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

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

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:
(c) the Plaintiff proposes access arrangements as follows:
(d) the Plaintiff proposes financial arrangements for the children as
follows:
or
(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:
(c) total income for the last tax return was:
(d) taxable income for the last tax return was:
(2) The Defendant’s
(a) place of employment is:
(b) gross income is:
(c) total income for the last tax return was:
(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 ______________________;
(c) access to ______________________;
(d) support of the child or children in the sum of $________ per month
(commencing on __________________ (and being retroactive to
_________________________));
or
(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;
(c) if you were served elsewhere
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:
(c) the Plaintiff proposes access arrangements as follows:
(d) the Plaintiff proposes financial arrangements for the children as
follows:
or
(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:
(c) total income for the last tax return was:
(d) taxable income for the last tax return was:
(2) The Defendant’s
(a) place of employment is:
(b) gross income is:
(c) total income for the last tax return was:
(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
_________________________________;
(c) access to
_________________________________;
(d) support of the child or children in the sum of $
_________ per month
(commencing on
___________ (and being retroactive to ___________));
or
(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;
(c) (set out such other claims as may relate to the pleadings);
(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)
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