How Do You File a Notice of Family Claim? Our Step-By-Step Guide

Written By Abby Pang

What is a Notice of Family Claim?

A Notice of Family Claim is an originating pleading or document filed with the Supreme Court to start a court action or lawsuit against a former spouse. This document provides details about the relationship, the separation, the children, the property and debt to be provided, or not divided. You may also filed a Notice of Family Claim for undefended or uncontested divorce applications.

Style of Proceedings

The first part of the Notice of Family Claim will ask you to set out the Court File Number, which you may leave blank. Once you file this document with the British Columbia Supreme Court Registry, they will stamp your document and assign a court file number to you.

The next part requires you to set out the Court Registry. You may choose the nearest Court Registry to you, or the registry that is most convenient for you. Check out the Supreme Court of British Columbia website for court locations: BC Supreme Court Locations.

Claimants Versus Respondents

Next, if you are filing the Notice of Family Claim, you will be the Claimant. Use your full legal name from your marriage certificate.

Next, your ex-spouse will be the Respondent. Use their full legal name from the marriage certificate.

Instructions On How to Respond

The rest of this page provides detailed instructions to your spouse on how to respond to your Notice of Family Claim.

Information About the Parties

Here, you can describe the relationship between the claimant and the respondent. For example, The claimant, is the spouse of the respondent. The respondent is the spouse of the claimant.

Spousal Relationship

Check off the box that applies to you. Enter the date that you lived together, in a marriage-like relationship, your marriage date, separation date, or divorce date.

 Prior Court Proceedings

If you had previous agreements or court orders you may describe them here, what the relevant dates, including any court file numbers. These include prior cohabitation agreements, marriage agreements or separation agreements.

The Claimant’s Claims

Here, you may check off each box that is relevant. Orders respecting children include guardianship, parental responsibilities, parenting time, and child support.

Place of Trial

Choose the same registry chosen above, the same registry where you will be filing the Notice of Family Claim.

Address of Registry

Check the BC Supreme Court Locations page to enter the correct location of the registry.

Claimant’s Address for Service

Here, you may add your address for service, where you want any court documents delivered. Faxes and emails are optional, so if you add this information, you may be served documents by fax or email.

Date and Signature

In this section, you can add the date in which you signed the document. If you are drafting the Notice of Family Claim on your own, you can sign at the signature box. If your lawyer is drafting and filing your Notice of Family Claim on your behalf, then your lawyer will sign on the signature line.

Lawyer’s Certificate

If you are represented your lawyer must sign on the lawyer’s certificate to confirm that they have talked to you about different dispute resolution processes that do not involve the courts. If you are filing the Notice of Family Claim on your own, you may leave this part blank.

Schedule 1

Personal Information

In this section, you will need to add the information of you and your spouse including birthdates, when you both started living in British Columbia, surnames at birth, surnames immediately before marriage, marital status immediately before marriage, place of marriage and date of marriage.

Grounds for Divorce

In this section you may check off the grounds for divorce. Typically, the most common ground for divorce is having lived separate and apart for at least one year. If that’s the case then you can add the date in which you started living separate and apart from your spouse. The other ground such as adultery or physical or mental cruelty typically require evidentiary support which can be complicated and costly.

Reconciliation

In this section, you must confirm that there is no possibility of reconciliation and that there has been no collusion in relation to this claim for divorce.

Proof of Marriage

In this section, you may check off the box that is relevant to you. If you have an original certificate of marriage you may file it with your Notice of Family Claim. If you no longer have access to your original certificate of marriage, you must explain to the court the reason why your certificate is no longer available. If your certificate needs to be translated, be sure to do so before filing with the registry.

Children

Any children who are considered children of the marriage will be listed here, along with their full legal names, date of birth, and a note about who they reside with.

Schedule 2

If you are asking for an order related to children, you must fill out this schedule.

Identification of Children

Here, you will listed the children’s full legal names, birthdates, relationship to the claimant and respondent, when the child started living in British Columbia and who the child is living with now.

Orders Sought

Choose to check off the box relating to parenting, child support, or both.

Current Arrangements

Here, you may set out the current arrangements for parenting, such as the interim agreement on parenting, or if there is no parenting schedule. You may include information such as who the children live with and when, and who is making decisions for the children.

Proposed Arrangements for Parenting

Here, you may describe the parenting schedule that you are seeking, including where the children will live and when, and who should make decisions for the children.

Child Support

Here, you may set out any agreements that are in place with respect to child support, including who is paying, how much and how often. If you have a written agreement, you should write out the exact terms of the agreement.

