and apart at the time of commencement of this proceeding and have lived separate and apart since the day of ,
19 .
2. (1) There is no possibility of reconciliation.
(2) The following efforts to reconcile have been made:
3. There has been no collusion in relation to this Petition for Divorce, that is, there has been no agreement or conspiracy between the petitioners, directly or indirectly, for the purpose of subverting the administration of justice, and no agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the Court.
4. (1) The particulars of the Petitioners' marriage are as follows:
(a) the date of the marriage was ;
(b) the place of the marriage was ;
(c) the wife's surname before this marriage was ;
(d) the husband's surname before this marriage was ;
(e) the parties' marital status at the time of the marriage was ; (f) the wife was born at on , 19 ; (month) (day) (g) the husband was born at on , 19 ; (month) (day) (h) the parties ceased cohabiting with one another on , 19 . (month) (day)
(2) A certificate of the marriage or a certified copy of the registration of the marriage is attached to this petition, which accurately sets out the particulars of the marriage (or cannot be obtained for the following reason:
State reason, e.g. all records destroyed by fire in marriage registry in country where marriage took place. If a marriage certificate cannot be obtained, the circumstances of the marriage must be set out: the place and date, the licence, the person who performed the marriage, the witnesses, and the fact that the parties then considered themselves married. A certificate from a religious ceremony may, in addition, be appended to the Counter Petition. It is expected that a marriage certificate from a marriage in Canada will be obtained.)
5. (1) The wife's address is .
(2) The husband's address is .
(3) The Petitioners have (or Petitioner has) been ordinarily resident in the Northwest Territories for at least one year immediately preceding the date of this Petition.
(If there are no children of the marriage and if spousal support is not requested, indicate in item 6(a) that there are no children of the marriage and omit the remainder of item 6 and items 7, 8 and 9.)
6. (1) The particulars regarding the children of the marriage are as follows:
(a) the names and dates of birth of all the children are:
(b) the Petitioners consent to an order for custody as follows:
(c) the Petitioners consent to the following terms of access:
(d) the following financial arrangements for the support of the children have been made: (2) The facts in support of the proposed terms as to custody, access and support are as follows:
7. The particulars of all written or oral agreements between the wife and the husband regarding the support of either one, the support of the children of the marriage and custody of or access to the children are as follows:
8. The particulars of all court proceedings regarding the marriage, support of the parties or children and custody of or access to the children are as follows:
9. The Petitioners state that they are presenting this Joint Petition for Divorce with full knowledge that
(a) each of them is entitled to obtain legal advice independently of the other; (b) each of them is entitled to be separately represented by a lawyer of his or her own choice; and (c) neither of them can legally be forced or required by the other to seek a divorce or to sign this Petition for Divorce.
(Add the following if signed by a Petitioner or both Petitioners personally.) Signed by the Petitioners at in the Northwest Territories, (month) certifying that the statements in this Petition for Divorce are true.
of Petitioner for the Petitioner)
(Where the Petitioners act in person, strike out
mailing address and telephone number:
address and telephone number:
STATEMENT
I, , solicitor for , one of the Petitioners 9 of the Divorce Act (Canada).
(Where the circumstances of the case are of such a such circumstances).
DATED at , in the on , 19 (community) (territory or province) (month) (day)
(Note: If the husband and the wife are separately represented,
ISSUED out of the office of the Clerk of the Supreme Court on (month)
FORM
IN THE SUPREME COURT OF THE
(Style of
FINANCIAL
I, , of the of , in the
particulars of my income and expenses are accurately set out below:
INCOME
income from all sources ............................................. Allowance......................................................... benefit ............................................................ (specify)............................................................ Compensation...................................................... assistance ............................................................
...
.
tax .... tax .... dues .... insurance .................................................... plans . Pension Plan ........................................................ savings . plan, insurance and charities (specify).....................................
.
net income income less total deductions) ...........................................
MONTHLY EXPENSES
mortgage ........................................................... taxes . insurance ............................................................ (water and power) ...................................................
and maintenance .....................................................
television ............................................................
oil .... and registration.....................................................
transportation ........................................................ (specify) .
CARE and medical insurance ..................................................
.. savings plan ......................................................
.. Care....
..........................................................
.....
groceries and household supplies.......................................... outside the home ......................................................
...... and dry cleaning..................................................... tobacco (specify) ....................................................
.. savings ............................................................ (school fees) ......................................................
