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Kit #14

Division of Family Property Self-Help Kit*

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*This self-help kit is not a substitute for professional legal advice. It does not address all possible situations nor does

it cover all areas of applicable legislation. You use this kit entirely at your own risk. The legal process can be

complicated and it is recommended that you consult with a lawyer before filing any documents and proceeding to

court.

(April 2019)

You can use this kit to make a claim for a division of family property alone, or together with a

claim for divorce. If you are also interested in pursuing claims for support, custody, and/or

access, you will likely need a different kit.

If you have any questions, please feel free to contact:

Family Law Information Centre

1-888-218-2822 (extension 2)

(306) 787-5837

svp@gov.sk.ca

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TABLE OF CONTENTS

I. Is this kit for me? ------------------------------------------------------------------- 3

II. Completing the Forms ------------------------------------------------------------- 5

III. Serving Documents ----------------------------------------------------------------- 9

IV. What can I expect from the Respondent? ------------------------------------- 10

V. Negotiating a Settlement --------------------------------------------------------- 11

VI. What if I have questions when I am using this kit? -------------------------- 13

Checklist-----------------------------------------------------------------------------------14

Judicial Centres in the Province of Saskatchewan--------------------------------15

FORMS

Petition -------------------------------------------------------------------------------------- 16

Property Statement ------------------------------------------------------------------------ 24

Affidavit of Service ------------------------------------------------------------------------ 34

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I. Is this Kit for Me?

Will it help me divide family property?

This kit will help you with dealing with the division of family property after a separation. You can

only use this kit to divide family property. This kit will not deal with custody or access to children,

nor will it deal with child or spousal support. If you wish to deal with custody, access, or support,

you will need a different kit.

If you are currently legally married to the opposing party, you may also wish to start the divorce

process. You can use this kit to start that process alongside your claim for division of family

property.

In Saskatchewan, the law that deals with the division of family property is The Family Property

Act. You can find a copy of this law here:

http://www.publications.gov.sk.ca/freelaw/documents/english/statutes/statutes/F6-3.PDF

Where can I find out about all of my options?

If you wish to obtain further legal information you can contact the Family Matters Program (1-844-863-3408) to

find out whether there is material that we might be able to send out to you. You can also call the Family Law

Information Centre (1-888-218-2822 ext. 2) to speak to someone to get general legal information or a self-help kit

if you are choosing to represent yourself.

Legal information is also provided by the Public Legal Education Association of Saskatchewan (PLEA). You can

visit their website to view their resources online, or order copies of the pamphlets: http://www.plea.org/

If you are interested in trying to resolve any outstanding issues with the help of a mediator, you can contact the

Dispute Resolution Office at (306) 787-5747 (Regina) or (306) 933-7864 (Saskatoon).

You may decide that you would like to retain a lawyer to provide you with legal advice, or to represent you in your

family law matter. If you want to find a lawyer, check the listings in your local telephone book, or speak to family or

friends for recommendations. The Family Law Information Centre cannot provide referrals to specific lawyers or

firms. When choosing a lawyer, you can research any past disciplinary proceedings against lawyers by the Law Society

of Saskatchewan on their website, here: http://www.lawsociety.sk.ca/

If you are a low income earner or do not earn any income at all, you may qualify for Legal Aid. Consult your telephone

book for the Saskatchewan Legal Aid Commission office nearest you, or visit their website: http://www.legalaid.sk.ca/

Pro Bono Law Saskatchewan (PBLS) is an organization that coordinates pro bono (free) legal services to persons of

limited means. You can find out more about their programs by calling 1 (855) 833-7257 or here:

http://www.pblsask.ca

Please note that if you were in a common-law spousal relationship, section 3.1 of The Family

Property Act states that an application for division of family property must be brought within

24 months after the cohabitation ceases.

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When deciding how to proceed, you may also wish to consider Collaborative Law, which is a process for resolving

issues with the advice and assistance of lawyers but without going to court. You can find more information about this,

or a list of Collaborative Law professionals, by calling Collaborative Lawyers of Saskatchewan at 1-866-347-8545,

or visiting their website: http://www.collabsask.com/

Do I need a lawyer?

You have the right to go to court without a lawyer. However, you need to know that in court you

will be treated the same as a person who has a lawyer. Do not expect any special or different

treatment. If you do not know and follow the court rules, your application may be dismissed, or

there may be other consequences.

Who can bring a claim for division of family property?

Anyone who is considered a “spouse” under The Family Property Act can bring a claim for a

property division. The legislation defines a “spouse” as the following:

“spouse” means either of two persons who:

(a) at the time an application is made pursuant to this Act, is legally married to the other or is married to the other by

a marriage that is voidable and has not been voided by a judgment of nullity;

(b) has, in good faith, gone through a form of statutory marriage with the other that is void, where they are

cohabiting or have cohabited within the two years preceding the making of an application pursuant to this Act; or

(c) is cohabiting or has cohabited with the other person as spouses continuously for a period of not less than two

years;

and includes:

(d) a surviving spouse who continues or commences an application pursuant to section 30 and who was the spouse,

within the meaning of clause (a), (b) or (c), of the deceased spouse on the day of the spouse’s death; and

(e) where the applicant is a spouse within the meaning of clause (b), the other party to the void marriage.

