The main document you will have to prepare is a ''Notice of Family Claim '' in form Form F3, a specical special form prescribed by the Supreme Court Family Rules. (This document is one of the basic legal documents in a law suit collectively court proceeding known as "pleadings".) The primary rules about Notices of Family Claim and the commencement of a law suit court proceeding are:

*Rule 1-1: definitions*Rule 3-1: commencing an action*Rule 4-1: Notices of Family Claim and service requirements*Rule 4-3: replying to an action*Rule 5-1: financial disclosure*Rule 6-3: personal service*Rule 7-1: Judicial Case Conferences*Part 9: disclosure and discovery of documents*Part 10: chambers procedure*Rule 11-4: discontinuing an action*Part 13: expert witnesses*Rule 11-3: summary trial procedure*Rule 14-7: trial procedureA link to the Supreme Court Family Rules is provided in the section Resources & Links, and much more detailed information about the rules is available in New Rules 101.

A link to the Supreme Court Family Rules is provided in the chapter _____. Sample court forms and blank court forms for download are available in the Downloads segment below____.

 The Notice of Family Claim sets out: the name and address for service of the person bringing starting the claimcourt proceeding, the Claimant; the name and address of the person against whom the claim is made, the Respondent; the basic history of the parties' relationship; and, the bare essentials of the Claimant's claims.

#divorce;#children, including child support;#spousal support;#the division of property; and,#other related mattersorders, such as like restraining ordersor orders for the change of a person's name. The Notice of Family Claim must be filed in the court registry and be personally served on the Respondent. (The Respondent has thirty days from the date of service to file a Response to Family Claim.) If you are asking for a divorce order, you'll have to fill out a ''Registration of Divorce Proceeding '' form when you file your Notice of Family Claim.

The ''Divorce Act '' and Rule 6-3(2) of the Supreme Court Family Rules say that a Claimant cannot serve a Respondent him- or herself. You must either pay a process server to do it or enlist the help of a friend over the age of majority. Although this ought go without saying, do not use one of your children to effect serviceserve your ex.

If the Respondent fails to file and deliver his or her ''Response to Family Claim'' within 30 days, the Claimant may be able to apply for the orders asked for in the Notice of Family Claim by way of a default judgment, using the desk order process described in the _____ chapter. You should be aware that in most cases the courts are fairly lenient towards litigants people who miss filing deadlines. A Claimant should not expect to "win" on a technicality of this nature; if a Respondent files his or her Response to Family Claim late, the court will usually, depending on the circumstances, allow give the Respondent an extension of time and overlook the missed due date.

If the Respondent has chosen to file a Response to Family Claim, he or she has decided to oppose your claim. This doesn't mean that you're necessarily going to wind up in a trial, but it does mean that at least for now the Respondent disagrees with some or all of the relief you're seeking. One of three things is going to happen in your court proceeding: #you'll settle your disagreement out of court, and come up with either a separation agreement or an order that you both agree the court should make, called a consent order;#you'll not be able to agree, and the intervention of the court at a trial will be required; or,#after some initial scuffles, neither you nor the Respondent will take any steps to further in the litigation court proceeding and the matter proceeding will languish. 