.................................................................... lessons..
publications .....................................................
..... and daycare...................................................... allowance/gifts .................................................... payments to other relatives ............................................ for future ........................................................... (specify) .
actual monthly expenses ..............................................
MENSUELLES COURANTES
ou hypothèque..................................................................... foncier .. sur la maison................................................................... (eau et électricité) .............................................................
..... et entretien ...................................................................
.
et huile ......................................................................... et immatriculation...............................................................
en commun .................................................................... (préciser) ........................................................................
PERSONNELS maladie .......................................................................
d'épargne-retraite..................................................................
. ......................................................................... de toilette .......................................................................
et produits pour la maison ...................................................... pris à l'extérieur de la maison..........................................................
et nettoyage à sec ............................................................... tabac (préciser) ...................................................................
..... ........................................................................ (frais de scolarité) ............................................................... ................................................................................. de musique .......................................................................
et magazines ....................................................................
d'enfants et service de garderie......................................................... des enfants/cadeaux ............................................................. à d'autres membres de la famille .................................................... pour l'avenir .................................................................... (préciser) ........................................................................
des dépenses mensuelles courantes .................................................. LOANS(include the following information for every loan)
address of loan holder: outstanding......................................................... payments ......................................................... (if any).
(include the following information for every mortgage)
address of mortgagee: outstanding......................................................... payments ......................................................... (if any).
CARDS (include the following information in respect of every creditor)
address of creditor: outstanding......................................................... payments ......................................................... (if any).
DEBTS (include the following information for every debt and specify
address of creditor: outstanding......................................................... payments ......................................................... (if any).
(Bank loans + mortgages + credit cards + other debts) .................... of debt payable each month .....................................
BENEFITS
benefits received from any source (specify):
income............................................................ actual monthly expenses ............................................ amount of debt payable each month ................................... (or deficit).......................................................... BANCAIRES (fournir les renseignements suivants pour chaque
adresse du détenteur de l'emprunt : impayé ........................................................................ mensuel....................................................................... (s'il y a lieu) .....................................................................
(fournir les renseignements suivants pour chaque hypothèque)
adresse du créancier hypothécaire : impayé ........................................................................ mensuel....................................................................... (s'il y a lieu) .....................................................................
DE CRÉDIT (fournir les renseignements suivants relativement à chaque
adresse du créancier : impayé ........................................................................ mensuel....................................................................... (s'il y a lieu) .....................................................................
DETTES (fournir les renseignements suivants pour chaque dette
adresse du créancier : impayé ........................................................................ mensuel....................................................................... (s'il y a lieu) .....................................................................
totales (Emprunts bancaires + hypothèques + cartes de crédit + autres total mensuel des dettes payables .................................................
NON MONÉTAIRES
non monétaires reçues de toutes provenances (préciser) :
net total ......................................................................... total des dépenses mensuelles courantes ............................................... montant total mensuel des dettes payables ............................................. déficit) ........................................................................ particulars regarding my employment are as follows: (a) the name and address of my employer is
(b) I am paid every ; (c) the total income declared on my last income tax return in
before me at the ) in the )
)
, 19 . ) (month) (day)
This affidavit must be signed before a person authorized to take affidavits relatifs à mon emploi sont les suivants : a) le nom et l'adresse de mon employeur
b) Je suis payé à chaque ; c) le revenu total déclaré dans ma dernière déclaration de revenus de $.
devant moi au (à la) ) dans )
)
19 . ) (jour) (mois)
présent affidavit doit être souscrit en présence d'une personne
FORM 9 (Rule 17)
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
(Style of cause)
STATEMENT OF PROPERTY
I, , of the of , in the , MAKE OATH AND SAY AS FOLLOWS:
1. The particulars of all my property are accurately set out below:
LAND
(Include any interest in land owned on the date of separation or acquired and not disposed of since that date, including leasehold interests and mortgages, whether or not you are registered as owner. Include claims to an interest in land, but do not include claims that you are making against your spouse in this or a related proceeding. Show estimated market value of your interest without deducting encumbrances or costs of disposition, and show encumbrances and costs of disposition under Debts and Other Liabilities.)
NATURE NATURE AND ADDRESS OF ESTIMATED MARKET
OF OWNERSHIP PROPERTY VALUE OF YOUR INTEREST State percentage AS OF: interest where relevant See instructions above.