Even if you decide not to hire a lawyer to represent you in court, it is still a good idea to consult a lawyer before

using this kit. A lawyer can advise you about the law, help you evaluate your chances of success and tell you the

cost of a court application, if you decided to hire a lawyer. The lawyer will likely charge you for their advice.

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II. Completing the Forms

What court documents do I have to prepare?

To make a claim for a property division, you must complete the following documents:

Petition;

Property Statement;

Copies of forms for these documents are attached to this kit. You should make photocopies of

these forms so that you have one copy to use for your rough draft and another that will be your

good copy.

You can fill out the forms in pen, or complete these forms electronically by typing your

information into the form templates included. The documents must be neat so that the Court and

the Respondent can read them.

What do I put in each of the documents?

Let’s go through these documents one at a time. You should keep in mind that these documents

will take you a lot of time to complete. You will probably not be able to complete these documents

in one sitting. Read the instructions carefully and do your best. Please remember that the court

staff cannot complete these documents for you.

A) Petition

A Petition is a document which opens a court file at the Court of Queen’s Bench. It outlines all the

issues which may possibly need to be dealt with. If either party has previously filed a Petition with

the Court of Queen’s Bench, then you do not need to prepare a new Petition. You will already have

an existing court file opened.

Complete the top of the first page of the Petition. Leave the court file number blank for now. When

you file the Petition with the Court, they will give you a file number. You are the Petitioner and

the other party is the Respondent.

The section that is titled Notice to Respondent is the information that the Respondent needs to

review when served with your Petition. You do not need to add anything here.

All documents must be neat - typed or printed in pen. Any deletions made on Court

documents should be made with a ruler and initialed, or you can write/type “Not

Applicable” where appropriate. If you are preparing the forms electronically, you may be

able to delete the portions of the forms that do not apply. You should save the original

documents before making such modifications.

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Once you have completed the Petition, the Local Registrar at the Court of Queen’s Bench will sign

and seal the bottom of the second page of the Petition, and give you a file number to include on

the top of the first page.

A) CLAIM

In this section of the Petition, you must tell the court what remedy you are asking for. A Petition can start court proceedings where a variety of different matters can be dealt with. If you think you might be asking the court for a divorce at some later date, you will check off the divorce option here. This does not mean that you are asking for the divorce to be finalized now, but instead that you might be asking for a divorce at a later date.

To make your claim for a division of property, you will select the options under The Family

Property Act, 2001. If you wish to know about your legal rights concerning family property

division, you should consult a lawyer.

After looking at the list of possible claims, you may also wish to select other options in this section

of your Petition. If you have any questions regarding the other options for making claims in your

Petition, you should consult a lawyer, or the Family Law Information Centre.

B) REMAINDER OF PETITION

Complete paragraphs 2 to 7 if you are making a claim for divorce. If you are not claiming a

Divorce, then you can delete the paragraphs and move ahead to paragraph 8.

Continue through the Petition. If there are paragraphs that do not apply to you, you may have the

option to check off the box that indicates this. If not, you will cross out these paragraphs with a

ruler, or delete them if completing the forms electronically. Because this kit is designed primarily

for property division, you may find that a large portion of the Petition will be crossed out or deleted

electronically.

Claiming for Divorce

If you have claimed for Divorce in this section, then you will need a Marriage Certificate or

a Certificate of Registration of Marriage. You must file your marriage certificate with the

court when you issue your Petition for Divorce. If your marriage was performed in

Saskatchewan, the Certificate of Registration of Marriage can be obtained in Saskatchewan

from:

eHealth Saskatchewan

1-855-347-5465

https://www.ehealthsask.ca/

Your original marriage certificate must be in either of Canada=s official languages, English or

French. If your marriage certificate is written in a different language, you must provide a

translation of the document, together with an affidavit verifying the translation.

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You will need to sign and date the Petition once it is completed.

You must also complete the address for service at the bottom of the Petition. This is the address

where the Respondent can serve documents on you if necessary. If you move after filing your

Petition, you should update your address with the Court of Queen’s Bench.

Make at least two photocopies of the completed and signed Petition.

B) Property Statement

A form for this document is attached to the back of this kit. Read the instructions on the Property

Statement carefully as you go along.

On the first page, you will complete the top portion as indicated in page 5 of this kit. Leave the file

number in the top right corner blank. The Local Registrar at the court will give you a file number

when you file the Petition.

Do not sign the first page of the Property Statement yet. When the document is completed, you

will have to sign your financial statement in front of a Commissioner for Oaths who will ask you

to swear or attest to the truth of the information you have provided in the Property Statement.

The Property Statement deals with any property and debts that are held by either party. If either of

you held the property or debt as of the date of marriage or when cohabitation started, they will be

listed in Part III and Part IV.

Complete this form to the best of your ability. Not everything in this Part will apply to you. If there

is a section that does not apply, you can leave it blank.

It is very important to try to include all assets and liabilities of which you are aware. It does not

matter whether the asset or liability is in your name or the Respondent’s name. You should include

everything in one of the categories in the Property Statement.

If during the course of the proceeding you find out that the information in your Property Statement

is incorrect or incomplete, or there is a material change in the information provided, you MUST

serve on the Respondent and file with the Court the correct information, or a new Property

Statement containing the correct information, together with any documents that back up that

information.

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What next?

