(LSRN)Prepare your counterclaim, if necessary

Prepare your counterclaim, if necessary

You'll need:

To ask the court for different parenting or support orders, file a Counterclaim (Form F5). You must serve and file the Counterclaim within 30 days of receiving the Notice of Family Claim (Form F3). Usually, you file and serve the Response to Family Claim and the Counterclaim at the same time.

Fill out the Counterclaim

Start by filling out the first two pages of the Counterclaim. The form has instructions right on it to help you fill it out. See Common questions about the Supreme Court PDF forms for help using the forms.

Fill out the Schedules

The Counterclaim has five schedules (or sections). You only have to fill out the schedules that relate to the order you're asking for.

The five schedules (divorce, children, spousal support, property, and other) are in the PDF form. They are hidden when you first open the file. To make them appear:
  • On page 3, under Counterclaim, tick the appropriate boxes.
  • As you tick the first five options, the schedule for that option appears at the bottom of the form.

You only need to get a divorce if you've been legally married.

Fill out Schedule 1 if you're applying for a divorce. (If the claimant has applied for a divorce, you don't need to fill out this section or provide a copy of the marriage certificate.) Usually the grounds for divorce are that you've been living separately and apart from your spouse for at least one year.

Most divorces use the one-year separation ground. But you can also apply for a divorce earlier on the basis of adultery or physical or mental cruelty. If you ask for a divorce for one of these reasons, you have to present evidence to the court to prove the facts of the adultery or physical or mental cruelty.

If you're asking the court to grant you a divorce either now or at a later date, you need to file proof of your marriage (usually a marriage certificate) along with your Counterclaim. If you don't have a copy of your marriage certificate, see Getting a copy of your marriage certificate.

Fill out Schedule 2 if you're asking the court for any order related to your children. You're asking the court for any order related to the children. This includes orders for child support, guardianship, parental responsibilities, parenting time, contact with a child, custody, and access. For more information, see Parenting apart and Child support.

You need to provide all the information requested. If you're asking for a divorce, the court won't make an order unless they're satisfied that reasonable arrangements have been made for the children.

"Arrangements for parenting" refers to who will be responsible for making decisions about the children and if and how they will spend time with each parent.

If you're applying for an undefended divorce and asking for child support, make sure you fill in:
  • the amount of support you want, and
  • an amount for your spouse's income. If you're not sure, make your best estimate.

If you don't provide this information, the court may not make an order.

Fill out Schedule 3 if you're asking the court to make an order for spousal support (payments to support you, not the children). For more information, see Spousal support.

If you're married or lived together for at least two years, you must claim spousal support within two years of the divorce judgment.

If you're applying for an undefended divorce and asking for spousal support, make sure you fill in:
  • the amount of support you want, and
  • an amount for your spouse's income. If you're not sure, make your best estimate.

If you don't provide this information, the court may not make an order.

Schedule 4 is required if you're asking the court for any order to do with property and debt, like how you'll divide your property and other assets, and your debts.

For information, see Dividing property and debts after you separate and Dealing with debts after separation.

Complete Schedule 5 if you're asking for any other order, including a name change, a family law protection order, or an order declaring someone to be a child's parent.

You don't need to ask for a legal change of name if you’re just going back to the name you used before marriage.
Updated on 7 December 2022