Ask a Lawyer: Family Law / Divorce

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divorce

Pat (Okotoks)

My wife asked for a divorce. She controlled all the financial information. How can I find out what our financial situation was.

0 13 months ago

Anonymous Lawyer (Edmonton)
   Verified Lawyer

Reviewing your bank statements and simultaneously asking her for disclosures is the simplest way to proceed. You can file a Notice to Disclose with the court and serve a copy to your wife. During one month of service, your wife must provide you with full disclosure.

0 13 months ago - edited 13 months ago

Anonymous (Sherwood Park)

The court system has tools to assist with reviewing a financial situation. It aims for fairness and transparency. Without good direction, though, it can be easy to get bogged down, overwhelmed, or put on a bit of a goose chase. Another thing, though, is that if someone is simply trying to hide finances, the Court can, as an alternative, just make a guess and impute an amount to them, and in an amount where it likely doesn't pay for them to not disclose.

It is a good idea to speak to a lawyer about processes available to you, or even whether there are opportunities for everyone to work together to make finances known without court.


0 13 months ago

Anonymous Lawyer (Edmonton)
   Verified Lawyer

It's only in very limited circumstances where the court can make those guesses though, for example in a child support application, and they still need some kind of evidence. If you're looking to find out how much is in accounts and investments and if there were any recent transfers, then filing a Notice to Disclose as others have mentioned, or attending Family Docket and requesting financial disclosure, are simpler methods.

0 13 months ago - edited 13 months ago

Mathieu Maillet - BARR LLP (Edmonton)
   Verified Lawyer

Hello,

This is am excellent question. The first step in most family matters is to exchange disclosure. Parties to a divorce will be required at some point to exchange copies of their finances, including bank accounts, investment accounts, pensions, and lists of assets and debt. There are other documents that are required to be disclosed. If a party refuses to provide the disclosure, then the court will likely grant an order for its production. Failure to comply with the court order can result in the court directing a person to pay costs and penalties, and potentially, in rare circumstances be arrested.


0 13 months ago

Anonymous Lawyer (Edmonton)
   Verified Lawyer

There's a standard list of documents exchanged in most separations, which is set out in a document called a Notice to Disclose / Application, which can also be requested through a procedural meeting with a judge called Family Docket.

To go the Family Docket route, you would file the following document in the courthouse to get a court date, then you'd serve the filed copy on your wife: https://www.albertacourts.ca/docs/default-source/qb/notice-to-attend-family-docket.docx?sfvrsn=75559e80_20

To go the Notice to Disclose route, there are extra steps but you don't have to speak to a judge, so it may be less intimidating. Firsts, you'd file with the clerks and serve on your wife your Statement of Claim: https://albertalegal.org/info/family-law/divorcing Next, you'd follow the Notice to Disclose Desk Application process here: https://albertacourts.ca/kb/resources/announcements/npp-desk-applications-for-notices-to-disclose


0 13 months ago

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