Fillable Printable 19 Divorce Forms (Statement, Petition, Agreement, etc)- Alberta

19 Divorce Forms (Statement, Petition, Agreement, etc)- Alberta

Alberta Rules of Court 390/68 Schedule B

4.2.1 March, 2006

SCHEDULE B

(Rules 561.1 to 577.3)

Table of Contents

4.2.2 Form 1 Statement of Claim for Divorce

4.2.7 Form 2 Statement of Claim for Divorce and

Division of Matrimonial Property

4.2.13 Form 3 Statement of Defence

4.2.14 Form 4 Statement of Defence and Counterclaim for Divorce

4.2.19 Form 5 Statement of Defence and Counterclaim for Divorce and

Division of Matrimonial Property

4.2.25 Form 6 Demand of Notice

4.2.26 Form 7 Demand of Notice and Counterclaim for Divorce

4.2.31 Form 8 Demand of Notice and Counterclaim for Divorce and

Division of Matrimonial Property

4.2.37 Form 9 Notice of Motion for Interim Corollary Relief

4.2.39 Form 10 Originating Notice

4.2.40 Form 11 Notice of Confirmation Hearing

4.2.41 Form 12 Request for Divorce (Without Oral Hearing)

4.2.42 Form 13 Request for a Certificate of Divorce

4.2.43 Form 14 Certificate of Divorce

4.2.44 Form 15 Affidavit of Applicant

4.2.50 Form 16 Divorce Judgment (Without Oral Evidence)

4.2.51 Form 17 Divorce Judgment and Corollary Relief Order

(Without Oral Evidence)

4.2.55 Form 18 Corollary Relief Order

4.2.58 Form 19 Variation Order

Alberta Rules of Court 390/68 Schedule B Form 1

4.2.2 March, 2006

SCHEDULE B

(Rules 561.1 to 577.3)

FORM 1

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF _____________

BETWEEN:

___________________________________________________, Plaintiff

and

___________________________________________________, Defendant

STATEMENT OF CLAIM FOR DIVORCE

The Parties

1.(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties at birth were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at _______ on the _______ day of _______, 20_______.

(6) The husband was born at ______ on the ______ day of ______, 20_______.

(7) The parties ceased cohabiting on the _______ day of _______, 20_______.

(8) The Plaintiff’s address is:

(9) The Defendant’s address is:

Residence

2. The Plaintiff (or Defendant) has been ordinarily resident in the Province of

Alberta for at least one year immediately preceding the date of this Statement of

Claim.

Alberta Rules of Court 390/68 Schedule B Form 1

4.2.3 March, 2006

Grounds

3. The Plaintiff’s ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of one year)

(the Defendant has committed adultery) (the Defendant has treated the Plaintiff

with cruelty; specify whether mental cruelty or physical cruelty or both).

Reconciliation

4.(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made:

Bars To Divorce

5.(1) There has been no collusion in relation to this divorce action.

(2) (if the grounds are under section 8(2)(b) of the Divorce Act (Canada)). The

Plaintiff has not connived at or condoned the grounds complained of prior to

bringing this divorce action.

Children

6. The particulars of the children of the marriage are as follows:

(a) the names and dates of birth of each of the children are:

(b) the Plaintiff proposes custody as follows:

(d) the Plaintiff proposes financial arrangements for the children as

follows:

(d) the financial arrangements for the support of the children are as

follows:

Agreements

7. There are in existence the following agreements between the parties or with

a third party relating to the children of the marriage:

Alberta Rules of Court 390/68 Schedule B Form 1

4.2.4 March, 2006

Court Proceedings

8. The details of any court orders whether in the Court of Queen’s Bench of

Alberta, the Provincial Court of Alberta or any other jurisdiction in regard to the

marriage, support of the parties, property or custody, access and support of the

children are as follows:

Employment

9.(1) The Plaintiff’s

(a) place of employment is:

(b) gross income is:

(d) taxable income for the last tax return was:

(2) The Defendant’s

(a) place of employment is:

