Legal Question in Family Law in Canada
I received a response to my question regarding what an individual needs to get a section 57 declaration (pasted below) - can you clarify whether or not the mention of "affadavit" below is right, as the information that he says has to be included in the affadavit is already in the Notice of Family Claim? Thanks!
"You apply to the Court within an existing Family Law Proceeding in the Supreme Court of British Columbia on evidence that the marriage has broken down and there is no reasonable prospect of reconcilation. Your affidavit saying when you married, when you separated, and your belief that there is no reasonable prospect of reconciliation usually suffices."
1 Answer from Attorneys
A Notice of Claim is not evidence of anything other than telling what you want. It is just that, a claim. It proves nothing. In order to prove something you need to prepare a document in accordance with the Family Rules; that document must contain whateve it is that you wish to have the court take action on and must be swon to be true by taking an oath as to its truth before a person lawfully permitted to administer oaths. That document is called an "affidavit". There are alos a numbe of other steps you must take in order to get the section 57 declaration.
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