Statement of Claim for Divorce

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frustratedwithex

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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 XX is unable to respond by that time, or does not find the above proposal satisfactory, then the offer shall be withdrawn automatically.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:p
<O:p
<O:p
 
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.
 
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)
 
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.
 
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...."
 
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?
<O:p</O:p
 
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:p
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?
 
frustratedwithex said:
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.
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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...

frustratedwithex said:
If I agree and we settle, is the agreement automatically registered with the MEP?
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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.

<O:p
frustratedwithex said:
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?
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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.

frustratedwithex said:
What is the significance of signing Dower rights?
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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:)

frustratedwithex said:
What does that mean? What do I respond with?
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There are standard forms to be filed in response to an Application for Divorce. Financial Statements, your position on settlement, etc.

frustratedwithex said:
Can any of this offer be used, or do we start from scratch?
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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...

frustratedwithex said:
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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You are required. Nothing proceeds to trial without it.
 
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.
 
re: dower rights...

It is often when a couple has been together long enough to pay off the house that this becomes an issue, since there is nothing the husband can do to force the sale.
 
CS is where we are disagreeing. I assumed it would be easy, take income, get number. But ex does not want his total income used; none of his rational follows the guidelines. So in order to get to a settlement I am considering accepting this offer depending on what will happen once it is reviewed next year.

IPP
Your answers to my many questions are starting to clear things up for me, thank you.

re: dower rights.. That is our situation, the house was paid off years ago.
 
My lawyer indicated in error that my offsetting payment for child support included something that should only apply to my share of section 7 expenses, but it would appear the mistake either was not corrected or else the other side has disregarded the correction.

What do I do now? They used this error to calculate child support and this offer has conditions and a deadline.<O:p
 
frustratedwithex said:
My lawyer indicated in error that my offsetting payment for child support included something that should only apply to my share of section 7 expenses, but it would appear the mistake either was not corrected or else the other side has disregarded the correction.

What do I do now? They used this error to calculate child support and this offer has conditions and a deadline.<O:p
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If you are willing to accept this offer with that error corrected, say so to the opposing party. Accept with a caveat that that error be fixed, making correct CS $X.

And, if he wants only a portion of his income included, make sure that is fair for your children, since child support is their right, not yours.
 
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