New Financial Disclosure Requirements Under the Family Law Rules

November 24, 2015 Doreen So Common Law Spouses, Continuing Legal Education, General Interest, Litigation, Support After Death Tags: , , , , , , , , , 0 Comments

Yesterday was the kick-off of the 1st annual Family Dispute Resolution Institute of Ontario (“FDRIO“) Conference, the purpose of which is to bring together family dispute resolution professionals, clients, and legislators to share their knowledge, skills and experience.  The FDRIO is an organization that deals with family disputes, during all stages of life, which includes estate and elder care issues.

As an example of the overlap between family law and estate proceedings, the Family Law Rules Form 13.1: Financial Statement (Property and Support Claims) is often used as affidavit evidence of a support claimant’s assets, means, and needs within a claim for dependants relief pursuant to Part V of the Succession Law Reform Act.

As of May 2, 2015, the Family Law Rules were amended to include a category for income from a registered retirement income fund or annuity and a new Form 13A: Certificate of Financial Disclosure.  The new Form 13A requires the claimant to list all documentation in support of a party’s support and/or property claims.  This list is required to be served on all parties at the commencement of proceedings and to be updated throughout the litigation.

While there is no requirement to enclose a similar list of supporting documentation within a claim for dependants relief, this type of disclosure may streamline the productions process and facilitate settlement discussions by indicating the documents in the claimant’s possession and his/her readiness to substantiate their claim for dependants relief.  The new Form 13A is also a helpful tool to guide clients with the type of documents that they should be prepared to disclose throughout litigation.

Click here for links to the Ontario Family Law Rules Forms, and, for those who are interested, click here for information in respect of the new Ontario Family Law Rules which came into force and effect this May.

Thanks for reading!

Doreen So

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