Income of Person Being Asked to Pay Child Support

In this section, you may set out the relevant incomes of the parties, and if you don’t know the exact amounts, you may estimate. You may set out the reasons why you believe your spouse’s income to be the amount that you have estimated. State the income before taxes and deductions.

Proposed Child Support Arrangements

In this section, you may set out the amount you are seeking for child support. You may set out special and extraordinary expenses which are any expenses you believe are not covered by child support. Read the Federal Child Support Guidelines here.

Schedule 3

If you are making a claim for spousal support, you will need to fill out this section.

Current Arrangements for Spousal Support

Here, you may set out any agreements in place, including who is paying, how much and when.

Proposed Spousal Support Arrangements

Here, you may set out what you are asking from the court. Refer to the Spousal Support Advisory Guidelines, or read our blog on Spousal Support.

Income of Claimant and Respondent

Here, you may set out the gross income of the claimant, total before taxes and deductions. You may also set out the estimated gross annual income of the spouse, and the reason you believe the income to be that amount.

Schedule 4

If you are making a claim for division of property and debt you must fill out this schedule.

Property

Here, you may check off whether you are seeking equal or unequal division of property and debt. The court will consider unequal division when equal division is significantly unfair. You may set out any real property here including their legal descriptions. Check your tax assessment or the certificate of title to property describe the property here.

Other Property Claims

You may make other claims such as excluded property for gifts and/or inheritances, property owned by third parties, property you are claiming unjust enrichment.

Certificate of Pending Litigation

You have the option here to apply for a Certificate of Pending Litigation which can be registered against real property if you think your spouse may sell or borrow against the property. This tells anyone interested in buying or loaning money against the property that there is a pending lawsuit.

Schedule 5

If you are asking the court for any other orders, you must fill out this schedule.

Other Orders

Here, you may set out other orders such as annulments, change of name, or costs.

 

Once you have filled out your Notice of Family Claim you may file it in the court registry of your choice. If you need assistance with your Notice of Family Claim feel free to reach out to one of our Vancouver family lawyers.

Abby Pang

Abby is a lawyer and loving mother of two children. She is an advocate for healthy families and children. She has turned her energy towards supporting families, by providing guidance and helping families navigate through the legal system, while empowering them to have a voice throughout the process.

Abby Pang’s journey began in Prince Albert, Saskatchewan. Subsequently, her family moved to the east side of Vancouver, before moving to Richmond, where she spent most of her childhood. Her father was a refugee who came to Canada in 1970, and from him she learned the meaning of grit.

In her youth, Abby experienced a breakdown in her family unit which resulted in divorce. She understands that marital breakdowns and divorces can be complicated, but also devastating. She also understands there are alternative options and ways to mitigate the damaging effects of the process.

Abby earned a bachelor’s degree from the University of British Columbia, studying psychology and family studies. She earned a law degree from Manchester Metropolitan University, exchange program through the Hong Kong University. In 2008, she returned to British Columbia to work in a large law office while completing her National Certificate of Accreditation. She then completed her articles in a boutique law firm in Vancouver. She was called to the British Columbia bar in 2012.

Abby has appeared in Provincial Court, Supreme Court and Court of Appeal. She deals with personal injury claims, sexual assault (civil) claims, and family law matters: Jansson v. Malone, 2021; Binning v. Kandola, 2021; Bergeron v. Malloy, 2020; Urwin v. Hanson, 2019; Lally v. He, 2016; Kandola v. Mactavish, 2016; Kweon v. Roy, 2016; Chan v. Caer, 2014; Saadati v. Moorhead, 2015; Loft v. Nat, 2015. In addition to her court experience, Abby takes a “family first” approach and is resolution-focused. She is registered through the International Academy of Collaborative Professionals.

As a lawyer, Abby Pang’s community involvement included volunteer work with the Federation of Asian Canadian Lawyers and the Canadian Bar Association Women Lawyers’ Forum. As well, she had the opportunity to assist at Rise Women’s Legal Center and Battered Women’s Support Services through volunteering with Amici Curiae Friends of Court.

Abby is the recipient of A Woman of Worth Leader of the Year Award 2023 for her outstanding achievements in strengthening her community/organization through innovative approaches to resolving challenges and inspiring meaningful change. She has been recognized nationally as a nominee of the YWCA Women of Distinction Awards 2023, which honours extraordinary women leaders and businesses.

In her personal time, Abby enjoys snowboarding, bike riding, and spending time with her family.

https://www.illumalaw.com/team
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