You will now need to go to the Court of Queen’s Bench nearest to you to have your Petition issued

(filed). A list of court locations is included at the end of this kit. The local registrar at the court

will require:

a) a filing fee of $200, or $300 if also requesting Divorce (payable by cash only);

b) three copies of your Petition;

c) three copies of your Property Statement;

d) your marriage certificate (if you are married to the other party and claiming Divorce).

The local registrar will file one copy of your Petition and Property Statement, and will give you a

court file number. This number will be required on all future court documents you prepare. Once

you have had your Petition issued, and you have filed your Financial and Property Statements, you

can continue with the next section of this kit.

Do I have to sign my Financial and Property Statement in front of a witness?

You must sign your Financial and Property Statements in front of a Commissioner for Oaths.

Before you sign your Financial and Property Statements in front of a Commissioner for Oaths,

the Commissioner for Oaths will ask you whether or not you swear or affirm the contents of

your Financial and Property Statements to be true. The court staff are Commissioners for Oaths

and you may swear your completed affidavit in front of them. This service is free.

Any lawyer can also be a Commissioner for Oaths. You can also find Commissioners for Oaths

in some businesses like banks, insurance agencies, and law offices. You will likely have to pay

for this service.

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III. Serving the Documents

I have completed and filed all of the documents. Now what do I do?

Once you have completed the Petition and Property Statement and have had them filed at

the Court of Queen’s Bench, you will need to “serve” them.

This means that you will have to have someone give a copy of all the documents to the

other party (Respondent).

You can give or “serve” the documents on the other parent in a number of ways:

You can hire a professional process server to give the documents to the other party. The

names of process servers are listed in the yellow pages of the telephone book. They will

charge you a fee.

You can ask any other adult to give the documents to the other parent. This person must

know or be able to identify the Respondent or obtain proof of identification from the other

parent.

You can have the Sheriff serve the documents. Sheriffs are available at any Queen’s Bench

Court. You will be charged a fee for this service. You can find the Sheriff in the blue pages

of the telephone book under “Courts”.

The person “serving” the documents should hand the documents to the Respondent. If they will not

accept the documents, the server should set the documents down in front of the Respondent and

verbally advise them of the type of document being served.

Do I have to prove to the court that the documents were served on the Respondent?

The judge will need to know that the other party has received a copy of all of your

documents.

The person who served your documents on the Respondent must swear (sign) the Affidavit

of Service from in front of a Commissioner for Oaths. This form is attached to the back of

this kit.

Are there any time limits for serving documents?

Your Petition must be served on the Respondent within six months of being issued by the

Court of Queen’s Bench. It is helpful to know an address where the Respondent can be

served when you have your Petition issued.

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IV. What can I expect from the Respondent?

Will I receive any documents from the Respondent? What do I do with them?

Once the Respondent reads the documents you have served on them, they will likely

respond. The Respondent will likely serve you with an Answer and a Property Statement

of their own. They may also provide a document called an Answer and Counter-Petition.

It is possible that you will not get any reply from the other party. If the other party is

represented by a lawyer, you can request a Property Statement from the other party by

contacting the opposing lawyer. You may wish to make these requests in writing so that

there is documentation supporting your requests.

What if the other party does not do anything?

If the other party does nothing, then you can go to the courthouse after 30 days have passed

after the Petition was served on the other party. You can tell the Local Registrar that you

wish to have the other party “Noted for Default”. There is a $35 fee to have this done. This

means that the other party is not contesting your claims in the Petition. If you have had

your matter “Noted for Default” you can then apply for a judgment. For more information

on this process, you can contact the Family Law Information Centre.

What if there is an issue that needs to be resolved quickly?

Sometimes, there are issues that need to be resolved surrounding family property issues.

You can find out your options for making requests for specific court orders by reading the

Family Property Act.

These court applications are called “chambers applications”. There is a separate kit which

allows you to bring this type of court application to obtain a court order to deal with interim

property matters that require a more timely resolution.

What if the other party responds to my documents?

If the other party has responded to your documents by serving you with an Answer and

Counter-Petition and/or a Property Statement, then you will now have the option to

negotiate the terms of the property division with the other party or with their lawyer if they

have one. Both parties can request that any relevant documentation be exchanged. This can

include bank statements, appraisal reports or any other documents that pertain to any of the

debts or assets that either party has in their possession.

Once you have exchanged all of the documents, if you are able to resolve your property

claim, you can both sign an agreement outlining the terms of the agreement. You may wish

to retain a lawyer to assist you in preparing such an agreement.

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V. Negotiating a Settlement The following is a list of tips that you can use when negotiating a division of your family

property. It is recommended that you consult with a lawyer before signing any agreements.

a) If you require an Interspousal contract for some external purpose (e.g. to qualify for a

new mortgage), then you may wish to find out ahead of time if there are specific

requirements that must be in place within that agreement.

b) If you wish to link your Property agreement to child support and/or spousal support

amounts, you may wish to review appropriate legislation surrounding support payments

to determine your rights and responsibilities.

c) List all assets and liabilities (debts) of which you are aware. Find the exact valuations of

those items where possible, and estimate values where appropriate. You can choose to

estimate values for individual items, or estimate values for groups of items (e.g. total

value of contents of cabin).

d) If an independent valuation(s) is required, decide on who will be hired, and how the costs

will be split. If multiple assessments are obtained, figure out a formula for how to

average them or choose between them.

e) Where values of assets or liabilities have fluctuated, decide on an appropriate valuation

date. You may wish to allocate credit where increases in value of assets since the date of

separation can be attributed to one party. Increases in value due to improvements can be

separated from market fluctuations in value either by expert opinions or by parties

negotiating those divisions.

f) Consult a tax professional if you think that there are assets or debts that will carry tax

liabilities. Certain assets may be subject to capital gains taxes or may be taxed as income

if they are liquidated or transferred.

g) Review Section 23 of Family Property Act to determine exemptions from property

distribution, and record them in chart on following pages.

