Overview
We recommend that you talk to a lawyer before taking any steps.
A Divorce Act Application is made up of 2 forms:
- Family Application form, which explains what the applicant (ie, the person making the application) is asking for and provides your court date
- Affidavit form, which describes the evidence the applicant has given to the court
Determine your response
If you agree with what the applicant is asking for
You don’t have to fill out any forms. However, we recommend that you still go to court.
If you don’t agree with what the applicant is asking for
File an Affidavit in Response along with the relevant forms.
How to respond
Unless the applicant or their lawyer agrees to give you extra time, you must complete these steps before your court date.
Step 1. Fill out the Affidavit
Fill out the Affidavit in Response form.
Have your affidavit sworn by a commissioner for oaths.
Step 2. Fill out the relevant forms
If the applicant is applying for custody, access, child or spousal support
Fill out these forms:
- Court of King's Bench – Responding to an Application for Custody and Access
- Court of Queen's Bench – Responding to an Application for Child support
- Court of King's Bench – Responding to an Application for Spousal Support
- Court of King's Bench - Responding to an Application for Custody, Access, and Child Support
If the applicant is applying for all of custody and access, spousal and child support
Fill out the Court of King's Bench – Responding to Changing Custody and Access, Spousal Support, and Child Support
If the applicant is applying to change existing custody, access, child or spousal support
Fill out these forms:
- Court of King's Bench – Responding to an Application for Custody and Access
- Court of King's Bench – Responding to an Application to Change Child Support
- Court of King's Bench – Responding to an Application to Change Spousal Support
- Court of King's Bench - Responding to an Application to Change Custody, Access and Child Support
If the applicant is applying to change all of custody and access, spousal and child support
Fill out the Court of King's Bench – Responding to Changing Custody and Access, Spousal Support, and Child Support
Step 3. Copy your documents
Make 2 copies of the affidavits and all your evidence.
Step 4. File your forms
File the forms at the Court of King's Bench.
The clerk keeps the original and stamps your copies.
Step 5. Serve your affidavits
The applicant must receive 1 copy of the affidavits before your court date. The affidavit can be served to the applicant by bringing or sending the copy to the:
- lawyer's address
- applicant's address, if the applicant doesn’t have a lawyer
The person who serves the affidavit must fill out an Affidavit of Personal Service form.
Step 6. File the affidavit with the court
File the Affidavit of Personal Service with the court.
Step 7. Go to court
Attend the court hearing that’s listed in your Notice of Hearing on the designated day, at the appropriated time. Bring both copies of your forms and documents.