(b) gross income is:

(d) taxable income for the last tax return was:

CLAIMS UNDER THE DIVORCE ACT

10. The Plaintiff makes the following claims:

(a) a Divorce Judgment;

(b) custody of ______________________;

(d) support of the child or children in the sum of $________ per month

(commencing on __________________ (and being retroactive to

_________________________));

(d) support of the child or children pursuant to the Child Support

Guidelines (commencing on __________________ (and being

retroactive to _________________________));

Alberta Rules of Court 390/68 Schedule B Form 1

4.2.5 March, 2006

(e) support for the Plaintiff in the sum of $_______ per month

(commencing on _______ (and being retroactive

to______________________));

(f) lump sum support for the Plaintiff in the sum of $________;

(g) a restraining order;

(h) costs.

DATED at ________, in the Province of Alberta, this _______ day of

______, 20_____, AND DELIVERED by _________ Barrister and Solicitor,

_________, Alberta, Solicitor for the Plaintiff, whose address for service is in

care of that Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen’s Bench of

Alberta, Judicial District of ________, at the ________, in the Province of

Alberta, this ________ day of ________, 20______.

____________________

Clerk of the Court

STATEMENT OF SOLICITOR:

I, __________, solicitor for the Plaintiff, certify to the Court that I have

complied with the requirements of section 9 of the Divorce Act (Canada).

Dated at __________, in the Province of Alberta, this ________day of

________, 20______.

(Signature of Lawyer)

Alberta Rules of Court 390/68 Schedule B Form 1

4.2.6 March, 2006

NOTICE TO THE DEFENDANT

TO:

A CLAIM HAS BEEN MADE FOR A

DIVORCE JUDGMENT AND OTHER

RELIEF. The details are set out in the

attached Statement of Claim.

1. IF YOU DISPUTE ANY OF THE

CLAIMS or IF YOU WISH TO MAKE

ANY CLAIM YOURSELF, YOU

MUST FILE A STATEMENT OF

DEFENCE at the court office shown on

the Statement of Claim within the

following times:

(a) if you were served in Alberta,

within 15 days from the date of

service;

(b) if you were served elsewhere in

Canada, within 40 days from the

date of service;

than that referred to in clause (a)

or (b), within the time indicated

on the Order for Service.

2. IF YOU DO NOT FILE

(a) A STATEMENT OF

DEFENCE, or

(b) A DEMAND OF NOTICE

requiring that notice of any

application to be made in this

action be given to you,

and if you do not serve a copy of that

Statement of Defence or Demand of

Notice on the plaintiff at the address for

service given in the Statement of Claim,

you are not entitled to notice of any

further proceedings and an order may be

made in your absence and enforced

against you.

This Statement of Claim is issued by:

______________________, Solicitor

for the Plaintiff who resides at _______,

Alberta,

and whose address for service is c/o the

said Solicitor and is addressed to the

Defendant whose residence so far as is

known to the Plaintiff is _____, Alberta.

NO.

IN THE COURT OF

QUEEN’S BENCH

OF ALBERTA

JUDICIAL DISTRICT

OF ________________

BETWEEN:

___________, Plaintiff

and

___________, Defendant

STATEMENT OF CLAIM FOR

DIVORCE

(Lawyer’s name, address and

telephone number)

Alberta Rules of Court 390/68 Schedule B Form 2

4.2.7 March, 2006

FORM 2

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF _____________

BETWEEN:

___________________________________________________, Plaintiff

and

___________________________________________________, Defendant

STATEMENT OF CLAIM FOR DIVORCE AND

DIVISION OF MATRIMONIAL PROPERTY

DIVORCE

The Parties

1.(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties at birth were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at _______ on the _______ day of _______, 20_______.

(6) The husband was born at ______ on the ______ day of ______, 20_______.

(7) The parties ceased cohabiting on the _______ day of _______, 20_______.

(8) The Plaintiff’s address is:

(9) The Defendant’s address is:

Residence

2. The Plaintiff (or Defendant) has been ordinarily resident in the Province of

Alberta for at least one year immediately preceding the date of this Statement of

Claim.

