Step 1: Consultation
Either party attends a consultation to discuss the consequences of their marital regime as well as the contents of their settlement agreement, including any claims for child maintenance, spousal maintenance, rehabilitative maintenance, contact with their children or an accrual claim.
If you are the party to whom the summons has been delivered, you should present this to your attorney for advice on your response.
If you have been served with a divorce summons, it is extremely important to consult with an attorney. Failure to respond in the correct manner may result in the matter being placed on the unopposed roll, which could have severe consequences for your future.
Step 2: Plaintiff – Summons Issued
If the summons has already been served on you, proceed to Step 3.
The summons clearly states the reason for the divorce proceedings and all the matrimonial consequences must be dealt with in the prayers.
This includes:
- Particulars of Claim; and
- a Parenting Plan (if there are minor children).
Step 3: Notice of Intention to Defend
This must be done within 10 business days after receipt of the summons.
The defendant serves a Notice of Intention to Defend.
This notice is:
- served on the plaintiff; and
- filed at court.
This notice informs the court that the defendant wishes to defend the action brought by the plaintiff because they do not agree fully with the contents of the summons.
Step 4: Plea and Counterclaim
Plea
- deals with the paragraphs of the summons;
- states whether the defendant agrees or disagrees with the summons; and
- consents to the prayers or dismisses them and may raise a claim in reconvention (counterclaim).
Counterclaim
This deals with what the defendant would like placed before the court in relation to the settlement agreement, including:
- accrual claims;
- any claims relating to minor children; and
- any claim for spousal or rehabilitative maintenance.
Step 4.1: Notice of Bar
If the defendant does not serve their plea and counterclaim, the plaintiff may serve a Notice of Bar.
This gives the defendant an additional 5 days to serve their plea and counterclaim.
If the defendant serves the documents, an application is made to remove the bar and the process proceeds to Step 5.
If they do not serve them, the matter may be placed on the unopposed roll and the divorce may proceed on an unopposed basis.
Step 5: Plea to the Counterclaim
Within 15 business days after the counterclaim is served, the plaintiff must serve a plea to the counterclaim.
This:
- deals with the paragraphs of the counterclaim;
- states whether the plaintiff agrees or disagrees with the counterclaim; and
- consents to the prayers or dismisses them.
Step 6: Pleadings Close
This occurs 10 business days after the plaintiff’s plea to the counterclaim.
Step 7: Discovery
Discovery ensures that before trial both parties are aware of all documentary evidence available. This narrows the issues in dispute and removes debate over matters that are not contested.
Step 8: Pre-Trial Meeting
With pre-trial minutes prepared.
During this stage the parties meet to discuss the issues in dispute and prepare the matter for trial so that unnecessary facts and issues are eliminated.
Step 9: Trial
The matter proceeds to trial where the court hears evidence and makes a final determination regarding the issues in dispute between the parties.