Catherine Hyde, Paralegal

On May 2, 2015, the Family Law Rules changed to provide for additional requirements for financial disclosure, whether for a property claim or a support claim.  The Rules now provide that unless the court orders otherwise, specific items of disclosure as set out in the Rules, be attached to a new form entitled ‘Certificate of Financial Disclosure’.  The Certificate, together with the documents are served on the other party, and the Certificate without attachments, is filed with the Court together with proof of service.  There are specific timelines for filing the Certificate of Financial Disclosure.

The Certificate of Financial Disclosure must be updated or corrected from time to time as new information becomes available.  For example, it must be updated, served and filed before a Case Conference, Settlement Conference or a Trial Management conference.

If you are making a claim for support only, there is still a requirement to file a Certificate of Financial Disclosure dealing largely with documents related to income or if applicable for section 7 extraordinary expenses.

It is important that you determine the documents to include in your Certificate of Financial Disclosure and the timelines for serving and filing same.  Failure to do so could result in an order against you to provide further documents, which may result in costs assessed against you.  A lawyer can assist you in determining what your obligations are with respect to the requirement for a financial statement and certificate of financial disclosure.