[<em>Check the following box and file the following with this requisition unless a response to family claim or response to counterclaim has been filed or unless this case is a joint family law case within the meaning of Rule 2-2 of the Supreme Court Family Rules</em>.]
</p>
{% check_list source=responses.form35_dummy_additional value='option1' as dummy_option %}
<pclass="schIndent1">
<iclass="fa {% if dummy_option %} fa-check-square-o {% else %} fa-square-o {% endif %}"aria-hidden="true"></i> proof of service of the notice of family claim or counterclaim, as the case may be.
</p>
<phidden>
[<em>Check the following box and file the following document with this requisition if</em>
</p>
<pclass="schIndent1">
<em>(a) the family law case includes a claim for divorce and the notice of family claim, response to family claim, counterclaim or response to counterclaim identifies a child of the marriage within the meaning of the <em>Divorce Act</em> (Canada),
or
@ -108,10 +92,6 @@
<iclass="fa {% if dummy_option %} fa-check-square-o {% else %} fa-square-o {% endif %}"aria-hidden="true"></i> Child Support Affidavit in Form F37.
</p>
<phidden>
[<em>Check the following box and file the following document with this requisition if a divorce is sought.</em>]
</p>
{% check_list source=responses.form35_dummy_additional value='option3' as dummy_option %}
<pclass="schIndent1">
<iclass="fa {% if dummy_option %} fa-check-square-o {% else %} fa-square-o {% endif %}"aria-hidden="true"></i> affidavit in Form F38.
<em>[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]</em>
</p>
<p>
I CERTIFY the pleadings and proceedings in this family law case are in order <br/>[<em>add the following if applicable:</em> except that <spanclass="form-entry not-complete"> </span>].
Claimant: {% include "partials/name_with_alias.html" with name=responses.name_you use_other_name=responses.any_other_name_you other_names=responses.other_name_you %}
</p>
<phidden>
Claimant 1 [<em>joint family law case</em>]:
</p>
<p>
Respondent: {% include "partials/name_with_alias.html" with name=responses.name_spouse use_other_name=responses.any_other_name_spouse other_names=responses.other_name_spouse %}
</p>
<phidden>
Claimant 2 [<em>joint family law case</em>]:
</p>
<pclass="text-center">
<strong>AFFIDAVIT - DESK ORDER DIVORCE</strong>
</p>
<divhidden>
<pclass="text-center">
<em>[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]</em>
</p>
<p>
<em>[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]</em>
</p>
</div>
<p>
I, {% if responses.name_you %}{{ responses.name_you }}{% else %}<spanclass="form-entry not-complete">[<em>name</em>]</span>{% endif %}, of
{% if responses.address_to_send_official_document_street_you and responses.address_to_send_official_document_city_you and responses.address_to_send_official_document_prov_you and responses.address_to_send_official_document_country_you and responses.address_to_send_official_document_postal_code_you %}
@ -76,19 +62,10 @@
<pclass="schIndent1">
2 There is no possibility of reconciliation between my spouse and me.
</p>
<phidden>
[<em>Select whichever one of the 2 following provisions is correct and remove the provision that has not been selected so that it does not appear in the form when the form is filed.</em>]
</p>
<pclass="schIndent1">
3 I believe that the facts set out in {% if responses.form38_dummy_facts == 'option1' %}the notice of family claim{% else %}the response to family claim and counterclaim{% endif %} are true.
</p>
<phidden>
<em>[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]</em>
</p>
{% if responses.original_marriage_certificate == 'YES' %}
<pclass="schIndent1">
4 The certificate of marriage or certified copy of the registration of marriage filed in this family law case fully and correctly describes the true particulars of the marriage.