<blockquote>'''Exchange Financial Statements: .''' ''Financial Statements '' are required whenever the division of property or the payment of support is at issue. Financial Statements must be exchanged before the first Judicial Case Conference, and updated statements will be required throughout the case and before trial.</blockquote> <blockquote>'''Have a Judicial Case Conference: .''' A JCC is necessary before most interim applications can be brought. JCCs are informal, off-the-record meetings between the parties, their lawyers and a judge intended to canvas areas of agreement and disagreement, and set dates and deadlines for the remaining steps in the litigation. JCCs are discussed in more detail in the last part of this chapter.</blockquote> <blockquote>'''Interim Applications: .''' In almost all cases, parties need the court to decide certain issues on a temporary basis until the trial can be heard. Typically, people need a set of rules to guide them until the claims at issue in their conduct towards each other and the children until the issues can be court proceeding are finally determined. The most common interim applications in family law cases involve financial and personal restraining orders, the care and control of the children, and the payment of child support and spousal support. The process for bringing interim applications is discussed in detail in the chapter The Legal System ______.</blockquote> Interim Applications. <blockquote>'''Document Disclosure and Production: .''' The Rules rules of court require that each party produce to the other all documents in their possession that are relevant to the matters at issue in an action. This can include things like bank statements, report cards, medical records, school reports and so forth. Each party must list these documents in a formal ''List of Documents'', and keep their Lists of Documents updated when new documents are found or become available.</blockquote> <blockquote>'''Discovery: .''' The parties may, if they wish, conduct a cross-examination of the other party under oath, outside of court. This is called an Examination for Discovery. Examinations for Discovery are helpful to get the other party's views of the evidence and the matters at issue on the record. Discoveries are almost always held after Financial Statements have been prepared and the documents have been exchanged.Have a Settlement Conference: The Rules allow a party to set a Settlement Conference before a judge ahead of trial. At this hearing, the parties will explain their positions to the court and their areas of disagreement and hopefully negotiate a settlement. These conferences can be very helpful, as the judge will often function as mediator and help the parties work towards setttlement. The judge may also express his or her opinion about the stengths and weaknesses of each party's position, which also encourages settlement.Have a Trial Management Conference: A TMC is a formal hearing before a judge designed to fix the schedule of events at the trial and resolve as many disputes about evidence before trial as possible. Among other things, the judge will ask about the witnesses each party intends to call, the completeness of the disclosure made to date, expert's reports and expert witnesses, and anything else that can dealt with to help make sure the trial will go ahead and be completed within the time available. A TMC is generally not an opportunity to engage in settlement discussions.Trial: At the end of the day, if you can't agree you will wind up at trial. At the trial, each side will call their witnesses to give evidence, cross-examine the witnesses of the other party, and give their argument as to why the judge ought to decide the case in their favour. The judge will hear all the evidence and the arguments, and reach a decision in the form of Reasons for Judgment. The lawyers, or the court clerk in the absence of lawyers, will prepare a final order based on the Reasons for Judgment.This is, of course, just a rough sketch of the lengthy process of bringing an action to a conclusion. Not every case will need to use all of these steps (some people may not need to have Examinations for Discovery and others won't see the point of holding a Settlement Conference, for example), and some steps may need to be repeated more than once. As well, the actual trial process is much, much more complex that my brief description.</blockquote>

===Financial Statements===If <blockquote>'''Have a Settlement Conference.''' The rules allow a party to schedule a Settlement Conference before a judge ahead of trial. At this hearing, the parties will explain their positions to the case involves court and their areas of disagreement and hopefully negotiate a claim for spousal supportsettlement. These conferences can be very helpful, child support as the judge serves as a mediator and helps the parties work towards a settlement. The judge may also express his or her opinion about the division strengths and weaknesses of assets, each party must prepare and file a Financial Statement. A Financial Statement sets out a person's income, expenses, assets and liabilities and is sworn on oath or affirmationposition, just like an Affidavit, by a lawyer, notary public or registry clerkwhich also encourages settlement.</blockquote>

Financial Statements are very important in family law cases<blockquote>'''Have a Trial Management Conference. The portions ''' A TMC is a formal hearing before a judge designed to fix the schedule of events at the trial and resolve as many disputes about income are critical for determining child support and spousal support, and, unless there are appraisals or evidence before trial as possible. Among other documents that establish amountthings, the portions judge will ask about assets and debts will sometimes be used the witnesses each party intends to establish call, the value completeness of an asset and the outstanding balance of a liability. As welldisclosure made to date, since Financial Statements are sworn statementsexpert's reports and expert witnesses, someone making a Financial Statment and anything else that can find his or her credibility being challenged if be dealt with to help make sure the numbers don't make sense, if they are overblown or understated, if they omit critical information, or if they are outright fabricationstrial will go ahead and be completed within the time available. A TMC is generally not an opportunity to engage in settlement discussions.</blockquote>

Each <blockquote>'''Trial.''' At the end of the day, if you can't agree you will wind up at trial. At the trial, each side will call their witnesses to give evidence, cross-examine the witnesses of the other party must attach , and give their argument as to why the judge ought to decide the case in their Financial Statements favour. The judge will hear all the evidence and the arguments, and reach a number decision in the form of ''Reasons for Judgment''. The lawyers, or the court clerk in the absence of important documents:lawyers, will prepare a final order based on the Reasons for Judgment.</blockquote>

