As family lawyers we work to settle parties cases amicably and promptly and will often incorporate the deal the parties have reached into a desk order divorce with corollary relief. New Family law Rules forms related to this practice were very confusing to unrepresented parties- and to be frank- even to family law lawyers. We can all applaud the new rules which will take effect very shortly. We warn parties to obtain independent legal advice before signing any alleged “uncontested divorce” paperwork as we frequently see horror stories where parties paid too much or sold themselves or their children out. The verbose extra wording that was often inapplicable will now be deleted prior to signing and filing of the forms. Here is a summary of the changes released by the Court:
Orders, Child Support Affidavit, Affidavit in Support of Desk Order Divorce
Order in Council 192 also repeals the following forms and substitutes new forms:
Form 8 (Default Judgment)
Form 35 (Order after Application)
Form 79 (Order for Indigent Status)
Form F37 (Child Support Affidavit);
Form F38 (Desk Order Divorce affidavit),
Form F51 (Order made after Application),
Form F52 (Final Order),
Form F54 (Restraining Order
Form F85 (Order for Indigent Status)
The former version of each of these forms contained ‘tick box’ options which were intended to provide guidance to parties and counsel in drafting the terms of orders, and in preparing the Child Support Affidavit and Affidavit in Support of Desk Order Divorce.
Frequently, tick box options that were not applicable were included in orders submitted to the registry for endorsement, or in Child Support Affidavits or Affidavits in support of Desk Order Divorce filed in the registry.
The result was that orders of the Court, which should be clear to litigants and third parties, were cluttered and confusing. As well, Child Support Affidavits and Affidavits in Support of Desk Order Divorces often were confusing and unclear.
Effective April 25, 2012, the former forms listed above are repealed and new forms are substituted.
The new forms direct that all italicized instructions and options in the form that are not applicable in a particular instance must be removed from the form when it is filed with the registry. It is not sufficient to simply draw lines draw through or strike out the paragraphs or provisions that are inapplicable.