@ -100,22 +77,17 @@
</p>
{% endif %}
<phidden>
<em>[Select whichever one of the 4 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]</em>
</p>
{% if responses.divorce_reason == 'live separate' %}
<pclass="schIndent1">
5 <spanhidden>[<em>Select this provision if the grounds for divorce are separation for more than one year.</em>]</span> I was living separate and apart from my spouse at the start of this family law case and I have lived separate and apart from my spouse since
{% multiple_values_to_list source=responses.reconciliation_period as periods %}
{% if periods != '[]' %}
{% for period in periods %}
{{ period }}
{% endfor %}
{% else %}<spanclass="form-entry not-complete">[<em>provide dates of any periods of attempted reconciliation</em>]</span>.{% endif %}
</p>
{% comment "This section is out of scope" %}
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are adultery of a spouse and there has been an admission of adultery.</em>] My spouse has admitted to me that <spanclass="form-entry not-complete">[<em>he/she</em>]</span> committed the acts of adultery alleged in Schedule
1 of the <spanclass="form-entry not-complete">[<em>notice of family claim/counterclaim</em>]</span> and
@ -141,20 +113,15 @@
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are physical or mental cruelty of a spouse.</em>] My spouse has treated me with physical or mental cruelty since the date of the marriage as follows: <spanclass="form-entry not-complete"> </span>[<em>provide details</em>]<spanclass="form-entry not-complete"> </span>
</p>
{% endif %}
{% endcomment %}
<pclass="schIndent1">
6 I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.
</p>
<phidden>
[<em>Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.</em>]
<pclass="schIndent1">
7 There are no children of the marriage as defined by the <em>Divorce Act</em> (Canada).
</p>
{% if responses.children_of_marriage == 'NO' %}
<pclass="schIndent1">
7 There are no children of the marriage as defined by the <em>Divorce Act</em> (Canada).
</p>
{% else %}
{% comment "This section is out of scope" %}
<pclass="schIndent1">
7 There are children of the marriage as defined by the <em>Divorce Act</em> (Canada) and
</p>
@ -167,18 +134,15 @@
<pclass="schIndent2">
(c) the following arrangements for parenting have been made: <spanclass="form-entry not-complete"> </span>[<em>provide details</em>]<spanclass="form-entry not-complete"> </span> .
</p>
{% endif %}
{% endcomment %}
<phidden>
<em>[Select and complete the following provision if you are seeking a change of name for yourself. If you are not seeking a change of name for yourself, remove this provision so that it does not appear in the form when the form is filed.]</em>
</p>
{% if responses.form38_dummy_new_name %}
<pclass="schIndent1">
8 Pursuant to section 5 of the <em>Name Act</em>, I am seeking to change my name from {% if responses.name_you %}{{ responses.name_you }}{% else %}<spanclass="form-entry not-complete"> </span>{% endif %} to {% if responses.form38_dummy_new_name %}{{ responses.form38_dummy_new_name }}{% else %}<spanclass="form-entry not-complete"> </span>{% endif %}. This application for a name change relates only to myself.
</p>
{% endif %}
<divhidden>
{% comment "This section is out of scope" %}
<p>
<em>[Select and complete the following provision if you are seeking a change of name for one or more minor children. If you are not seeking a change of name for one or more minor children, remove this provision so that it does not appear in the form when the form is filed. Renumber this provision as section 8 if you are seeking a change of name for one or more minor children and have not included a section 8 immediately before this provision.]</em>
</p>
@ -190,7 +154,7 @@
<pclass="schIndent2">
from <spanclass="form-entry not-complete"> </span> to: <spanclass="form-entry not-complete"> </span>
{% if responses.divorce_reason == 'live separate' %}
<pclass="schIndent1">
5 Claimant 1 and claimant 2 were living separate and apart from each other at the start of this family law case and claimant 1 and claimant 2 have lived separate and apart from each other since
{% multiple_values_to_list source=responses.reconciliation_period as periods %}
{% if periods != '[]' %}
{% for period in periods %}
{{ period }}
{% endfor %}
{% else %}<spanclass="form-entry not-complete">[<em>provide dates of any periods of attempted reconciliation</em>]</span>.{% endif %}
</p>
{% else %}
<pclass="schIndent1">
5 Claimant 1 and claimant 2 were living separate and apart from each other at the start of this family law case and claimant 1 and claimant 2 have lived separate and apart from each other since
{% multiple_values_to_list source=responses.reconciliation_period as periods %}
{% if periods != '[]' %}
{% for period in periods %}
{{ period }}
{% endfor %}
{% else %}<spanclass="form-entry not-complete">[<em>provide dates of any periods of attempted reconciliation</em>]</span>.{% endif %}
</p>
{% comment "This section is out of scope" %}
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are adultery of a spouse and there has been an admission of adultery.</em>] My spouse has admitted to me that <spanclass="form-entry not-complete">[<em>he/she</em>]</span> committed the acts of adultery alleged in Schedule
1 of the <spanclass="form-entry not-complete">[<em>notice of family claim/counterclaim</em>]</span> and
@ -124,16 +123,15 @@
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are physical or mental cruelty of a spouse.</em>] My spouse has treated me with physical or mental cruelty since the date of the marriage as follows: <spanclass="form-entry not-complete"> </span>[<em>provide details</em>]<spanclass="form-entry not-complete"> </span>