Date of Date of Date of marriage separation statement
TOTAL $
GENERAL HOUSEHOLD ITEMS AND VEHICLES
(Show estimated value, not cost of replacement, for these items owned on the date of separation or acquired and not disposed of since that date. Do not deduct encumbrances here, but show encumbrances under Debts and Other Liabilities.)
ITEM PARTICULARS ESTIMATED MARKET
VALUE OF YOUR INTEREST
AS OF: See instructions above.
Date of Date of Date of marriage separation statement
General household contents at matrimonial home or elsewhere Jewellery Works of art Vehicles and boats
Other items (list)
TOTAL $
SAVINGS AND SAVINGS PLANS
(Show items owned on the date of separation or acquired and not disposed of since that date by category. Include cash, accounts in financial institutions, registered retirement or other savings plans, deposit receipts, pensions and any other savings.)
CATEGORY INSTITUTION ACCOUNT AMOUNT AS OF:
Date of Date of Date of marriage separation statement
TOTAL $
SECURITIES
items owned on the date of separation or acquired and not disposed debentures, notes and any other securities. Give your best estimate
CATEGORY NUMBER DESCRIPTION
TOTAL
LIFE AND DISABILITY
policies owned on the date of separation or acquired and not disposed
KIND OWNER BENEFICIARY
AND OF
POLICY POLICY
NO.
ACCOUNTS RECEIVABLE
(Give particulars of all debts owing to you on the date of separation of the date of this statement, whether arising from business or from
PARTICULARS
BUSINESS INTERESTS
(Show any interest in an unincorporated business owned on controlling interest in an incorporated business may be shown market value if the business were to be sold on an open market.)
NAME OF FIRM OR COMPANY INTEREST
OTHER PROPERTY
(Show other property owned on the date of separation by categories. Give your best estimate of market value.)
CATEGORY PARTICULARS
DEBTS AND OTHER
(Show your debts and other liabilities on the date of separation whether arising from personal or business dealings, by category and accounts payable. Include contingent liabilities such as guarantees
CATEGORY PARTICULARS
PROPERTY, DEBTS AND OTHER LIABILITIES ON DATE OF MARRIAGE
(Show by category the value of your property and your debts and other liabilities calculated as of the date of your marriage that were not otherwise included above.)
CATEGORY PARTICULARS VALUE AS OF DATE OF
MARRIAGE
Assets Liabilities
TOTAL $ $ $
DISPOSAL OF PROPERTY
(Show the value by category of all property that you disposed of since the date of separation.)
CATEGORY PARTICULARS VALUE
$
SWORN before me at the of in the
on , 19 . (month) (day)
(Signature of deponent)
Note: This affidavit must be signed before a person authorized to take affidavits by the Evidence Act.
FORM 10 (Subrule 17(4))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
(Style of cause)
NOTICE TO DISCLOSE
PART A
You are hereby required to provide to the Applicant, within five days after service of this Notice, the following:
(a) a copy of the income tax returns for each of the last three years made by you and a copy of the assessment notices received by you in the last three years or a Revenue Canada printout of your income tax returns for the last three years; (b) a copy of your three most recent pay remittance stubs or a statement from your employer setting out your gross pay for the year to date and any deductions made to date; (c) a copy of every cheque issued to you during the last six weeks from any business or corporation in which you have an interest or to which you have rendered a service; (d) a financial statement in Form 8 of the Northwest Territories Divorce Rules.
PART B
You are hereby required to provide to the Applicant, within 30 days after service of this Notice, the following:
(a) a statement of property in Form 9 of the Northwest Territories Divorce Rules; (b) a copy of the financial statements of any privately held corporation, partnership, firm or business in which you have more than a 1% interest for each of the last three years; (c) a copy of (specify documents or information requested).
DATED at , in the on , 19 . (community) (territory or province) (month) (day)
Solicitors for the Applicant The requested documents are to be delivered to:
(Insert name of lawyer and address)
(Counsel may request one or more of the above depending on the nature of the action, i.e. matrimonial property, corollary relief or variation in a divorce action).
FORM 11 (Subrules 20(4)(a) and 21(1)(a))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
(Style of cause)
REQUEST FOR DIVORCE
(WITHOUT ORAL HEARING)
TO THE CLERK OF THE COURT:
1. I request that this action be set for hearing as an undefended divorce to be considered on the basis of affidavit evidence.
2. Service of the Petition for Divorce on my spouse was effected by on , 19 (month) (day) as indicated in the Affidavit of Service filed in this proceeding.