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h) Add value of all assets, subtract all liabilities, and subtract all exemptions for each party,

and jointly held property. This will tell you the value of all divisible family property that

you hold separately, and jointly.

i) Decide whether you will be splitting Canada Pension Plan credits. You can read more

about the options with respect to this issue here:

http://www.servicecanada.gc.ca/eng/services/pensions/cpp/credit-split.shtml

j) If either party has disposed of any family property prior to the date of signing an

agreement, you can negotiate the terms of how the value of that property will be

accounted for.

k) If either party has paid off any divisible family debt prior to the date of signing an

agreement, you can negotiate the terms of how any credit for those payments will be

accounted for.

l) If either party has obtained any financial benefit from the use of any family property, then

that benefit can be attributed to either party and accounted for.

m) Decide on how to divide property that is jointly owned, whether to transfer any items

from one party to the other, or create an equalization payment(s), to give a net result that

each party has an equal amount of family property (or unequal division if desired by both

parties).

n) For any property that is to be sold, decide on the manner in which the sale will be

conducted, how selling fees will be paid, and decide on how the proceeds will be split.

o) Review section 38 of the Family Property Act with respect to interspousal contracts

before signing any agreement.

If you are unable to reach a settlement, then you may need to move your claim forward to

the next stage. This is called Pre-Trial.

There is a separate kit which outlines Pre-Trial Conferences.

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VI. What if I have questions when I am using this kit?

For any questions, you can contact:

Family Law Information Centre

(306) 787-5837 or 1-888-218-2822 (ext. 2)

svp@gov.sk.ca

Room 323, 3085 Albert Street

Regina, SK S4S 0B1

The staff at the Family Law Information Centre cannot give you legal advice or appear in

court for you. Before you contact them, read this kit carefully from beginning to end.

Remember, neither they nor the court staff can fill out this kit for you.

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CHECKLIST

□ read through the instructions for this kit

□ obtain Marriage Certificate from Vital Statistics (if married and starting the divorce process)

□ complete these documents:

Petition;

Property Statement;

□ Sign Property Statement in front of Commissioner for Oaths

□ Take the following to a Court of Queen’s Bench (addresses can be found at the end of this

kit)

a) a filing fee of $200, or $300 if also claiming divorce (payable by cash only);

b) three copies of your Petition;

c) three copies of your Property Statement;

d) your marriage certificate (if applicable).

□ have one complete set of documents served on other party

□ document server swears Affidavit of Service

□ file Affidavit of Service with Court of Queen’s Bench

□ if other side responds to your documents:

□ exchange all relevant documents between the parties;

□ for any interim issues to be resolved, obtain court order application kit

□ begin negotiating the terms of a property division agreement.

□ if you cannot reach an agreement, obtain Pre-Trial Conference kit

□ if you reach an agreement, matter is concluded

□ if other side does not respond to your documents, 30 days after the Petition was served on the

other party, go to the Court of Queen’s Bench and ask the local registrar to “Note the other

party for default.” After this, you can bring an Application for Judgment.

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JUDICIAL CENTRES IN SASKATCHEWAN

Battleford

Box 340,291-23rd Street West

Battleford, Saskatchewan

S0M 0E0

Tel: (306) 446-7675

Fax: (306) 446-7737

Estevan

1016 – 4th Street

Estevan, Saskatchewan

S4A 0W5

Tel: (306) 637-4527

Fax: (306) 637-4536

Melfort

Box 6500, 409 Main Street

Melfort, Saskatchewan

S0E 1A0

Tel: (306) 752-6265

Fax: (306) 752-6264

Moose Jaw

64 Ominica Street West

Moose Jaw, Saskatchewan

S6H 1W9

Tel: (306) 694-3602

Fax: (306) 694-3056

Prince Albert

1800 Central Avenue

Prince Albert, Saskatchewan

S6V 4W7

Tel: (306) 953-3200

Fax: (306) 953-3210

Regina

2425 Victoria Avenue

Regina, Saskatchewan

S4P 3V7

Tel: (306) 787-5377

Fax: (306) 787-7217

Saskatoon

520 Spadina Crescent East

Saskatoon, SK

S7K 3G7

Tel: (306) 933-5174

Fax: (306) 975-4818

Swift Current

121 Lorne Street West

Swift Current, Saskatchewan

S9H 0J4

Tel: (306) 778-8400

Fax: (306) 778-8581

Yorkton

29 Darlington Street East

Yorkton, Saskatchewan

S3N 0C2

Tel: (306) 786-1515

Fax: (306) 786-1521

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Form 15-6

COURT FILE NUMBER ____________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION) JUDICIAL CENTRE ______________________________________ PETITIONER ______________________________________ RESPONDENT ______________________________________