</p>
{% endif %}
{% endcomment %}
<pclass="schIndent1">
6 We are neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.
</p>
{% if responses.children_of_marriage == 'NO' %}
<pclass="schIndent1">
7 There are no children of the marriage as defined by the <em>Divorce Act</em> (Canada).
</p>
{% else %}
<pclass="schIndent1">
7 There are no children of the marriage as defined by the <em>Divorce Act</em> (Canada).
</p>
{% comment "This section is out of scope" %}
<pclass="schIndent1">
7 There are children of the marriage as defined by the <em>Divorce Act</em> (Canada) and
</p>
@ -146,7 +144,7 @@
<pclass="schIndent2">
(c) the following arrangements for parenting have been made: <spanclass="form-entry not-complete"> </span>[<em>provide details</em>]<spanclass="form-entry not-complete"> </span> .
</p>
{% endif %}
{% endcomment %}
<!-- TODO Confirm how to ask and decide his/her -->
<em>[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]</em>
</p>
</p>
<p>
<em>[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]</em>
</p>
</div>
<tableclass="table table-bordered">
<tbody>
<tr>
@ -64,8 +53,8 @@
</tbody>
</table>
<!-- Not in use -->
<divhidden>
{% comment "This section is out of scope" %}
<div>
<p>
<em>[Select whichever one of the 4 following provisions is correct, provide any required information and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]</em>
</p>
@ -82,6 +71,7 @@
and on considering the evidence put forward;
</p>
</div>
{% endcomment %}
<pclass="schIndent1">
This family law case coming on as an undefended family law case without an oral hearing under Rule 10-10 of the Supreme Court Family Rules, and on considering the evidence put forward;
@ -90,10 +80,6 @@
THIS COURT ORDERS that
</p>
<phidden>
<em>[If a divorce is granted, select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed. If a divorce is not granted, remove both of the following provisions so that they do not appear in the form when the form is filed.]</em>
</p>
<pclass="schIndent1">
Subject to section 12 of the <em>Divorce Act</em> (Canada), the claimant, {% if responses.name_you %}{{name_you}}{% else %}<spanclass="form-entry not-complete">[<em>name</em>]</span>{% endif %}, and the respondent, {% if responses.name_spouse %}{{ name_spouse }}{% else %}<spanclass="form-entry not-complete">[<em>name</em>]</span>{% endif %}, who were married at
{% if responses.where_were_you_married_city and responses.where_were_you_married_prov and responses.where_were_you_married_country %}
@ -112,10 +98,6 @@
THIS COURT ORDERS that
</p>
<phidden>
<em>[If orders other than or in addition to divorce orders are made, set out, in numbered paragraphs, the terms of all orders other than divorce orders.] [If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.] [For each order, if any, made for custody, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.] [If no orders other than divorce orders are made, remove this provision so that it does not appear in the form when the form is filed.] </em>
Charles Shin
8 years ago