3. The affidavit of evidence to be considered with my Petition for Divorce has been filed and is attached to this Request.
4. The Respondent has not filed an Answer or a Demand of Notice (or has filed a Demand of Notice but has consented to this request by consent endorsed on this Request).
5. The Respondent's address is
6. The address of the Respondent's solicitor is
7. The Petitioner's address is
8. The address of the Petitioner's solicitor is
DATED at , in the on , 19 . (community) (territory or province) (month) (day)
(Signature of Petitioner or solicitor for the Petitioner)
(Notes: 1. Where this form is signed by the solicitor then appropriate grammatical changes should be made to items 1, 2 and 3.
2. Where a Joint Petition for Divorce has been issued, items 2 and 4 must be deleted and the appropriate changes must be made to items 1, 3 and 5 to 8).
FORM 12 (Subrule 20(5))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
BETWEEN:
Petitioner
- and -
Respondent
AFFIDAVIT OF THE APPLICANT
I, , of the of , in the , MAKE OATH AND SAY AS
FOLLOWS:
PARTIES:
1. I am the spouse of the Respondent (or Petitioner) whose last known address is in (mailing address) the , in the . (name of community) (province or territory)
MARRIAGE:
2. I was married to the Respondent (or Petitioner), , on , 19 , at (month) (day) , in the , and attached to and marked Exhibit "A" to this affidavit is a certified copy of a marriage certificate issued by the , which accurately sets out (name of issuer and province or territory in which it was issued) the particulars of my marriage.
(If a marriage certificate cannot be obtained, the marriage must be proved by setting out the circumstances of the marriage: the place and date, the licence, the person who performed the marriage, the witnesses, and the fact that the parties then considered themselves married. A certificate from a religious ceremony may, in addition, be appended as an exhibit. It is expected that a marriage certificate from a marriage in Canada will be obtained.)
RESIDENCE:
3. I (or the Respondent or Petitioner) have been ordinarily resident in the Northwest Territories for a period of at least one year immediately preceding the day the Petition for Divorce was issued in this divorce proceeding.
GROUNDS:
4. There has been a marriage breakdown, which is evidenced by the following:
I separated from the Respondent on , 19 , at in the , and have (month) (day) lived separate and apart from the Respondent since that date, which is a period in excess of one year.
OR
There has been a marriage breakdown, which is evidenced by the following:
(a) The Respondent has committed adultery as evidenced by his (or her) affidavit filed in this divorce proceeding;
(b) I separated from the Respondent on , 19 , at in the , and (month) (day) have lived separate and apart from the Respondent since that date.
OR
There has been a marriage breakdown, which is evidenced by the following:
(a) The Respondent has treated me with mental or physical cruelty, particulars of which are as follows:
(Here put in the details of the conduct that the applicant alleges establishes the existence of the mental or physical cruelty.)
(b) I separated from the Respondent on , 19 , at in the , (month) (day) and have lived separate and apart from the Respondent since that date.
BARS TO DIVORCE:
5. (1) I have not entered into any agreement or conspiracy, either directly or indirectly, for the purpose of subverting the administration of justice, nor have I entered into any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the Court in this action.
(The following two paragraphs are applicable only if the grounds are adultery or mental or physical cruelty.)
(2) I have not done anything to encourage the Respondent to commit the acts complained of, nor have I done anything which would have led the Respondent to believe that I would agree or not object to such acts.
(3) I have not forgiven the Respondent for committing the acts described in this affidavit and have not taken him (or her) back to live with me as my spouse.
MOTIFS :
4. Il y a eu échec du mariage pour la cause suivante :
Je me suis séparé de l'intimé le 19 , à (jour) (mois) séparé de l'intimé depuis cette date, ce qui représente une période
OU
Il y a eu échec du mariage pour la cause suivante :
a) L'intimé a commis l'adultère comme le prouve son affidavit
b) Je me suis séparé de l'intimé le 19 , à (jour) (mois) vécu séparé de l'intimé depuis cette date.
OU
Il y a eu échec du mariage pour la cause suivante :
a) L'intimé m'a traité avec une cruauté physique ou mentale comme
(Faites part de ces détails qui permettent d'établir l'existence
b) Je me suis séparé de l'intimé le 19 , à (jour) (mois) vécu séparé de l'intimé depuis cette date.