PETITION

NOTICE TO RESPONDENT

A LEGAL PROCEEDING HAS BEEN STARTED AGAINST YOU IN THIS COURT. The details of the claim made against you are set out in the following pages. YOU WILL NOT RECEIVE FURTHER NOTICE OF THIS CLAIM. IF YOU DO NOT PROVIDE A RESPONSE, JUDGMENT MAY BE GRANTED WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DISPUTE ANY OF THE CLAIMS, OR IF YOU WISH TO MAKE ANY CLAIM YOURSELF, either you or a lawyer must prepare an Answer in Form 15-14A or an Answer and Counter-petition in Form 15-15, serve a copy on the petitioner or the Petitioner’s lawyer at the address for service given in the Petition, and file it, with proof of service, in this Court:

(a) WITHIN 30 DAYS after this Petition is served on you, if you are served in Canada or in the United States; or

(b) WITHIN 60 DAYS after this Petition is served on you if you are served outside Canada

or the United States. Before serving and filing an Answer, you may serve and file a Notice of Intent to Answer in Form 15-14B. This will entitle you to 10 more days within which to serve and file your Answer. If this Petition contains a claim for support, YOU MUST SERVE AND FILE A FINANCIAL STATEMENT in Form 15-26A within the time set out above for serving and filing your Answer, whether or not you wish to file an Answer. If you have been served with a claim for child support, and you do not comply with this notice or the Notice to File Income Information, also served on you, THE COURT MAY IMPUTE INCOME TO YOU AND MAY DETERMINE THE AMOUNT OF CHILD SUPPORT PAYABLE ON THE BASIS OF THAT IMPUTED INCOME. If you have been served with a claim for child support or if you intend to make a claim for child support in your Answer, please consult the Federal Child Support Guidelines.

Clerk's Stamp

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If this Petition contains a property claim, YOU MUST SERVE AND FILE A PROPERTY STATEMENT in Form 15-26B within the time set out above for serving and filing your answer, whether or not you wish to file an Answer. If you have also been served with an Originating Application, YOU OR YOUR LAWYER SHOULD SERVE AND FILE YOUR AFFIDAVITS IN RESPONSE TO THE APPLICATION 7 DAYS BEFORE THEDATE SET FOR HEARING THE APPLICATION, and come to Court for the application on the date set. If you do not oppose or dispute the Petition, but wish to be informed of subsequent steps in the proceeding, you may serve and file a Demand for Notice in Form 15-16; after that notice of all subsequent pleadings or proceedings shall be served on you. IF YOU FAIL TO SERVE AND FILE AN ANSWER, A JUDGMENT MAY BE GRANTED IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU ON ANY CLAIM IN THIS PETITION, INCLUDING DISSOLUTION OF YOUR MARRIAGE AND DIVISION OF YOUR PROPERTY. IF THE PETITION SEEKS A DIVORCE, NEITHER SPOUSE IS FREE TO REMARRY until a judgment of divorce takes effect. This Petition is to be served within 6 months from the date on which it is issued, unless ordered otherwise. This Petition is issued at ____________________________________, Saskatchewan, the ______day of ________________, 201__ .

_____________________________ (Local) Registrar

Legal Seal

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TO THIS HONOURABLE COURT: CLAIM 1 I ask this Honourable Court for the following remedy:

(a) ☐ Divorce Act (Canada)

☐ Divorce

☐ Custody

☐ Access

☐ Spousal Support for myself in the amount of $_____ per month

☐ Child Support for children in an amount determined in accordance with

the Federal Child Support Guidelines

☐ Child Support for children in the amount of $_____ per month

(if different from table amount under the Federal Child Support Guidelines)

(b) ☐ The Family Property Act

☐ Exclusive possession of family home

☐ Division of family home: ☐ equal ☐ unequal

☐ Division of family property: ☐ equal ☐ unequal

(c) ☐ The Children’s Law Act, 1997

☐ Custody

☐ Access

☐ Guardianship over children’s property

☐ Declaration of parentage

☐ Other (specify)

(d) ☐ The Family Maintenance Act, 1997

☐ Maintenance for myself in the amount of $______ per month

☐ Maintenance for children in an amount determined in accordance with the Federal

Child Support Guidelines

☐ Maintenance for children in the amount of $ _____per month

☐ Other (specify)

(e) ☐ Judicial separation under The Queen’s Bench Act, 1998

(f) ☐ Nullity of marriage

(g) ☐ Relief under The Dependants’ Relief Act, 1996

(h) ☐ Relief between the persons who have lived together as spouses

☐ Interest in property

☐ Monetary compensation

☐ Other (specify)

(i) ☐ Other (Specify Act if any)

(j) ☐ Costs (Specify particulars of the amount and basis for the claim.)

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IN THE CIRCUMSTANCES set out below: PARTICULARS OF MARRIAGE BREAKDOWN:

2 ☐ A certificate of the marriage or registration of the marriage has been filed with the

Court. or

☐ An undertaking to file the certificate of marriage or of registration of the marriage with the

Court by has been filed with the Court. or

☐ It is impossible or impractical to obtain a certificate of the marriage or of registration of the

marriage and application has been made for an order dispensing with production of the certificate

. 3 There has been a breakdown of the marriage by reason of:

Section 8(2)(a) of the Divorce Act - separation

4 The facts on which my petition for divorce is based are:

The Petitioner and the Respondent have lived separate and apart since on or about the

________ day of _____________, _________, and at the commencement of this proceeding,

continue to live separate and apart.

