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Part of Divorce, separation and annulment

Respond to a Divorce Act Application

How to respond to a Divorce Act Application that you’ve been served with.

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:

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:

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.