Acts and Regulations

Rule-74 - MARITAL PROPERTY ACT APPLICATIONS

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Current to 1 January 2024
PARTICULAR PROCEEDINGS
RULE 74
MARITAL PROPERTY ACT APPLICATIONS
74.01Commencement of Proceedings
A person may claim relief under the Marital Property Act in any proceeding commenced under these rules.
74.011Proceedings Commenced in Judicial Districts with a case management model
2010-135; 2018-35
Forms 74A and 74B do not apply to a proceeding commenced under Rule 81.
2010-135
74.02Statements of Property and Debts and of Contribution
(1)A spouse who, in a proceeding
(a) makes a claim under section 3 or 4 of the Marital Property Act, or
(b) responds to such a claim,
shall deliver a Statement of Property and Debts (Form 74A) with the document by which the claim or response is made.
(2)A spouse or former spouse who
(a) makes a claim under subsection 44(1) of the Marital Property Act, or
(b) responds to such a claim,
shall deliver a Statement of Contribution to Property (Form 74B) with the document by which the claim or response is made.
(3)A spouse or former spouse who does not respond to a claim under section 3 or 4 or subsection 44(1) of the Marital Property Act shall nevertheless deliver the required Statement within the time prescribed for the response to the claim.
2018-35
74.03Confidentiality of Statements
Section 13 of the Marital Property Act applies to Statements delivered under this rule.
74.04Failure to Comply
(1)Where a party fails to comply with section 12 or subsection 44(4) of the Marital Property Act, the court, on motion without notice, may order that the party comply within a prescribed time.
(2)Where a party fails to comply with an order issued under paragraph (1), the court may
(a) order that party’s claim or defence to be struck,
(b) issue an Order for Appearance under Rule 76, and
(c) require the party to submit to cross-examination with respect to information required under section 12 and subsection 44(4) of the Marital Property Act.
2018-35
74.05Cross-Examination upon Statements
A party who serves a Statement required under this rule may be cross-examined on it
(a) on the hearing of a motion for interim relief, and the cross-examination may be used in evidence at the trial in the same manner as an examination for discovery, or
(b) on examination for discovery.
74.06When Fees Not Payable
A party is not required to pay fees to the administrator where legal services in a proceeding under this Rule are paid for under a legal aid program.
94-24