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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 legislation Step 3: Prepare the answer (and related documents) Step 4: Serve the answer Step 5: File the answer Resources Statutes and Rules Other Resources

1. Review the application

Review the applicant's claims and the facts the applicant has relied upon to substantiate 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 against 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.

2. 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, the Family Law Act and the Children's Law Reform Act. Review any other legislation relied upon in the application.

3. Prepare the answer (and related documents)

Family Law Rules Forms: Form 10, Answer (three copies) Complete paragraph 1 of the answer, 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 Form 13 or 13.1, Financial Statement (three copies) (See the How-To Brief "How to Prepare a

Form 13 or 13.1, Financial Statement (three copies) (See the How-To Brief "How to Prepare a Financial Statement.") Note: The required attachments to the financial statement include three most recent notices of assessment, or if the documents are not readily available, then "income and deductions" printouts must be obtained from the Canada Revenue Agencytelephone 1800-959-8281. Note: Whether or not an answer is served and filed, if support or property or exclusive possession 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 Rules forms in the Resources section of this How-To Brief.)

4. 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 Rules to determine how the party(ies) can be served. Complete the affidavit of service (Form 6B).

5. 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 money order payable to the Minister of Financecheck with the local court office or the regulations under the Administration of Justice Act to confirm the fees for filing).

Resources
Ministry of the Attorney General, A Guide to Family Court Ministry of the Attorney General, Family Law: This website provides the Family Law Rules and Forms, sample documents, fee schedules, 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 the Family Law Act Family Responsib ility 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 Rules Forms