EMPÊCHEMENT AU DIVORCE :
5. (1) Je n'ai pas conclu d'entente ou de complot, directement la justice, ni conclu d'accord, d'entente ou d'arrangement preuve ou à tromper le tribunal dans la présente action.
(Les deux paragraphes suivants s'appliquent seulement mentale.)
(2) Je n'ai rien fait pour encourager l'intimé à commettre les à l'intimé que je consentais ou ne m'opposait à ces actes.
(3) Je n'ai pas pardonné à l'intimé les actes commis qui sont avec moi en tant qu'époux (épouse).
CHILDREN, CHILD CARE AND FINANCIAL ARRANGEMENTS FOR CHILDREN:
6. There are no children of the marriage as defined in the Divorce Act (Canada).
OR (1) There are children of the marriage, as defined in the Divorce Act (Canada), namely:
, born on , 19 , (month) (day) , born on , 19 , (month) (day) , born on , 19 .
(month) (day)
(2) (Set out arrangements for custody and access).
(3) The following arrangements have been made for the support of the children of the marriage and it is my belief that these are reasonable arrangements as required by paragraph 11(1)(b) of the Divorce Act (Canada):
(a) (set out amount to be paid each month plus any other benefits to be provided); (b) (set out Petitioner's income and occupation); (c) (set out Petitioner's monthly expenses); (d) (set out Respondent's income and occupation); (e) (detail other financial information relevant to assets, income and expenses and verify information contained in any financial statements attached to the Petition or other pleading); (f) (indicate whether any of the children have special needs); (g) (provide any other information necessary to satisfy the Court that the arrangements are reasonable).
(In addition, a copy of any agreement may be attached).
SPOUSAL SUPPORT:
7. The following arrangements have been made for spousal support:
FINANCIAL STATEMENTS
8. My financial statement, filed on , is accurate (or if the financial statement is no longer accurate: is no longer accurate and attached to and marked Exhibit "B" to this affidavit is my financial statement and it is accurate).
RECONCILIATION:
9. There is no possibility of reconciliation between my spouse and me.
PETITION FOR DIVORCE:
10. I have read the Petition for Divorce filed in this divorce proceeding correct except where otherwise stated in this affidavit.
RELIEF REQUESTED:
11. This affidavit is made in support of an application for the following (Set out in list form relief being requested.)
SWORN before me at the ) of in the )
) on 19 . ) (month) (day)
Note: This affidavit must be signed before a person authorized to
REQUÊTE EN DIVORCE :
10. J'ai lu la requête en divorce déposée dans la présente contenus sont exacts, sauf disposition différente dans le présent
MESURES DE REDRESSEMENT :
11. Le présent affidavit est produit afin de soutenir la demande (Énumérez sur une liste les mesures de redressement demandées.)
ASSERMENTÉ devant moi au (à la) ) de dans )
) le 19 .) (jour) (mois)
N. B. : Le présent affidavit doit être souscrit en présence d'une de la Loi sur la preuve.
FORM 13 (Subrule 21(2))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER OF the Joint Petition for Divorce of and
AFFIDAVIT OF THE APPLICANT
(JOINT PETITION)
I, , of the of , in the , MAKE OATH AND SAY AS
FOLLOWS:
1. I am the spouse of the Petitioner .
2. I have read the Joint Petition for Divorce filed in this divorce proceeding and the information in the Petition is correct (or add: except as corrected in this affidavit and set out any corrections).
Add, where a financial statement or statement of property is filed:
3. My financial statement, filed , is accurate.
SWORN before me at the ) of in the )
) on , 19 . ) (month) (day)
(Signature of deponent)
Note: 1. Where the affidavit is made by the Petitioners jointly, the appropriate changes must be made to items 1 and 2.
2. This affidavit must be signed before a person authorized to take affidavits by the Evidence Act.
FORM 14 (Subrule 22(1))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
(Style of cause)
BEFORE THE HONOURABLE ) day, the ) day of , 19 , IN CHAMBERS ) Yellowknife, Northwest Territories
DIVORCE JUDGMENT
(WITHOUT ORAL EVIDENCE)
The Petition for Divorce coming on this day, and upon reading the pleadings and the Affidavit of
;
IT IS HEREBY ADJUDGED that the Court renders a Judgment of Divorce between the Petitioner and the Respondent (or the Petitioner and the Petitioner ), who were married on , (month) (day) 19 , at , in the , the divorce to be effective on the 31st day after the day this Judgment is rendered, unless this Judgment is appealed before that 31st day.
