What Is a Notice to Disclose in Alberta Family Law and How Do I Respond?
This answer covers the law of Alberta.
A Notice to Disclose is a Court of King's Bench document under rule 12.41 of the Alberta Rules of Court, on Form FL-17, that asks the respondent for financial information. The respondent has one month from service to file and serve a Financial Disclosure Statement. If you cannot give full disclosure, you must serve a completed Response to Request for Disclosure explaining why.
Anyone filing for child support, spousal support, adult interdependent partner support or family property division, and the respondent, must each file a Financial Disclosure Statement. Which supporting documents are needed depends on your situation, so check the form and confirm with a lawyer. Gather your income and expense records early.
If full disclosure is not made and there is no agreed extension or Consent Order, the other side may apply by email for a Disclosure Order without further notice to you, and the Justice may grant it or direct a hearing. In the Court of Justice, a Request for Financial Information is used instead, and the parent living in Canada has 30 days to provide it.
Key takeaways
- The respondent has one month from service to file and serve a Financial Disclosure Statement.
- If you cannot give full disclosure, you must serve a completed Response to Request for Disclosure explaining why.
- Without full disclosure, an agreed extension or a Consent Order, the other side may apply by email for a Disclosure Order.
- In the Court of Justice, a Request for Financial Information is used instead of a King's Bench Notice to Disclose.