5 The following efforts to reconcile have been made: 6 It is no longer possible for me to reconcile or resume cohabitation with my spouse. COLLUSION, CONDONATION AND CONNIVANCE: 7 I have truthfully set out the facts establishing the breakdown of my marriage and I have not entered

into any agreement, understanding or arrangement to make up or hide evidence or to deceive the Court.

MEDIATION: 8 The mediation facilities utilized to negotiate matters pertaining to support or custody are as follows: PARTICULARS OF PROPERTY CLAIM: 9 At the date of issue of this petition the respondent and I owned or held an interest in real and

personal property either separately or jointly.

10 ☐ I am entitled to an equal distribution of the family home and family property.

☐ I am seeking an unequal distribution of the family home and family property.

My grounds for claiming that an equal distribution of the family home and/or the family property would be unfair and inequitable are as follows: ____________________________________________________________________________________________________________________________________________________

PARTICULARS OF RELATIONSHIP:

11 ☐ The respondent and I were married on (date) at (place)_____________________

☐ The respondent and I commenced cohabitation on (date)_________________________________

12 I ceased to cohabit with the respondent on or about (date)_______________________________________

20

PARTICULARS OF PARTIES: 13 My surname at birth: 14 My surname immediately before marriage: 15 My marital status at time of marriage: (never married, divorced or widowed)

16 I was born: (date)

17 The respondent’s surname at birth: 18 The respondent’s surname immediately before marriage: 19 The marital status of respondent at time of marriage: (never married, divorced or widowed)

20 The respondent was born: (date)

RESIDENCE: 21 My address is: 22 The respondent’s address is: 23 I have been ordinarily resident in Saskatchewan since: (date)

The respondent has been ordinarily resident in Saskatchewan since: (date)

CHILDREN:

24 ☐ There are no children of the respondent or myself who are in the custody/ care of either of us.

Or

☐ The names, dates of birth and place of residence of all children of the respondent and I who

are in the custody or care of either of us are:

24A The children with respect to whom remedy is claimed are:

I am claiming no remedy with respect to the following children:

Because: 24B The particulars of the current custody and access arrangements of the children are as follows:

which is satisfactory (or unsatisfactory) for the following reasons:

24C I claim custody (or joint custody) of the following children on the following terms:

and/or

I agree that the respondent have an order for custody (or joint custody) of the following children:

21

24D I propose to permit access to the following children on the following terms: (Specify times and length of access)

and/or I claim access to the following children: (Specify times and length of access)

24E The proposed arrangement for custody and access is in the best interest of the children for the

following reasons: 24F The following changes of circumstances of myself or the respondent are expected to affect the

children, their custody and access, in the future: 24G The nature of my relationship to and interest in the children is as follows: 24H The nature of the respondent’s relationship to and interest in the children is as follows: 24I Other than the respondent and myself, the following persons may have an interest in the custody of

or access to, or may have an obligation to support, the children: (State name, address and relationship to children)

24J The existing financial arrangements for the support of the children are as follows: 24K I propose that the financial arrangements for the support of the children, having regard to the remedy

claimed, should be as follows: 24L (If the amount claimed is different than the table amount under the Federal Child Support

Guidelines.) I am claiming child support in an amount different from the table amount determined under the Federal Child Support Guidelines due to:

☐ Child 18 or over

☐ Income over $150,000

☐ Split custody

☐ Shared custody

☐ Payor standing in place of a parent

☐ Undue hardship, as set out in Part 4 of my Financial Statement;

☐ Extraordinary expenses, set out in Part 3 of my Financial Statement.

The facts to substantiate the proposed terms of child support are as follows:

SPOUSAL SUPPORT:

25 ☐ I am not making a claim for spousal support.

☐ The facts to substantiate the proposed support for myself are as follows: (Make reference to

your conditions, means, needs, and other circumstances.)

22

PROCEEDINGS AND AGREEMENTS: 26 The particulars and status of all other legal proceedings instituted between myself and the respondent

with reference to the marriage, cohabitation, custody, support, maintenance or division of property are:

___________________________________________________________ ___________________________________________________________ ___________________________________________________________

26A The particulars and status of all other civil and criminal legal proceedings, past or ongoing, that may

be relevant to the safety, security or well-being of the children are:

___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

27 The dates of any written or oral separation or financial or custody agreements between myself and the respondent are:

___________________________________________________________ ___________________________________________________________ ___________________________________________________________

The agreement pertains to:

☐ custody of the children ☐ spousal support

☐ access to the children ☐ division of property

☐ child support ☐ other (specify)

28 The particulars of any other orders or agreements relating to any child (not from this relationship) that are in the custody or care of either the respondent or I are:

___________________________________________________________ ___________________________________________________________

28A The particulars and status of all other legal proceedings that have resulted in an existing order,

recognizance or undertaking that restricts contact or communication between the respondent and me, or any other members of our respective households, are: (include date and terms of order, recognizance or undertaking)

___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

23

FINANCIAL INFORMATION: 29 My Financial Statement in Form 15-26A is not filed in this proceeding.

