Divorce Guide

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Supreme Court Divorce Cases

Most divorcing couples avoid going to the courts. Instead, they often prefer to solve their own issues and come to an agreement with the help of their lawyers or through mediation. Supreme Court divorce cases states all the procedures that a couple has to go when their case goes to the apex court. Sometimes, however, there is no option but the couple has to go to the court for settling their issues. The points on how to obtain a Supreme Court order and other details are discussed below.

Family law cases are heard by both the Supreme Court and the Provincial court. As their responsibilities overlap in some areas like guardianship, custody, support many couples have a choice of going to either court. Issues such as divorce or the division of property are heard only in the Supreme Court. When a couple goes to the apex court, they usually ask the court to settle other issues as well, such as custody or support.

How to obtain a Supreme Court order

To obtain a Supreme Court order for divorce, guardianship, custody, support or the division of property one needs to start a “family law proceeding”, the Supreme Court’s term for a legal action to settle issues covered under the “Family Relations Act or the Divorce Act”.

Starting the Family Law Proceeding

In order to start the Family Law Proceeding the plaintiff spouse has to fill out two forms; the writ of summons and a statement of claim.

The writ of summons is the official notice that the plaintiff spouse gives to the defendant spouse stating that, he/she has started a family law proceeding in the Supreme Court. The writ also explains the defendant what he/she needs to do to reply to the plaintiff spouse’s action.

The statement of claim is where the plaintiff provides all the background information such as his/her relationship with the defendant and what is he/she asking the court to decide, for e.g. child custody, support and how to divide the property.

Filing the documents with the court

As per Supreme Court divorce cases the plaintiff has to make three copies of all the court forms. Then he/she needs to staple the writ of summons on top of the statement of claim in each set. The plaintiff then needs to take the original writ of summons, statement of claim, the financial statement (if required) and notice to form 89 financial statement and all three set of copies to the nearest Supreme Court registry. This is called the filing of documents.

The plaintiff also needs to take his/her original marriage certificate at the time for filing of divorce. The filing fee in the Supreme Court is $208, payable either in cash, certified cheque or money order made out to the Minister of Finance. The court registry dates and stamps the documents, keep the original, returns the other documents.

Supreme Court divorce cases have long procedures related to divorce. The above mentioned processes are just the initial stages in obtaining the Supreme Court Order. This is the final place where a couple can sort out their issues and come to a conclusion.

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