Financial Statements and Disclosure in a British Columbia Family Case

Whether you have to put your finances on the table depends on the court you are in and what is being claimed. A financial statement and supporting documents let the other party and the court see income, expenses, assets and debts.

What you must complete depends on the court you are in and what you are asking for. This article walks through the main requirements and gives a practical way to prepare.

This article covers the law of British Columbia.

Supreme Court: Form F8 and its parts

In the Supreme Court, Form F8 Part 1 plus the applicable income documents are required when child support income information is required. Form F8 Parts 1, 2 and 3 plus income documents are required when spousal support is sought, changed or ended.

Part 3 is required for each party in a Family Law Act Part 5 property division claim, and Part 4 applies for special or extraordinary expenses.

Which documents must be disclosed

Income documents include your personal tax returns and notices of assessment for the 3 most recent years. Depending on your situation, you also provide employment, business, partnership, corporate, trust or property documents.

• Personal income tax returns for the three most recent years.
• Notices of assessment for the same years.
• Employment documents, such as pay information, if you are an employee.
• Business, partnership, corporate or trust documents if you have those interests.
• Property documents where relevant to your claim.

If the parties agree on the payor's annual income, they can sign a Form F9 agreement and file it with the referenced documents to comply with the child support disclosure rule.

Deadlines and updates

Financial disclosure documents must be filed and served within 30 days after service of the claim, or 60 days if the party lives outside Canada and the U.S..

Disclosure is not a one-time task. A party whose Form F8 was served more than 91 days before trial or a hearing must serve an updated F8 at least 28 and not more than 63 days before it. For a judicial case conference, the original Form F8 must be filed at least 7 days before the conference.

In the Supreme Court, unless a judicial case conference has been held, a party must not serve a notice of application or supporting affidavit. A judicial case conference may be requested at any time, and the notice (Form F19) must be served at least 30 days before the conference. At the conference, the court may set timelines for documents and discovery.

Provincial Court: Form 4

In the Provincial Court, financial statements are filed in Form 4. They are required for child support where income information is required, and for spousal support.

A respondent replying to a child or spousal support application must also include a Form 4 financial statement, and the reply is due within 30 days after being served. A party who files no reply within that time is not entitled to notice of any part of the proceedings.

A Provincial Court application is served personally by an adult who is not a party, who leaves the documents with the person and completes a certificate of service in Form 7.

What to do next

• Confirm which court you are in and what is being claimed, since that sets which form and parts apply.
• Collect tax returns and notices of assessment for the last three years.
• Gather business, corporate, trust or property paperwork if it applies to you.
• Track your own expenses and debts in a clear list before filling in the form.
• Note the 30-day deadline from service and count it carefully.
• Ask a lawyer or a Family Justice Counsellor if you are unsure what applies.

Family Justice Centre services are free and include legal information and referrals. Virtual services are available at 1-844-747-3963.

Be complete and honest. Gaps or errors in your statement can cause delay and problems later, so it is worth getting advice before you sign.

Frequently asked questions