What Are Pleadings, and Why Do They Matter in a Divorce?
What are pleadings? If you’re heading for a divorce or other Family Law proceedings in Ontario, you’ve probably already realized: there’s a lot of paperwork.
But one of the most important (and sometimes mystifying) parts of the early process is something called “pleadings”.
It may sound like an old-fashioned legal term – and it is. But “pleadings” is the name given to the formal court documents that are used in your legal proceedings. They’re the official start to your court case, and they help set the stage for everything that comes next.
In this article, we’ll explain what pleadings are and how they apply to your divorce. We’ll point out how Ontario’s Family Law Rules come into play, and walk you through the most common documents (like the Application, Answer, and Reply). We’ll also give you some helpful tips about deadlines and strategy.
Exactly What Are Pleadings?
In all civil litigation, pleadings are the collective set of documents filed at the beginning of a court case.
In a Family Law matter specifically, they clearly spell out what you and your Ex each want, and why. In other words, it’s a written expression of what you and your Ex are asking the court to decide. Whether it’s a specific parenting time arrangement, child support, spousal support, or dividing property, these documents put the key issues in writing.
Pleadings are really the chance to tell your story to the court, in writing. When done right, it can cover things like:
- What are you asking for?
- What outcome is important to you?
- What do you and your Ex agree or disagree about, in connection with how to move forward?
It’s all in the pleadings. And it’s how the court gets an initial handle on the issues that have to be decided in your matter.
The Family Law Rules
Before we get into the specifics of what collectively form the pleadings, we need to talk about the Ontario Family Law Rules, O. Reg. 114/99 (the “Rules”, for short). These are enacted under the Courts of Justice Act, R.S.O. 1990, c. C.43.
The Rules are simply legislation that sets out:
- The procedural steps in your Family Law case;
- The Court Forms you need to use; and
- The timelines you have to follow.
They are designed to keep things regulated, formalized, and efficient, and the court expects both of you to follow them in your proceedings.
The Application, Answer, and Reply
Next, there are three key pleading documents that often show up early in a divorce or Family Law case. Let’s break them down:
- The Application (Form 8 under the Rules)
The Application is the starting point. It’s filled out by the person who begins the case – called the “Applicant”—and it tells the court (and the other person) what the Applicant wants and why.
In a typical divorce or Family case in Ontario, the topics covered might include:
- A request for a divorce;
- Decision-making responsibility over a child (formerly called “custody”);
- Parenting time (formerly “access”);
- Child support;
- Spousal support; or
- An order about property.
The Application isn’t just one form. Depending on what’s being asked for, it’s usually accompanied by other documents – such as a Financial Statement (Form 13 or 13.1 under the Rules), and a parenting Affidavit (Form 35.1) if children are involved.
Once filed, the Application has to be served on the other person (i.e. officially delivered, following specified procedures). That person is called the “Respondent”.
- The Answer (Form 10 under the Rules)
Once the Respondent gets the Application, they have a choice to make: Either respond formally, or else risk having the court proceed without them.
That formal response is a document called an “Answer”. This lets them agree or disagree with the claims made in the Application, and they can also make their own requests – like asking for spousal support or a different arrangement for parenting time.
The Answer usually has to be filed within 30 days of receiving the Application. (The exception is where Application had to be served on the Respondent outside of Canada or the U.S., in which case the deadline is extended to 60 days). If it is not filed on time, the Applicant might be able to move ahead without the Respondent’s input – which could result in court orders being made without hearing their side.
- The Reply (Form 10A under the Rules)
Sometimes, the Respondent’s Answer raises new issues that were not covered by the Applicant in his or her original Application. In that case, the Applicant has the option to file a “Reply”, which gives them a chance to respond to those new points. It must be done within 10 days of receiving the Answer.
Strategy Tips: More Than Just Filling Out Forms
Even though the forms have fill-in-the-blank sections, how you complete them matters a great deal. Here are a few strategic tips to keep in mind:
- Be honest and complete: The court takes your word seriously. Don’t leave things out or stretch the truth.
- Include all your claims early: If you forget to ask for something now, it can be harder to bring it up later. That’s why getting good legal advice from the start is particularly important, since your position is largely “solidified” in your Answer or Reply (as the case may be).
- Stick to the facts: Try to keep emotion out of it. The court is focused on legal issues – not name-calling or finger-pointing.
- Think ahead: What proof will you need down the road? Keep that in mind as you write
- Get legal advice: Even if you’re representing yourself, a one-time consultation with a family lawyer can save you from costly mistakes.
Final Thoughts
Filing court documents can feel intimidating, especially if you’re already dealing with the emotional stress of a divorce. But understanding the basics of pleadings – the Application, Answer, and Reply – can help you feel more confident and prepared.
If you’re unsure how to begin, come talk to one of our experienced Family Lawyers, who can give you early advice on how to frame your pleadings so that your rights are protected right from the start. Feel free to give our offices a Call or request a Free Consultation. Fine & Associates can work closely with you to make you get your documents in order and get your divorce proceedings off to the right start.