Lawyer Property
Resume:
Form FL-*
COURT FILE NUMBER
COURT
COURT OF QUEEN’S BENCH OF
ALBERTA
JUDICIAL CENTRE
CALGARY
PLAINTIFF
(DEFENDANT BY
COUNTERCLAIM)
THERESA MAE PHILLIPS
DEFENDANT
(PLAINTIFF BY
COUNTERCLAIM)
ANTHONY ROBERT BROWNING
DOCUMENT COUNTERCLAIM FOR DIVORCE
AND DIVISION OF FAMILY PROPERTY
ADDRESS FOR SERVICE
AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
Zara Hande, Barrister and Solicitor
Hande Law, 403-***-****
201, 4616 Valiant Drive N.W.,
Calgary, Alberta T3A 0X9
Court Box #7
NOTICE TO PLAINTIFF
You are being sued. You are the Defendant by Counterclaim. Go to the end of this document to see what you can do and when you must do it.
(NOTE: Spouses to whom rule 12.121 applies should use Form FL 7.1 instead of this form.)
[This form may be filed in addition to a Statement of Defence (Form FL-4) or a Demand for Notice (Form 13) and may be used when a Statement of Claim for Divorce, a Statement of Claim for Divorce and Division of Family Property
(with or without an additional claim for unjust enrichment), or a Statement of Claim for Division of Family Property
(with or without an additional claim for unjust enrichment) has been served on you.] DIVORCE ACT CLAIM
THE PARTIES
1. (1) (a) The date of the marriage was: May 19, 1990
(b) The place of the marriage was: Drumheller, Alberta
(2) (a) The parties started to cohabit on: May 19, 1990
(b) The parties ceased cohabiting on: January 1, 2010
(3) Particulars respecting the Defendant:
Address: c/o Hande Law, 201, 4616 Valiant Drive N.W., Calgary, Alberta T3A 0X9 Date of birth: June 16, 1956
Place of birth: Montreal Quebec
Surname at birth: Browning
Clerk’s Stamp
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Surname at the time of marriage: Browning
Gender at the time of marriage:
(Male/Female/Another gender) Male
Marital status at the time of marriage: Single
(4) Particulars respecting the Plaintiff:
Address: c/o Sangha Law, 737 Qualicum Beach Bay, Chestermere, Alberta T1X 1J1
Date of birth: September 2, 1963
Place of birth: Drumheller
Surname at birth: Phillips
Surname at the time of marriage: Phillips
Gender at the time of marriage:
(Male/Female/Another gender) Female
Marital status at the time of marriage: Single
RESIDENCE
2. The Defendant has been habitually resident in the Province of Alberta for at least one year immediately preceding the date of this Counterclaim. GROUNDS
3. The Defendant is seeking a divorce on the grounds of the breakdown of the marriage by reason of (check all boxes that apply):
the parties are now separated and will have been separated for at least one (1) year at the determination of the divorce proceeding;
the Plaintiff has, since the celebration of the marriage, committed adultery; the Plaintiff has, since the celebration of the marriage, treated the Defendant with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.
RECONCILIATION
4. There is no possibility of reconciliation.
BARS TO DIVORCE
5. (1) There has been no collusion in relation to this divorce action.
(2) The Defendant has not connived at or condoned the grounds complained of prior to bringing this divorce action. (use only if the grounds are under paragraph 8(2)(b) of the Divorce Act (Canada))
CHILDREN
6. There are no children of the marriage. The children are over the ages of eighteen years old and not enrolled in full time post-secondary education, hence they are no longer considered children of the marriage as defined by the Divorce Act (Canada). AGREEMENTS
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7. The parties have made an agreement regarding the parenting arrangements or support of the children or support of each other, as follows: (provide date of agreement and summarize details) N/A
COURT PROCEEDINGS
8. (1) The details of any other court proceeding in regard to the marriage, parenting arrangements and support of the children or support of the parties are as follows: N/A
(2) The details of any
(a) court proceedings for a civil or family restraining order or a protection order under the Protection Against Family Violence Act,
(b) court proceedings, agreements or measures relating to child protection, or
(c) proceedings, undertakings or recognizances relating to any matter of a criminal nature
involving the parties, and the details of any orders in effect relating to any of these matters, are as follows:
N/A
SPOUSAL SUPPORT
9. The Defendant is not claiming spousal support from the Plaintiff at this time. FAMILY PROPERTY ACT CLAIM
REQUIREMENTS FOR APPLICATION
(NOTE: All applicable requirements of the Family Property Act must be met by the applicant. See in particular section 1 of the Act for definitions, section 3 for residence requirements, section 5 for circumstances required for applications, section 6 for time requirements and section 11 for requirements where one party is deceased.) 10. Check all boxes that apply:
The parties are habitually resident in Alberta.