LET THIS JUDGMENT ISSUE:
Judge of the Supreme Court
ENTERED on , 19 (month) (day) Clerk of the Supreme Court
Clerk of the Supreme Court
Note: The following shall be added to the Divorce Judgment:
THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS JUDGMENT TAKES EFFECT, AT WHICH TIME EITHER SPOUSE MAY OBTAIN A CERTIFICATE OF DIVORCE FROM THIS COURT. IF AN APPEAL IS
TAKEN FROM THIS JUDGMENT, IT MAY DELAY THIS JUDGMENT TAKING EFFECT.
FORM 15 (Subrule 22(2))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
(Style of cause)
BEFORE THE HONOURABLE ) day, the ) day of , 19 , IN CHAMBERS ) Yellowknife, Northwest Territories
DIVORCE JUDGMENT
The Petition for Divorce coming on this day, and upon hearing what was adduced on behalf of the parties;
IT IS HEREBY ADJUDGED that the Court renders a Judgment of Divorce between the Petitioner and the Respondent, who were married on , 19 , at , in the , (month) (day) the divorce to be effective on the 31st day after the day that this Judgment is rendered, unless this Judgment is appealed before that 31st day.
ENTERED on , 19 . (month) (day) Clerk of the Supreme Court
Clerk of the Supreme Court
Note: The following shall be added to the Divorce Judgment:
THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS JUDGMENT TAKES EFFECT, AT WHICH TIME EITHER SPOUSE MAY OBTAIN A CERTIFICATE OF DIVORCE FROM THIS COURT. IF AN APPEAL IS
TAKEN FROM THIS JUDGMENT, IT MAY DELAY THIS JUDGMENT TAKING EFFECT.
FORM 16 (Subrule 22(3))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
(Style of cause)
BEFORE THE HONOURABLE ) day, the ) day of , 19 , IN CHAMBERS (or COURT) ) Yellowknife, Northwest Territories
COROLLARY RELIEF ORDER
The parties to this proceeding having been divorced by a Divorce Judgment rendered on , (month) (day) 19 , and this matter having come on for hearing in the presence of the Applicant and the Respondent (or in the absence of the parties and counsel, and upon considering the pleadings and the affidavit (or the evidence presented), it is hereby ordered:
1. shall have custody of the following children of the marriage:
born on , 19 , (month) (day) born on , 19 , (month) (day) born on , 19 . (month) (day)
2. shall have reasonable access to the children of the marriage as follows:
3. shall pay to for the support of the children of the marriage the sum of $ each month for each child, commencing on , 19 . (month) (day)
LET THIS JUDGMENT ISSUE:
Judge of the Supreme Court
Clerk of the Supreme Court ENTERED on , 19 . (month) (day)
Clerk of the Supreme Court
FORM
IN THE SUPREME COURT OF THE
(Style of cause)
REQUEST FOR A CERTIFICATE
I, of in the hereby
DATED at in the on (community) (territory or province) (month)
FORMULE
COUR SUPRÊME DES TERRITOIRES
(intitulé de la
REQUÊTE DE CERTIFICAT
Je soussigné, de dans
FAIT à , dans , le (collectivité) (territoire ou province)
FORM
IN THE SUPREME COURT OF THE
(Style of cause)
CERTIFICATE OF
to certify that the marriage of and , 19 was dissolved by a judgment that became effective
in the on (community) (territory or province) (month)
FORM 19 (Subrule 30(1))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
BETWEEN:
Petitioner
- and -
Respondent
NOTICE OF CONFIRMATION HEARING
TO:
TAKE NOTICE that an application to confirm the Provisional Order of of (Judge) made on , 19 will be heard by the presiding judge (Court) (month) (day)
at in the Northwest Territories on the , 19 at a.m. (or p.m.) (address) (month) (day)
or as soon after that time as the matter can be heard.
FURTHER TAKE NOTICE that in support of the application will be read all material forwarded by the Court that granted the Provisional Order and filed with the Clerk of the Supreme Court of the Northwest Territories.
AND FURTHER TAKE NOTICE that if you do not appear in person or with counsel, an order may be made in your absence and enforced against you.
DATED at in the on , 19 . (community) (territory or province) (month) (day)
Clerk of the Supreme Court Territorial Printer, Northwest Territories Yellowknife, N.W.T./1997©