This is, of course, just a rough sketch of the last three years' worth lengthy process of bringing an action to a conclusion. Not every case will need to use all of tax returns these steps (what's required are the complete T1 income tax and benefit returns, some people may not tax return "summaries" or "informations");all Notices of Assessment need to have Examinations for Discovery and Reassessment received in connection with the last three tax years;the partyothers won's most recent paystub, showing his or her earnings to date, or if t see the party isn't workingpoint of holding a Settlement Conference, then his or her most recent WCB statementfor example), social assistance statement or EI statement;business and/or corporate records such as financial statements and corporate income tax returns, if the party has an incoporated or unincorporated business; andsome steps may need to be repeated more than once. As well,the most recent BC Assessments for all real property.The form which must be used actual trial process is Form F8much, set out in Appendix A of the Supreme Court Family Rulesmuch more complex that my brief description.

===Judicial Case ConferencesFinancial Statements===Judicial Case Conferences are relatively informal, off-the-record, private meetings between the parties, their lawyers and a judge in a courtroom. JCCs must be held in all contested family law actions, and, in most cases, they must be held before any interim applications can be heard.

JCCs are discussed in more detail belowIf the case involves a claim for spousal support, child support or the division of assets, each party must prepare and file a ''Financial Statement''. A Financial Statement sets out a person's income, expenses, assets and liabilities and is sworn on oath or affirmation, just like an Affidavit, by a lawyer, notary public or registry clerk.

===Downloads===In this segment you can download blank court forms Financial Statements are very important in Word formatfamily law cases. The portions about income are critical for determining child support and spousal support, and, unless there are appraisals or other documents that establish amount, samples the portions about assets and debts will sometimes be used to establish the value of completed forms in PDF format an asset and technical papers about the Supreme Court Family Rulesoutstanding balance of a liability. Additional court form templates As well, since Financial Statements are sworn statements, someone making a Financial Statement can be found in find his or her credibility being challenged if the Resources & Links section of this websitenumbers don't make sense, if they are overblown or understated, if they omit critical information, or if they are outright fabrications.

1. Sample DocumentsThe links below will open sample court documents in a new window. You will require Adobe Acrobat Reader Each party must attach to view these files, their Financial Statements a free program available for download from Adobe Software.number of important documents:

In this sample, our fictitious Claimant, Jane Doe, is suing her husband, John Doe, for a divorce, orders relating to #the care and control last three years' worth of tax returns (what's required are the childrencomplete T1 income tax and benefit returns, orders for the payment not tax return "summaries" or "informations");#all Notices of spousal Assessment and child supportReassessment received in connection with the last three tax years;#the party's most recent paystub, orders relating showing his or her earnings to date, or if the division of propertyparty isn't working, then his or her most recent WCB statement, a common social assistance statement or EI statement;#business and/or corporate records such as financial restraining orderstatements and corporate income tax returns, if the party has an incorporated or unincorporated business; and a declaration that ,#the parties are unable to reconcile. Areas where the court form offers a choice or where you must supply information are indicated in burgundy textmost recent BC Assessments for all real property.

Also included The form which must be used is a sample of the form required when divorce proceedings are commencedForm F8, which notifies the central divorce registry set out in Ottawa, Ontario, of the commencement Appendix A of the action for divorceSupreme Court Family Rules.

Form F3: Notice of Family Claim (PDF)Registration of Divorce Proceeding (PDF)Form F8: Financial Statement (PDF)Form F19: Notice of ===Judicial Case Conference (PDF)These sample documents are just that: samples. While they represent a more or less accurate picture of how Jane Doe might fill out her forms, they may not be applicable to your situation. Use them as a reference only together with the official court form.Conferences===

2. Court FormsClick Judicial Case Conferences are relatively informal, off-the-record, private meetings between the links below to open templates parties, their lawyers and a judge in Word formata courtroom. Areas where you JCCs must supply information are indicated be held in all contested family law actions, and, in green textmost cases, they must be held before any interim applications can be heard.