The last joint habitual residence of the parties was in Alberta. The habitual residence of the parties at the date of marriage was in Alberta, and the parties have not since the marriage established a joint habitual residence. A statement of claim for divorce has been issued in Alberta. One spouse is deceased.
PROPERTY
11. Check the box that applies:
The parties were not in a relationship of interdependence with each other immediately before their marriage. Since the marriage, the parties have acquired property in their names, either jointly or separately.
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The parties were in a relationship of interdependence with each other immediately before their marriage. Since the relationship of interdependence began and since the marriage, the parties have acquired property in their names, either jointly or separately. 12. The particulars of all property will be set out in the family property statements to be filed in accordance with the Family Property Act.
AGREEMENTS
13. The parties have made an agreement regarding the family property as follows: N/A
EXEMPTIONS
14. The Defendant claims the following exemptions for the reasons indicated: To be determined
DIVISION OF PROPERTY
15. Check the box that applies:
The Defendant claims an equal division of the family property. OR
The Defendant claims an unequal division of the family property as follows: (describe how the Defendant proposes to divide the property and the reasons why unequal division is claimed)
(In a case where the Defendant wishes to combine a claim for division of family property with a claim for unjust enrichment, add the following clause)
UNJUST ENRICHMENT CLAIM (if applicable)
16. The Defendant is not making a claim of unjust enrichment. REMEDY SOUGHT IN THE DIVORCE ACTION
17. The Defendant makes the following claims: (check all boxes that apply) divorce judgment;
parenting arrangements as proposed above;
child support as proposed above;
retroactive child support;
support for the Defendant;
support for the Plaintiff;
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retroactive spousal support;
a restraining order;
other relief: (specify any other relief being sought) costs.
REMEDY SOUGHT IN THE FAMILY PROPERTY ACTION
18. The Defendant makes the following claims in the family property action: (check all boxes that apply)
an order for the equal distribution of all of the property acquired by the Plaintiff and Defendant, either jointly or separately;
an order for the unequal distribution of all property acquired by the Plaintiff and Defendant, in the manner claimed herein;
an order declaring certain property exempt from distribution as claimed above; an order for the allocation of the following specific property to the parties: a family home exclusive possession order;
an order for the exclusive use of certain household goods; occupation rent;
a preservation order;
other relief: (specify any other relief being sought) costs of this action.
REMEDY SOUGHT IN THE ACTION FOR UNJUST ENRICHMENT (if applicable) 19. The Defendant makes the following claims in the action for unjust enrichment: (list all remedies being sought)
Statement of Defendant
I, Anthony Robert Browning, the Defendant, certify to the Court that I am aware of the following duties imposed on me by sections 7.1 to 7.5 of the Divorce Act (Canada): 1. I will exercise any parenting time, decision-making responsibilities or contact with the child(ren) of the marriage in a manner consistent with the best interests of the child(ren). 2. I will protect the child(ren) of the marriage from conflict arising from these legal proceedings, to the best of my ability.
3. I will try to resolve the matters that may be the subject of an order under the Act through a family dispute resolution process, to the extent that it is appropriate to do so. 4. I will provide complete, accurate and up-to-date information if required to do so under the Act. 5. If I am subject to an order made under the Act, I will comply with the order until it is no longer in effect.
DATED at Calgary, Alberta, this day of October, 2021. Signature of Defendant
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Statement of Lawyer
(where Defendant has a lawyer)
I, Zara Hande, the lawyer for the Defendant, certify to the Court that I have complied with the requirements of section 7.7 of the Divorce Act (Canada). DATED at Calgary, Alberta, this day of October, 2021.
Signature of Lawyer for the Defendant
NOTICE TO THE PLAINTIFF
You only have a short time to do something to defend yourself against this claim:
• 20 days if you are served in Alberta
• 1 month if you are served outside Alberta but in Canada
• 2 months if you are served outside Canada
You can respond by filing a Statement of Defence or a Demand for Notice in the office of the clerk of the Court of Queen’s Bench at Calgary, Alberta, AND serving your Statement of Defence or Demand for Notice on the Defendant’s address for service.
WARNING
If you do not file and serve a Statement of Defence or a Demand for Notice within the time period, you risk losing the ability to have your side heard in the lawsuit. If you do not file, or do not serve, or are late in doing either of these things, a court may grant a Divorce Judgment and other relief to the Defendant in the Counterclaim.
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