Fillable Printable Form 70A - Petition for Divorce - Prince Edward Island

Form 70A - Petition for Divorce - Prince Edward Island

NOTE FOR FORMS 70A to 70Z

In Forms 70A to 70Z, the parties should be identified in the title of the proceeding as "husband"

and "wife" in addition to their formal designation as "petitioner", "applicant", etc. When this is

done, the parties may be referred to in the body of the document as "husband" and "wife" alone.

FORM 70A

PETITION FOR DI VO RC E

(General heading)

(Court seal)

PETITION FOR DIVORCE

TO THE RESPONDENT

A LEGAL PROCEEDING FOR A DIVORCE HAS BEEN COMMENCED AGAINST

YOU by the petitioner. The claim made against you appears in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or a lawyer acting for you must

prepare an answer in Form 70D prescribed by the Rules of Civil Procedure, serve it on the

petitioner’s lawyer or, where the petitioner does not have a lawyer, serve it on the petitioner, and

file it, with proof of service, in this court office, WITHIN TWENTY DAYS after this petition is

served on you, if you ar e served in Prince Edward Island.

If you are served in another province or territory of Canada or in the United States of

America, the period for serving and filing your answer is forty days. If you are served outside

Canada and the United States of America, the period is sixty days.

Instead of serving and filing an answer, you may serve and file a notice of intent to

defend in Form 70H prescribed by the Rules of Civil Procedure. This will entitle you to ten more

days within which to serve and file your answer.

If this petition for divorce contains a claim for support or division of property, you must

serve and file a financial statement in Form 70I prescribed by the Rules of Civil Procedure within

the time set out above for serving and filing your answer, whether or not you wish to defend this

proceeding. If you serve and file an answer, your financial statement must accompany your

answer.

IF YOU FAIL TO SERVE AND FILE AN ANSWER, A DIVORCE MAY BE

GRANTED IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU,

JUDGMENT MAY BE GRANTED AGAINST YOU ON ANY OTHER CLAIM IN THIS

PETITION AND YOU MAY LOSE YOUR RIGHT TO SUPPORT OR DIVISION OF

PROPERTY.

NEITHER SPOUSE IS FREE TO REMARRY until a divorce has been granted and has

taken effect. Once a divorce has taken effect, you may obtain a certificate of divorce from this

court office.

(Date)

Issued by______________________

Registrar

Address of court of fice ___________

TO: (Name and address of

each respondent)

CLAIM

1. The petitioner claims:

(a) a divorce;

(b) under the Divorce Act,

(i)

(ii)

(iii)

(i)

(ii)

(iii)

GROUNDS FO R DIVORCE - SEPARATION

2. The spouses have lived separate and apart since ___________ (date). The spouses have

resumed cohabitation during the following periods in an unsuccessful attempt at

reconciliation:

(Date(s) of cohabitation)

CLAIM

1. The petitioner claims:

(a) a divorce;

(b) under the Divorce Act,

(i)

(ii)

(iii)

(i)

(ii)

(iii)

GROUNDS FOR DIVORCE - ADULTERY

2. The respondent spouse has committed adultery. Particulars are as follows:

CLAIM

1. The petitioner claims:

(a) a divorce;

(b) under the Divorce Act,

(i)

(ii)

(iii)

(i)

(ii)

(iii)

GROUNDS FOR DIVORCE - CRUELTY

2. The respondent has treated the petitio ner with physical or mental cru e lty of such a kind as

to render intolerable the continued cohabitation of the spouses. Par ticulars are as follows:

RECONCILIATION

3. There is no possibility of recon c iliation of the spouses.

4. The following efforts to reconcile have been made: _____________________

DETAILS OF M ARRIA GE

(Where possible, copy the information from the marriage certificate.)

5. Date of marriage ____________

6. Place of marriage (municipality and province, state or country) ____________

7. Wife’s surname immediately befor e marriage ____________

8. Wife’s surname at birth ____________

9. Husband’s surname immediately before marriage ____________

10. Husband’s surname at birth ____________

11. Marital status of husband at time of marriage,

(never married, divorced or widower) ____________

12. Marital status of wife at time of marriage,

(never married, divorced or widow) ____________

13. Wife’s birthplace (province, state or country) ____________

14. Wife’s birth date ____________

15. Husband’s birthplace (province, state or country) ____________

16. Husband’s birth date ____________

17. (a) [ ] a certificate of [ ] the marriage

[ ] the registration of the marriage

of the spouses has been filed with the court.

