If you’ve been served with a Notice of Family Claim it pays to have a family law expert on your side. While this experience may seem serious and stressful at first, knowledge of how the process will unfold will help to put your mind at ease. In this week’s blog, we’ll take a look at what typically happens when a Notice of Family Claim is served.
What is a Notice of Family Claim?
In British Columbia, a Notice of Family Claim is a legal document required by the Supreme Court to begin a court proceeding. It explains the relief being sought by the claimant, and the grounds on which that relief is being claimed.
A Notice of Family Claim encompasses common family law topics such as divorce, spousal support, child support and property division. Those served with a Notice of Family Claim typically have 30 days in which to respond.
How to Respond to a Notice of Family Claim
Begin by downloading the Response to Family Law Claim (F4) form from the Supreme Court of British Columbia website. In this form, you are allotted space in which to state whether you agree, or disagree, with the claims being made against you. If the form encompasses more than one claim, you need to summarize those claims and state whether you are in agreement with them, or not.
How to Serve a Counter Claim
If you’ve been served with a Notice of Family Claim, it’s important to have your side of the story heard on the record. At this point, you are entitled to serve a counter claim. Download the Counter Claim (F5) form. Ensure you comprehensively detail each thing you feel you are entitled to within your counter claim. Don’t self-exclude yourself from property or aspects of the claim you may be entitled to. It’s best to leave it up to the court to decide.
What Happens Next
Having submitted your counter claim, the original claimant now has 14 days to respond and state if they agree, or disagree, with the claims you have made. At this point, legal proceedings such as submitting a Notice of Application, and booking a trial date, can now commence.
At Westside Family Law, we’ve guided hundreds of clients through this emotional process, fighting to ensure their rights are fully represented to the full strength of the law. If you have any questions about the Notice of Family Claim process, get in touch with us today. Our qualified team of family lawyers are ready to help you.