Alberta Rules of Court 390/68 Schedule B Form 2

4.2.8 March, 2006

Grounds

3. The Plaintiff’s ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of one year)

(the Defendant has committed adultery) (the Defendant has treated the Plaintiff

with cruelty; specify whether mental cruelty or physical cruelty or both).

Reconciliation

4.(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made:

Bars To Divorce

5.(1) There has been no collusion in relation to this divorce action.

(2) (if the grounds are under section 8(2)(b) of the Divorce Act (Canada)). The

Plaintiff has not connived at or condoned the grounds complained of prior to

bringing this divorce action.

Children

6. The particulars of the children of the marriage are as follows:

(a) the names and dates of birth of each of the children are:

(b) the Plaintiff proposes custody as follows:

(d) the Plaintiff proposes financial arrangements for the children as

follows:

(d) the financial arrangements for the support of the children are as

follows:

Agreements

7. There are in existence the following agreements between the parties or with

a third party relating to the children of the marriage:

Alberta Rules of Court 390/68 Schedule B Form 2

4.2.9 March, 2006

Court Proceedings

8. The details of any court orders whether in the Court of Queen’s Bench of

Alberta, the Provincial Court of Alberta or any other jurisdiction in regard to the

marriage, support of the parties, property or custody, access and support of the

children are as follows:

Employment

9.(1) The Plaintiff’s

(a) place of employment is:

(b) gross income is:

(d) taxable income for the last tax return was:

(2) The Defendant’s

(a) place of employment is:

(b) gross income is:

(d) taxable income for the last tax return was:

MATRIMONIAL PROPERTY CLAIM:

10. The parties are resident in Alberta. (or as the case may be)

11. During the marriage the parties acquired both real and personal property in

their names, either jointly or separately. (The particulars of that property,

together with the exemption claimed, will be set out in the matrimonial property

statements to be filed in this action.)

12. The Plaintiff is entitled to an equitable division of the matrimonial

property.

13. Trial of this action to be held at

________________, Alberta.

CLAIMS UNDER THE DIVORCE ACT

14. The Plaintiff makes the following claims:

Alberta Rules of Court 390/68 Schedule B Form 2

4.2.10 March, 2006

(a) a Divorce Judgment;

(b) custody of

_________________________________;

(d) support of the child or children in the sum of $

_________ per month

(commencing on

___________ (and being retroactive to ___________));

(d) support of the child or children pursuant to the Child Support

Guidelines (commencing on

___________ (and being retroactive to

___________));

(e) support for the Plaintiff in the sum of $

___________ per month

(commencing on

___________ (and being retroactive to___________));

(f) lump sum support for the Plaintiff in the sum of $

___________;

(g) a restraining order;

(h) costs.

CLAIMS UNDER THE MATRIMONIAL PROPERTY ACT

15.The Plaintiff makes the following claims:

(a) an Order for the distribution of all of the property acquired by the

Plaintiff and Defendant, either jointly or separately, in such manner as

the Court deems just and equitable;

(b) a matrimonial home possession order;

(d) such further relief and direction as the Court considers necessary to

give effect to the distribution of the matrimonial property;

(e) costs.

DATED at ________, in the Province of Alberta, this _______ day of ______,

20_____, AND DELIVERED by _________ Barrister and Solicitor,

_________, Alberta, Solicitor for the Plaintiff, whose address for service is in

care of that Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen’s Bench of

Alberta, Judicial District of ________, at the ________, in the Province of

Alberta, this ________ day of ________, 20______.

____________________

Clerk of the Court

Alberta Rules of Court 390/68 Schedule B Form 2

4.2.11 March, 2006

STATEMENT OF SOLICITOR:

I, __________, solicitor for the Plaintiff, certify to the Court that I have

complied with the requirements of section 9 of the Divorce Act (Canada).

Dated at __________, in the Province of Alberta, this ________day of

________, 20______.

(Signature of Lawyer)