(b) [ ] It is impossible to obtain a certificate of the marriage or its registratio n

because: ____________________________________________________

is set down for trial or a motion is made for judgment.

RESIDENCE

18. The petitioner has resided in (municipality and province, state or country)___

___________ sin ce (date) ___________

19. The respondent has resided in (municipality and province, state or country)___

___________ sin ce (date) ___________

20. The respondent’s current address is _________________ _________ _________ _

21. The [ ] petitioner has habitu ally resided in Prince Edward Island for at least one year

[ ] respondent

immediately preceding the commencement of this proceeding.

CHILDREN

22. The following are all the living children of the marriage as defined by the Divorce Act

(Canada):

Full Birt h School and Person with whom

name date grade or year child lives and length of

time child has lived there

_________ __________ ______________ _____________________

The child ren ordinarily reside in (municipality and province, state or country)__

23. (a) The petitioner seeks an order for custody or joint custody of the following

children on the following terms:

Name of child Terms of the order

__________________________ ____________________________

[ ] agrees

The respondent [ ] does not agree with the above terms.

(b) The petitioner is not seeking an order for custody and

[ ] is content that a previous court order for custody continue in force

[ ] is attempting to obtain an order for custody in another proceeding particulars

of which are as fo llows:

(Give name of court, court file no. and particulars of the order or proceeding.)

_____________________________________________________________

that the respondent have an order for custody of the following children on the

following terms:

Name of child Terms of the order

__________________________ ____________________________

[ ] agrees

The respondent [ ] does not agree with the above terms.

24 (a) The following are th e existing v isiting arrange ments (access) for the spouse who

does not have the children living with him or her:

____________________________________________________________

(b) The ex isting visiting [ ] satisfactory

arrangements (access) are [ ] not satisfactory.

(If not satisfactory, give reasons and describe how the arrangements should be

changed.) _______ __________________________________________

25. The order sought in paragraph 23 is in the best interests of the children for the following

reasons: ________________________________________________

26. The following material changes in the circumstances of the spouses are expected to affect

the children, their custody and the visiting arrangements (access) in the future:

________________________________________________________

27. (a) The existing arrangements between the spouses for support for the children are

as follows:

Am ount pai d Time period Paid by Paid for

(weekly, (husband (name of

monthly, etc.) or wife) child)

_____________ _____________ __________ _______

(b) The existing

support arrangements [ ] are being honoured

[ ] are not being honoured.

(If not being honoured, specify how much is unpaid and for how long. If you seek an

order for payment of part or all of the unpaid amount, be sure to include it in the claim

on page 2.)

______________________________________________________________

as follows:

Am ount to Tim e perio d To be paid To be paid

be paid (weekly, by (husband for (name of

monthly, etc.) or wife) child)

_____________ _____________ __________ ____________

28. The educational needs

of the children [ ] are being met.

[ ] are not being met.

(If not bein g m e t , give part i c u l ars.)

OTHER COURT PROCEEDINGS

29. The following are all other court proceedings with reference to the marriage or any child

of the marriage: (Give the name of the court, th e court file n o., the kind of order the cou rt

was asked to make and what order, if any, the court made. If the proceeding is not yet

completed, give its current status.)

______________________________________________________________

DOMESTIC C ONTRACTS AN D FI NA NCIAL ARR AN G EM ENTS

30. The spouses have entered into the following domestic contracts and other written or oral

financial arrangements: (Indicate whether the contract or arrangement is now in effect,

and if support payments are not being paid in full, state the amount that has not been

paid.)

Date Nature of contract Status

or arrangement

COLLUSION, CONDONATION AND CONNIVANCE

31. There has been no collusion in relation to this divorce proceeding.

32. There has been no condonation of or connivance at the grounds for divorce in this

proceeding. (Where there has been condonation or connivance, strike out the previous

sentence. Give details and set out the facts relied on to justify a divorce in the

circumstances.)