30 (a) My occupation is: _____________________________________________

(b) My place of employment is: ______________________________________

(c) My current annual income from all sources is estimated to be $. ______________

31 (a) The respondent’s occupation is: ___________________________________

(b) The respondent’s place of employment is: ____________________________

(c) The respondent’s current annual income from all sources is estimated $ _________

DATED at _______________________, Saskatchewan, this _______day of __________, 201__. ______________________________________

(signature of petitioner)

CONTACT INFORMATION AND ADDRESS FOR SERVICE Address for service and contact information of party filing this document: Name of party: Address for service: (set out the street address)

Telephone number: Fax number (if any): E-mail address (if any):

24

Form 15-26B (Rule 15-26)

PROPERTY STATEMENT OF

_______________________________________

(name)

I, ________________________________________________________________________ of (name)

______________________________________________________________________________, (address) swear (or affirm) that: 1 The information set out in this Property Statement is true and complete to the best of my

knowledge and belief, and sets out my financial situation as of:

__________________________________________

(give date for which information is accurate)

2 ☐ I do not anticipate any significant changes in the information set out in this

Property Statement. or

☐ I anticipate the following significant changes in the information set out in this

Property Statement:

SWORN (OR AFFIRMED) BEFORE ME

}

_________________________ (signature)

at, __________________ Saskatchewan,

this____day of ______________, 201___

___________________________________

Commissioner for Oaths for Saskatchewan

COURT FILE NUMBER

______________________

Clerk's Stamp

COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION)

JUDICIAL CENTRE __________________________________

PETITIONE

__________________________________

RESPONDENT __________________________________

25

I. ASSETS IN AND OUT OF SASKATCHEWAN

The date of application is: _____________________________________________________________ (give date)

1. REAL PROPERTY

Include any interest in land owned on the date of application or as of the date of this statement, including leasehold interests and mortgages. Show estimated market value of the interest, but do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part II, “Debts and Other Liabilities”. For example, if you were including the family home, you might insert both spouses' names in the first column and “Joint tenancy” in the second column; in the next column, you might write “Family home, 123 Main Street”, in the fourth column, “$100,000”, which in the case of such a joint tenancy would also be the value to be placed in the final column. The amount left to pay on the mortgage would be shown under Part II: “Debts and Other Liabilities”.

Owner

Name and Type of Ownership

Nature of Property, and Address

Estimated TOTAL Value

Estimated Market Value of the Interest

on date of application current date

TOTAL VALUE OF REAL PROPERTY (1) $

26

2. GENERAL HOUSEHOLD GOODS AND VEHICLES

Show estimated market value, not the cost of replacement, for these items owned on date of application or as of the date of this statement. Do not deduct encumbrances or costs of disposition; these encumbrances and costs should be shown under Part II, “Debts and Other Liabilities”.

Item Description In the Possession of

Estimated Market Value

on date of application

current date

Household goods, appliances and furniture

Cars, boats, trailers, motorhomes, snowmobiles, other vehicles

(describe by make, model, year)

Jewellery, works of art, collections, electronics, tools, sports & hobby equipment

Other special items

TOTAL VALUE OF GENERAL HOUSEHOLD GOODS AND VEHICLES (2)

$

3. BANK ACCOUNTS AND SAVINGS

Show the items owned on the date of application by category. Include cash, savings and chequing accounts in financial institutions, term deposits, guaranteed investment certificates, and any other savings.

Owner Category Institution

Amount

on date of application

current date

TOTAL VALUE OF BANK ACCOUNTS AND SAVINGS (3) $

The location of any safety deposit box[es] I have is ________________________________________

(name and address of institution(s))

27

4. PENSIONS AND RETIREMENT SAVINGS PLANS

Show the items owned by category. Indicate the name and address of the institution where a Registered Retirement Savings Plan is held; include name and address of pension plan and pension details.

Owner Category Institution Account Number

Amount

on date of application current date

TOTAL VALUE OF PENSIONS AND RETIREMENT SAVINGS PLANS (4) $

5. SECURITIES

Show the items owned by category. Include shares, bonds, mutual funds, warrants, options, debentures, notes and any other securities. Give your best estimate of their market value if the items were to be sold on the open market.

Owner Category Number Description

Estimated Market Value

on date of application current date

TOTAL VALUE OF SECURITIES (5) $

28

6. LIFE & DISABILITY INSURANCE

List all whole life, term life, disability or other similar insurance policies. Set out cash surrender value, if any.

Company and Policy No.

Kind of Policy Owner Beneficiary

Face Amount

Cash Surrender Value

on date of application

current date

TOTAL VALUE OF LIFE AND DISABILITY INSURANCE (6) $

7. BUSINESS INTERESTS

List any interest either spouse holds, directly or indirectly, in any unincorporated business, including partnerships, trusts and joint ventures. Give your best estimate of market value if business were to be sold on an open market. An interest in an incorporated business may be shown here or under item 5: Securities.

Interest Held by Name of Firm or Company Interest

Estimated Market Value of Interest

on date of application

current date

TOTAL VALUE OF BUSINESS INTERESTS (7) $

29

8. ACCOUNTS RECEIVABLE

Give details of all money owed to either spouse, whether because of business or from personal dealings; including amounts loaned to family members, any Court judgments in a spouse’s favour, any estate money owed.

