8/13/2019 How to Prepare an Answer in a Family Law Matter

1/2

1.

2.

3.

The Law Society of Upper Canada

Osgoode Hall, 130 Queen Street West,

Toronto, Ontario, M5H 2N6

Tel: 416-947-3300

Toll Free: 1-800-668-7380

Fax: 416-947-5263

Web: http://www.lsuc.on.ca

How to Prepare an Answer in a Family Law Matter

Updated June 2012

This How-To Brief outlines the steps to take when preparing an answer in a family law matter.

Step 1: Review the application

Step 2: Review the legis lation

Step 3: Prepare the answer (and related documents)

Step 4: Serve the answer

Step 5: Filethe answer

Resources

Statutes and Rules

Other Resources

Review the application

Review the applicant's claims and the facts the applicant has relied upon to subs tantiate those claims.

Determine which claims are being disputed and the facts you are relying upon to dispute those claims.

Review and determine which (if any) claims you will make agains t the applicant or any other person

and the facts you are relying upon to substantiate those claims.

Determine the date by which the answer must be filed (within 30 days in Canada and 60 days outside

Canada or the United States). Diarize accordingly.

Review the legislation

Review RR. 10, 13 and 35.1 of the Family Law Rules, made under the Courts of Justice Act.

Review the Divorce Act, theFamilyLaw Actand the Children's Law Reform Act.Review any other legislation relied upon in the application.

Prepare the answer (and related documents)

Family Law Rules Forms:

Form 10, Answer (three copies)

Complete paragraph 1 of the ans wer, outlining any claims not in dispute.

Complete paragraph 2 of the answer, outlining the claims in dispute.

Ensure that the facts relied upon to dispute the claims are clearly and concisely set out.

Form 6B, Affidavit of Service

- "

http://-/?-http://-/?-http://-/?-http://-/?-http://-/?-http://-/?-http://-/?-http://-/?-http://-/?-http://-/?-http://-/?-http://-/?-http://www.lsuc.on.ca/

8/13/2019 How to Prepare an Answer in a Family Law Matter

2/2

4.

5.

. ,

Financial Statement.")

Note:The required attachments to the financial statement include

three most recent notices of ass ess ment, or

if the documents are not readily available, then "income and deductions"

printouts must be obtained from the Canada Revenue Agencytelephone 1-

800-959-8281.

Note:Whether or not an answer is served and filed, if support or property or exclusive

poss ess ion of the matrimonial home and its contents is claimed in the application, a

financial statement must be served and filed.

Form 35.1, Affidavit (three copies) if applicant (or respondent) is seeking custody or access

Updated Table of Contents (Continuing Record)

(See the link to these Family Law Rulesforms in the Resources section of this How-To Brief.)

Serve the answer

Serve the answer on all parties named in the application and answer along with the following

documents, if applicable:

Form 13 or 13.1, Financial Statement

Form 35.1, Affidavit

Review R. 6 of the Family Law Rulesto determine how the party(ies) can be served.

Complete the affidavit of service (Form 6B).

File the answer

File the documents that were served, along with the affidavit of service, at the court office within 30 days

after the application was served.

File the documents in the continuing record where appropriate. The remaining documents are filed in

the court file.

Update the table of contents of the continuing record.

Bring cash, cheque or a m oney order payable to the Minister of Financecheck with the local court

office or the regulations under theAdministration of Justice Actto confirm the fees for filing).

Resources

Minis try of the Attorney General,A Guide to Family Court

Ministry of the Attorney General, Family Law: This website provides the Family Law Rulesand Forms,

sample documents, fee s chedules, addresses of the courts and other relevant family law information

Ministry of Community and Social Services, Family Responsibility Office, Forms

Spousal Support Advisory Guidelines

Statutes and Rules

Divorce Act, R.S.C. 1985, c. 3 (2nd. Supp.)

Children's Law Reform Act, R.S.O. 1990, c. C.12

Family Law Act, R.S.O.1990, c. F.3

Child Support Guidelines (Ontario), O. Reg. 391/97, made under theFamily Law Act

Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31

Courts of Justice Act, R.S.O. 1990, c. C.43

Family Law Rules, O. Reg. 114/99, made under the Courts of Justice Act

Family Law RulesForms

http://www.ontariocourtforms.on.ca/english/forms/family/index.jsphttp://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_990114_e.htmhttp://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c43_e.htmhttp://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_96f31_e.htmhttp://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_970391_e.htmhttp://www.canlii.org/en/on/laws/stat/rso-1990-c-f3/latest/rso-1990-c-f3.htmlhttp://www.canlii.org/en/on/laws/stat/rso-1990-c-f3/latest/rso-1990-c-f3.htmlhttp://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c12_e.htmhttp://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.htmlhttp://www.justice.gc.ca/eng/pi/fcy-fea/spo-epo/g-ld/spag/toc-tdm.htmlhttp://www.mcss.gov.on.ca/mcss/english/resources/forms/?pillar=familyResponsibility&program=mcsshttp://www.attorneygeneral.jus.gov.on.ca/english/family/http://www.attorneygeneral.jus.gov.on.ca/english/family/guides/scj/