MATTERS OTHER THAN DIVORCE AND CUSTODY

33. The grounds for the relief sought in paragraph 1, other than a divorce or custody, are as

follows: (Set out in separate, consecutively numbered paragraphs the material facts

relied on to substantiate the claims.)

TRIAL

34. The spouses propose that if there is a trial in this action, the trial be held at (place)

DECLARATION OF PETITIONER

35. I have read and understand this petition for divorce. The statements in it are true, to the

best of my knowledge, information and belief.

Date__________________________ ____________________________

Signature of petitioner

STATEMENT OF SOLICITOR

36. I, (name), solicitor for the petitioner, certify to this court that I have complied with the

requirements of section 9 of the Divorce Act. (Where in the circumstances it would

clearly not be appropriate to discuss the matters in section 9 with the applicant, set out

the circumstances.)

Date__________________________ ____________________________

Signature of petitioner

(Name, address and telephone number

of petitioner’s solicitor or petitioner)

(The following is to appear on the backsheet of the petition.)

ACKNOWLEDGEMENT OF SERVICE

I, _______________, am the respondent named in this petition. I acknowledge receipt of a copy of

this petition. My address for service of documents in this divorce proceeding is

________________________________________________

Date ___ ____________________ Signature of respondent ______________ ___

Signa ture of witness______________ ______

I, ________________________, served this petition personally on th e respondent.

[ ] The respondent completed and signed the acknowledgement of service above in my

presence and I signed it as witness.

[ ] The respond ent declined to comple te and sign the acknowledge ment of service.

Signa ture _______________________ ___

FORM 70A*

JOINT PETITION FOR DIVORCE

(Court file no.)

(Court)

(Name)

Husband

and

(Court seal)

(Name)

Wife

JOINT PETITION FOR DIVORCE

(Date)

Issued by______________________

Registrar

Address of court of fice ___________

1. The husband and wife jointly seek:

(a) a divorce;

(b) under the Divorce Act,

(i)

(ii)

(iii)

(i)

(ii)

(iii)

GROUNDS FO R DIVORCE - SEPARATION

2. The spouses have lived separate and apart since ___________. The spouses have

resumed cohabitation during the following periods in an unsuccessful attempt at

reconciliation:

(Date(s) of cohabitation)

RECONCILIATION

3. Th ere is no po ssibility of reconciliation of the spouses.

4. The following efforts to reconcile h a ve been made: __________ _________ ____

DETAILS OF M ARRIA GE

(Where possible, copy the information from the marriage certificate.)

5. Date of marriage ____________

6. Place of marriage (municipality and province, state or country) ____________

7. Wife’s surname immediately before marriage ____________

8. Wife’s surname at birth ____________

9. Husband’s surname immediately bef ore marriage ____________

10. Husband’s surname at birth ____________

11. Marital status of husband at time of marriage,

(never married, divorced or widower) ____________

12. Marital status of wife at time of marriage,

(never married, divorced or widow) ____________

13. Wife’s birt h pl ace (province, state or country) ____________

14. Wife’s birth date ____________

15. Husband’s birthplace (province, state or country) ____________

16. Husband’s birth date ____________

17. (a) [ ] a certificate of [ ] the marriage

[ ] the registration of the marriage

of the spouses has been filed with the court.

(b) [ ] It is impossible to obtain a certificate of the marriage or its registration because:

________________________________________________________________________

down for trial or a motion is made for judgmen t.

RESIDENCE

18. The wife has resided in (municipality and province, state or country) ________

_____________ since (date) _____________

19. The husband has resided in (municipality and province, state or country) _____

_____________ since (date) _____________

20. The husband’s current address is____________________________________

21. The [ ] husband has habitually resided in Prince Edward Island for at least one year

[ ] wife

immediately preceding the commencement of this proceeding.