Owed to Details

Amount Owed

on date of application

current date

TOTAL OF ACCOUNTS RECEIVABLE (8) $

9. OTHER PROPERTY

Show other property or assets owned by categories. Include property of any kind not listed in items 1 to 8 (for example, patents or copyright claims). Give your best estimate of market value.

Owner Category Details

Estimated Market Value of Interest

on date of application

current date

TOTAL VALUE OF OTHER PROPERTY (9) $

I. VALUE OF ALL ASSETS (Add totals 1 to 9 together) I = $_____________

30

II. DEBTS AND OTHER LIABILITIES

Show all debts and other liabilities, whether arising from personal or business dealings. List by category, such as mortgages, charges, loans, liens, notes, credit cards, accounts payable, tax arrears and costs of disposition. Indicate if any other person may be responsible for this debt with a spouse, and give their names. Include contingent liabilities such as guarantees given by either spouse, and indicate that they are contingent. Indicate if any debt payments are in arrears.

Debtor Category

Details (interest rate, term or number of payments remaining, any property affected)

Amount Owing

on date of application

current date

TOTAL DEBTS AND OTHER LIABILITIES II = $

31

III: PROPERTY, DEBTS AND OTHER LIABILITIES ON DATE OF MARRIAGE

Show by category the value of each spouse’s property and debts and other liabilities calculated as of the date of marriage. If possible, include the price paid for asset, year purchased, and value added of repairs and improvements during marriage, as well as value on date of marriage.

Category and Details

Value on Date of Marriage

Assets Liabilities

Petitioner Respondent Petitioner Respondent

Real property (exclude family home owned on date of marriage, unless sold before date of separation)

Vehicles (exclude family use vehicles)

Bank accounts and savings

Pensions and Retirement Savings Plans

Securities

Life & disability insurance

Business interests

Accounts receivable

Other property (Specify.)

Debts and other liabilities (Specify.)

TOTALS $ $ $ $

NET VALUE OF PROPERTY OWNED ON DATE OF MARRIAGE III =

$ $

32

IV: PROPERTY EXEMPT FROM DISTRIBUTION Show the value by category of property reported in this statement which was owned on the date of application that you claim is exempt from distribution pursuant to sections 23 and 24 of The Family Property Act, other than that property shown in Table III above.

Category Item and Reasons for Exemption Value on Date of Application

TOTAL VALUE OF EXEMPT PROPERTY IV = $

V: PROPERTY DISPOSED OF WITHIN 2 YEARS

List by category all property disposed of within 2 years before the beginning of this proceeding. Indicate the date of disposition of each item.

Category Details Value

TOTAL VALUE OF DISPOSED PROPERTY V = $

VI: CALCULATION OF NET FAMILY PROPERTY

Deductions Balance

Value of all assets owned on date of application (item I ) $

Subtract Value of all debts and other liabilities

(item II) $ $

Subtract Net value of property owned on date

of marriage (item III ) $ $

Subtract Value of exempt property

(item IV) $ $

NET FAMILY PROPERTY $

33

VII. SCHEDULES

If applicable, attach a statement as to the income tax consequences of an ordered disposition or realization of particular assets.

If a pre-marital [or pre-cohabitation] asset claimed exempt is no longer held, but has been traded for another asset, attach a statement tracing the asset to the asset currently held. Attach copies of transaction documents. IMPORTANT NOTE: If during the course of the proceeding you find out that the information in this Property Statement is incorrect or incomplete, or there is a material change in the information provided, you MUST serve on every other party to this claim and file with the Court the correct information, or a new Property Statement containing the correct information, together with any documents that back up that information.

34

Form 15-12A COURT FILE NUMBER ____________________________________ COURT OF QUEEN’S BENCH FOR SASKATCHEWAN (FAMILY LAW DIVISION) JUDICIAL CENTRE __________________________________________ PETITIONER __________________________________________ RESPONDENT __________________________________________

AFFIDAVIT OF SERVICE

I, _______________________________________________, of the __________________of

(name of document server) (city, town, etc.)

______________________, ___________________________________________________,

(name of city, town) (name of province, state, other)

Make Oath and Say/Affirm as follows:

1 On the ______day of_____________________, 201__ , I personally served the

(date) (month) (year)

Respondent,_______________________________, with a true copy of:

(name of Respondent)

☒ Petition;

☒ Property Statement.

an original being part of the Court file, by leaving a true copy with him (or her) at:

Address: ___________________________________________________________

2 My means of knowledge as to the identity of the respondent are as follows:

☐ the party identified themselves to me;

☐ the party being served is known to me;

☐ other: _________________________.

Clerk's Stamp

35

3 The postal address of the respondent is:

________________________________________________________________

___________________________________________________________________

4 The basis of my information and belief as to the postal address of the respondent is:

___________________________________________________________________

___________________________________________________________________

5 To effect service I necessarily travelled ____ kilometres.

SWORN (OR AFFIRMED) BEFORE ME

}

_________________________ (signature) (MUST BE WITNESSED BY COMMISSIONER FOR OATHS)

at, __________________ Saskatchewan,

this _____________day of ___________,

201_______

___________________________________

Commissioner for Oaths

for Saskatchewan

CONTACT INFORMATION AND ADDRESS FOR SERVICE Address for service and contact information of party filing this document: Name of party: Address for service: Telephone number: Fax number: E-mail address: