Difference between revisions of "Disclosure and Discovery in Supreme Court Family Law Proceedings"

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==Court forms for disclosure in BC Supreme Court==
==Court forms for disclosure in BC Supreme Court==
We discussed Rules 5-1 and 9-1 above, and introduced the two forms which form the foundation of disclosure in a BC Supreme Court family law proceeding.
Earlier in this section you were introduced to two of the most important disclosure-related forms in BC Supreme Court family law proceedings: the Form F8 Financial Statement, which follows Rule 5-1 - Financial Statements; and the Form F20 List of Documents, which is key to complying with Rule 9-1 - Discovery and Inspection of Documents.


Let's dive into how you prepare and manage these important forms.
Let's dive into how you use these critical forms.


===Form F8 Financial Statement===
===Form F8 Financial Statement===
The Supreme Court Family Rules contains a specific form for financial disclosure, called a Form F8 Financial Statement. Here we will call it the Form F8 for ease of reference. These are very important in family law proceedings. As noted above, Rule 5-1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] refers to this form and its various parts.
Rule 5-1 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules] refers extensively to the Form F8 Financial Statement. Here we will call it the Form F8 for ease of reference. It is very important in most family law proceedings.


====Overview of the Form F8====
====Overview of the Form F8====
In a Form F8 you provide the court and the other party with a picture of your finances. The parts about income (and in many cases expenses) are critical for determining child support and spousal support, and — unless there is more complete evidence in the form of appraisals or other independent documents that prove the value of real estate and other property — the part of the form relating to assets and debts may be used by the court to determine the value of an asset or the amount owing on a debt. It's important to take care when completing this form. Form F8s are ''sworn'' or ''affirmed'' by the party who prepares it, meaning they are giving their word that the information being provided is honest and accurate. Someone who swears or affirms a Form F8 one can find their credibility being challenged if the numbers don't make sense — overblown or understated — if critical information is omitted, or if there are outright fabrications in the statement.
In a Form F8 you provide the court and the other party with a picture of your finances. The parts about income (and in many cases expenses) are critical for determining child support and spousal support, and — unless there is more complete evidence in the form of appraisals or other independent documents that prove the value of real estate and other property — the part of the form relating to assets and debts may be used by the court to determine the value of an asset or the amount owing on a debt. It's important to take care when completing this form. Form F8s are ''sworn'' or ''affirmed'' by the party who prepares it, meaning they are giving their word that the information being provided is honest and accurate. Someone who swears or affirms a Form F8 one can find their credibility being challenged if the numbers don't make sense — overblown or understated — if critical information is omitted, or if there are outright fabrications in the statement.


The Form F8 has introductory pages where you will find instructions and a space to list any significant changes that you may anticipate. It has various parts, and you need to follow the form's instructions to know which ones to complete:  
The Form F8's introductory pages give instructions and a space to list any significant changes that you may anticipate. These are followed by the form's various parts or sections, and you need to follow the form's instructions to know which ones apply to you:  
# Part 1 - Income
# Part 1 - Income
# Part 2 - Expenses
# Part 2 - Expenses
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# Part 6 - Income of Other Persons in Household
# Part 6 - Income of Other Persons in Household


Again, which parts you complete depends on what orders are being asked for in the Form F3 Notice of Family Claim or the Form F5 Counterclaim.  
The parts you need to complete depends on what orders are being asked for in the Form F3 Notice of Family Claim or the Form F5 Counterclaim.  


The Form F8 is one of the most important documents that you and the other side will file in court. This is because judges rely on the critical information it contains when deciding on orders.  
Take the time to prepare your Form F8 carefully. It is absolutely one of the most important documents that you and the other side will file in court. Judges rely on the critical information it contains when deciding on orders, and the information you provide here will most likely be heavily scrutinized.  


For example, parts 1 and 2 (income and expenses) are critical for determining child support and spousal support. Part 3 (property and debt) is crucial for establishing the value of what the parties own and what they owe, but it also tells the court if the party who completes it has any excluded property, or if they got rid of property in the last two years (since a court may decide one party should compensate the other for disposing of family property.)
Legal Aid BC's Family Law Website has a [https://www.familylawinbc.ca/bc-legal-system/legal-forms-documents/filling-out-court-forms/complete-supreme-court-financial helpful guide] that can walk you through completing your Form F8, and it answers many common questions about the form.
 
Parts 1 and 2 (income and expenses) are critical for determining child support and spousal support. Part 3 (property and debt) is crucial for establishing the value of what the parties own and what they owe, but it also tells the court if the party who completes it has any excluded property, or if they got rid of property in the last two years (since a court may decide one party should compensate the other for disposing of family property.)


==== Who needs to complete a Form F8====
==== Who needs to complete a Form F8====
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* ''[https://canlii.ca/t/jg36q Etemadi v. Maali]''
* ''[https://canlii.ca/t/jg36q Etemadi v. Maali]''
* [https://legalaid.bc.ca/services/family-law-legal-advice Legal Aid BC's Family LawLINE and duty counsel] information page
* [https://legalaid.bc.ca/services/family-law-legal-advice Legal Aid BC's Family LawLINE and duty counsel] information page
* [https://www.familylawinbc.ca/bc-legal-system/legal-forms-documents/filling-out-court-forms/complete-supreme-court-financial Complete a Supreme Court Financial Statement (Form F8)] guide from Legal Aid BC's Family Law Website
* [https://supremecourtbc.ca/family-law/before-trial/discovery/discovery-introduction Family Law Discovery] information page from Legal Education Society's Online Help Guide for BC Supreme Court
* [https://supremecourtbc.ca/family-law/before-trial/discovery/discovery-introduction Family Law Discovery] information page from Legal Education Society's Online Help Guide for BC Supreme Court
* [https://www.bcassessment.ca/ BC Assessment website]
* [https://www.bcassessment.ca/ BC Assessment website]
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