CHILDREN

22. The following are all the living children of the marriage as defined by the Divorce Act

(Canada):

Full Birt h School and Person with whom

nam e date grade or year child lives and l engt h of

time child has lived there

_________ __________ ______________ _____________________

The child ren ordinarily reside in (municipality and province, state or country)_________

23. (a) The spouses seek an order on consent for custody or joint custody of the

following ch ildren on the following terms:

Name of child Terms of the order

__________________________ ____________________________

(b) The spouses are not seeking an order for custody and

[ ] are content that a previous court order for custody continue in force

[ ] are attempting to obtain an order for custody in another proceeding full

particulars of which are as follows:

(Give name of court, court file no. and particulars of the order or proceeding.)

___________________________________________________________

following ch ildren on the following terms:

Name of child Terms of the order

__________________________ ____________________________

24. (a) The following are the existing visiting arrangements (access) for the spouse who does

not have the children living with him or her:

___________________________________________________________

(b) The existing visiting [ ] satisfactory

arrangements (access) are [ ] not satisfactory.

(If not satisfactory, give reasons and describe how the arrangements should be changed.)

________________________________________________

25. The order sought in paragraph 23 is in the best interests of the children for the following

reasons: ________________________________________________

26. The following material changes in the circumstances of the spouses are expected to affect

the children, their custody and the visiting arrangements (access) in the future:

_________________________________________________________

27. (a) The existing arrangements between the spouses for support for the children are as

follows:

Am ount pai d Time period Paid by Paid for

(weekly, (husband (name of

monthly, etc.) or wife) child)

_____________ _____________ __________ ____________

(b) The existing

support arrangements [ ] are being hon oured

[ ] are not being honoured.

(If not being honoured, specify how much is unpaid and for how long. If you seek an

order for payment of part or all of the unpaid amount, be sure to include it in paragraph

1.)

______________________________________________________________

follows:

Am ount to Tim e perio d To be paid To be paid

be paid (weekly, by (husband for (name of

monthly, etc.) or wife) child)

_____________ _____________ __________ ____________

28. The educational needs

of the children [ ] are being met.

[ ] are not being met.

(If not bein g m e t , give part i c u l ars.)

OTHER COURT PROCEEDINGS

29. The following are all other court proceedings with reference to the marriage or any child

of the marriage: (Give the name of the court, th e court file n o., the kind of order the cou rt

was asked to make and what order, if any, the court made. If the proceeding is not yet

completed, give its current status.)

______________________________________________________________

DOMESTIC C ONTRACTS AN D FI NA NCIAL ARR AN G EM ENTS

30. The spouses have entered into the following domestic contracts and other written or oral

financial arrangements: (Indicate whether the contract or arrangement is now in effect,

and if support payments are not being paid in full, state the amount that has not been

paid.)

Date Nature of contract Status

or arrangement

NO COLLUSION

31. There has been no collusion in relation to this divorce proceeding.

DECLARATION OF SPOUSES

32. (a) I have read and understand this petition for divorce. The statements in it are true, to

the best of my knowledge, information and belief.

(b) I understand that I have the right to seek independent legal advice concerning this

proceeding and to retain my own separate counsel.

divorce if I do not make the claim at this time.

Date_____________________ ____________________________

Signature of husband

Date_____________________ ____________________________

Signature of wife

STATEMENT OF WIFE ’S S OLIC ITOR

33. (a) I, (name), solicitor for the wife, certify to this court that I have complied with the

requirements of section 9 of the Divorce Act. (Where in the circumstances it would

clearly not be appropriate to discuss the matters in section 9 with the applicant, set out

the circumstances.)

I also certify that I have advised the wife that she has the right to seek independent legal

advice and retain separate counsel in this proceeding.

Date_______________________ ____________________________

Signature of Solicitor

STATEMENT OF HUSBAND’S SOLICITOR

(b) I, (name), solicitor for the husband, certify to this court that I have complied with the

requirements of section 9 of the Divorce Act. (Where in the circumstances it would

clearly not be appropriate to discuss the matters in section 9 with the applicant, set out

the circumstances.)

I also certify that I have advised the husband that he has the right to seek independent

legal advice and retain separate counsel in this proceeding.

Date_______________________ ____________________________

Signature of Solicitor

(Name, address and telephone number

of solicitor’s). If no solicitor

for either spouse, address and telephone

num bers o f hu sband and wife .)