Family Law Disclosure Alberta
The court created disclosure notices to effectively enforce and expedite the sharing of financial information relevant to family law. If no statement is filed and the parties are reluctant to exchange documents, it is often very time-consuming and time-consuming to obtain relevant financial information from the parties in a lawsuit. The request for disclosure puts pressure on the parties to present the documents because they know that there is an upcoming hearing date when an explanation must be made as to why the documents will not be presented. This simplifies the sometimes cumbersome process of exchanging documents with this disclosure notice. But what are the actual financial documents and records that the parties must disclose to each other as part of the resolution of their family law cases? The Alberta courts have issued a number of decisions in this regard. In 2009, in Brown v. Silvera, the Alberta Court of Queen`s Bench said the parties should not go on a scavenger hunt to determine family property. He reiterated the SCC`s position that the parties have a positive obligation to provide all relevant and necessary financial information to determine the issues at stake, even if such information is not specifically requested – concealment or misrepresentation of assets is unacceptable and steps can be taken to obtain the necessary financial information, if they are not submitted voluntarily (i.e.B. Interrogation, counsel and judicial investigations, etc.).
Financial disclosure is an obligation that each party must fulfill. This means that both parties must provide information about their income (tax returns, notices of assessment, pay slips, etc.), assets (real estate, investments, vehicles, jewellery, bank accounts, etc.) and liabilities (debts, credit cards, lines of credit, mortgages, etc.). To ensure that you are providing the right documents to the other party/advocate, or if you want to better understand how to force the other party to provide you with documents and information relevant to your case (with or without court intervention), contact a family law lawyer in your jurisdiction. At EBL Family Law, our experienced lawyers will guide you through this process to ensure that both parties` disclosure is accurate and complete. “The secrecy of property is the cancer of matrimonial law” (Cunha v Cunha). If you have separated from your spouse, you are entitled to financial disclosure documents to determine the support to be paid (either child allowance, spousal support or partner support), as well as an appropriate division of matrimonial property and debt. Both the Alberta Rules of Justice and the Alberta Child Support Guidelines require parties to disclose themselves fully financially each year during their separation. Full financial disclosure usually includes at least the following information: Disclosure should be exchanged as soon as possible so that your case can move forward quickly. The exchange of financial information may take place using a form in the Alberta Rules of Justice called a Notice of Disclosure. Often, the parties voluntarily exchange the information required in the notice of disclosure instead of being forced to do so by court order.
Full disclosure of financial information is a fundamental principle of family law in Calgary, Alberta. Whether it is child support, spousal support or division of matrimonial property (or all three), full and accurate disclosure of all income, assets and debts (unless there is a compelling reason not to disclose them) is an essential part of a fair and final resolution of issues for the parties and their children. Disclosure notices can be used in divorce, matrimonial rights, parentage and support actions. They are not mandatory, but they are effective and a good measure for future protection. A disclosure notice benefits a family law client in several ways, including reducing the counterparty`s ability to hide assets and income, as they are required to disclose all aspects of their financial situation. If the parties are efficient and willing to exchange disclosure documents without the need to intervene in court, the notice of disclosure can serve as a guide to cover most of the relevant documents necessary to confirm which assets and liabilities are shared or released between the parties and the indicative income of each party for the purpose of calculating the child and/or spouse. or partner maintenance. .
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