Statement of Claim for Divorce

[frustratedwithex]

So the offer I received this week states,

"Mr. XX has instructed me to place a deadline for this proposal of xx at 4:00 p.m. If Ms. XX is unable to respond by that time, or does not find the above proposal satisfactory, then the offer shall be withdrawn automatically. I have instructions to issue a Statement of Claim for Divorce and Division of Matrimonial Property at that time, and the negotiations based upon the xx Resolution Plan will be at an end. We will be looking for a division of matrimonial property pursuant to the Matrimonial Property Act of Alberta, and we will be reassessing our position on spousal support."

Does this mean I must sign the offer as is, or can I request changes?

If the claim for divorce is filed, then what happens? Do we go right to court?

rwm
I think you can help me with this question. Is the procedure the same for AB?<O
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[InterprovincialParents]

Divorce Act is federal law, same in every province (except Quebec)

[InterprovincialParents]

If you do not agree with it, he files a claim, you respond. Court process begins...still includes case conferences, settlement conferences, etc before ever reaching trial....especially without agreement...although agreement could be reached at any stage in the process.

[InterprovincialParents]

You can send the offer back with changes. It simply means that he is pulling another tactic to make you agree...

[InterprovincialParents]

he is stating his "bottom line", which, if you do not agree, the courts process will decide a fair and just outcome...and in AB, the courts are generally friendlier to women than to men...(depending on where...Calgary QB is...Edmonton QB is more fair)

[InterprovincialParents]

Another point being that if you send back an adjusted proposal, his attempt to push to court when you are still willing to negotiate looks poorly on him

[frustratedwithex]

Sending it back with changes doesn't automatically mean he will withdraw this offer and file?

[InterprovincialParents]

He may...have you signed over dower rights?

[InterprovincialParents]

All you need to do is counter by the deadline. It is a standard clause, ensuring that you cannot go back to that offer at a later date. Just because it goes to court next means diddly as far as what you have to accept.

[frustratedwithex]

No, haven't signed any Dower rights yet.

There is a statement in this offer which reads,

"Upon receipt of the signed Agreement and Mr. XX release of Dower Rights, I undertake to provide to you the documents for the transfer of...."

[InterprovincialParents]

ok...then I would send back counter-offer and let him file.

[frustratedwithex]

What is the significance of signing Dower rights?

So hyothetically, I counter this current offer, he says no way and files a claim, and then I respond. What does that mean? What do I respond with?

Can any of this offer be used, or do we start from scratch?

Are we required to have case conferences and settlement conferences before a trial, or can he decide he has done enough negotiating and just wants a trial?
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[frustratedwithex]

In all offers so far the document says “Pursuant to Child support guidelines”, but what is deducted from his and added to mine does not follow the guidelines.


If I agree and we settle, is the agreement automatically registered with the MEP?

<O
Each year when child support is to be reviewed do my ex and I agree on amount or does the MEP dictate what child support will be?

[InterprovincialParents]

In all offers so far the document says “Pursuant to Child support guidelines”, but what is deducted from his and added to mine does not follow the guidelines.

There is an amount listed? The amount of child support monthly should be the number on the guideline for the number of children you have. If it does not match...

If I agree and we settle, is the agreement automatically registered with the MEP?

No. If it is not contained in a clause in the order. AB is not auto-entered. You or he would need to register it with MEP.

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Each year when child support is to be reviewed do my ex and I agree on amount or does the MEP dictate what child support will be?

CS is a standard amount. Take income, get number. easy. Section 7 is where review comes in. And, if you have annual review, ensure you are getting Notice of Assessments and Reassessments. Add a date for new amount to begin each year, pursuant to guideline if income varies.

What is the significance of signing Dower rights?

You are forfeiting your right of first refusal on the matrimonial home. Without you signing off, the house is yours, but you maintain and pay alone for it. Your spouse is not obligated to. If you cannot afford the house alone, sign off and sell...gets rid of the emotional baggage too

What does that mean? What do I respond with?

There are standard forms to be filed in response to an Application for Divorce. Financial Statements, your position on settlement, etc.

Can any of this offer be used, or do we start from scratch?

At the first case conference, you will sort what is close to settled, what is, what will likely need further assistance to settle. Your response to an application would have whatever offer you would accept...so you can use it to some degree...

Are we required to have case conferences and settlement conferences before a trial, or can he decide he has done enough negotiating and just wants a trial?

You are required. Nothing proceeds to trial without it.

[rwm1273]

In Alberta, the clerk of the courts in Queens bench have been registering new orders for support with MEP. This is not in every case, but is common.

I have not heard of this happening with support orders in Alberta provincial courts.