Divorce Case: Statement of Claim, Affidavit & Request for Divorce

This assignment presents a comprehensive solution to a divorce case, including essential legal documents such as the Statement of Claim for Divorce, Affidavit of Service, Affidavit of Applicant, and Request for Divorce. The Statement of Claim outlines the petitioner's details, reasons for divorce under Section 9 of the Divorce Act, and a pre-nuptial agreement. The Affidavit of Service confirms the respondent was served, while the Affidavit of Applicant validates the petitioner's knowledge of the case facts. The Request for Divorce reiterates the grounds for divorce and the pre-nuptial agreement. Supporting documents, including the marriage certificate and identity/residence proofs, are listed. The assignment also includes a list of references. Desklib offers a platform to explore more such solved assignments and past papers.

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Civil Law

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1) Statement of Claim for Divorce:
In the Court of The Learned Queens Bench
Matrimonial Suit no: 5928/JPC
Dated: 6th February, 2019
Ms. Jacquelyn Marie Trueba, also known as Jacquelyn Marie Chamberlin, residing at 65 Silver
Springs Cove NW, Calgary, Alberta T2N 5P Ms. Jacquelyn Marie Trueba and Mr. Charles
James Trueba 2.
………….. (petitioner)
--Versus—
Mr. Charles James Trueba residing at 2115 501 East Lake Boulevard NE, Airdrie, Alberta T4A
0G6.
………………… ( respondent).
An application under Section 9 of The Divorce Act
Most respectfully Sheweth:
The petitioner is Ms. Jacquelyn Marie Trueba, also known as Jacquelyn Marie Chamberlin, who
is a resident at 65 Silver Springs Cove NW, Calgary, Alberta T2N 5P Ms. Jacquelyn Marie
Trueba and Mr. Charles James Trueba 2.
The respondent is Mr. Charles James Trueba, who is a resident of 2115 501 East Lake Boulevard
NE, Airdrie, Alberta T4A 0G6.
Ms. Jacquelyn Marie Trueba and Mr. Charles James Trueba having been living at different
residences since 15th October, 2017 under the law file number 5928/PJC. There has been various
chances taken by Ms. Jacquelyn Marie Trueba and Mr. Charles James Trueba to reconcile their
bonding under Section 9 of the Divorce Act.

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Before their marriage taking place, there was a pre-nuptial agreement between Ms. Jacquelyn
Marie Trueba and Mr. Charles James Trueba about their dividing of their matrimonial property.
There was an agreement that neither Ms. Jacquelyn Marie Trueba or Mr. Charles James Trueba
would demand any cost regarding the court proceedings from each other.
They did not possess any issue. There were absence of court proceedings in the court previously
on account of their marriage.
Hence, the petitioner prays for-
A decree of divorce for the dissolution of the
marriage according to the provisions of the
Divorce Act on account of both the parties
residing in different places for more than
one year and their marriage is beyond
reconciliation. The Learned Queens Bench
may give orders which would be deemed
proper and fit (Biggs, 2016), (Toohey).
2) Affidavit of Service
AFFIDAVIT
State of ___ Court File No: 4801 36398
Country of____
I, the undersigned, being duly sworn by, hereby affirm that:
1. My name is: Joshua C Wilson
2. I reside at:
3. I am not a party to this action
4. I am over 18 years of age
5. I am not related to the parties in this action by way of blood, adoption, marriage or
employment.

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On 4th February, 2019, I served Mr. Charles James Trueba upon ………… located at 2115 501
East Lake Boulevard NE, Airdrie, Alberta T4A 0G6, Country of Alberta.
Signature of Process Server
Printed Name
(Brown, 2011), (Emery, 2013)
3) Affidavit of Applicant
AFFIDAVIT
Dated: 6th February, 2019
Ms. Jacquelyn Marie Trueba, also known as Jacquelyn Marie Chamberlin, wife of Mr. Charles
James Trueba, residing at 65 Silver Springs Cove NW, Calgary, Alberta T2N 5P, solemnly
affirm and declare the below information:
1) ….. That I am the petitioner in the above case and as such I am fully aware of the above
facts of the case. I am also conversant with all the facts and circumstances of the case.
This is true to my knowledge.
2) ….. That that statements which are made in the above paragraphs about the proceedings
of my divorce case, all the lines of my foregoing petition are true as per my knowledge
and belief. The rest would be my submission before the honorable and learned court of
Queen’s Bench (Kabatek, 2018).
Deponent
Identified by me

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Advocate
List of Documents required for this purpose:
1) The certificate of marriage between Ms. Jacquelyn Marie Trueba and Mr. Charles James
Trueba. The document has been attached below:
CANADA CERTIFICATE OF MARRIAGE
ALBERTA
Department of Health, Vital Statistics
DATE OF MARRIAGE Registration No.
July 2, 2002 16578874-969
Name of Groom
Charles James Trueba
Name of Bride
Jacquelyn Marie Chamberlin
Place of Marriage Date Issued
Lethbridge September 5, 2002
Registration Date
July 30, 2002
Issued at Edmonton, Alberta
2) The identity proofs of Ms. Jacquelyn Marie Trueba and Mr. Charles James Trueba.
3) The proof of residence of Ms. Jacquelyn Marie Trueba and Mr. Charles James Trueba.
4) The passport size photographs of Ms. Jacquelyn Marie Trueba and Mr. Charles James
Trueba.

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5) The notice of appearance received by the petitioner in connection with case No:
5298/JPC along with applications under section 9 of the Divorce Act.
6) Proof that Ms. Jacquelyn Marie Trueba and Mr. Charles James Trueba had been living
separately over a period of one year (Essof, 2011), (Md Hashmi, Abdul Hak & Rahmat,
2012).
4) Request for Divorce
Dated: 6th February, 2019
Ms. Jacquelyn Marie Trueba, also known as Jacquelyn Marie Chamberlin, residing at 65
Silver Springs Cove NW, Calgary, Alberta T2N 5P Ms. Jacquelyn Marie Trueba and Mr.
Charles James Trueba 2.
………….. (petitioner)
--Versus—
Mr. Charles James Trueba residing at 2115 501 East Lake Boulevard NE, Airdrie,
Alberta T4A 0G6.
………………… ( respondent).
Ms. Jacquelyn Marie Trueba (petitioner) and Mr. Charles James Trueba (Respendent) having
been living at different residences since 15th October, 2017 under the law file number 5928/PJC.
There has been various chances taken by Ms. Jacquelyn Marie Trueba and Mr. Charles James
Trueba to reconcile their bonding under Section 9 of the Divorce Act, but such chances were in
vain.
There was an agreement that neither Ms. Jacquelyn Marie Trueba or Mr. Charles James Trueba
would demand any cost regarding the court proceedings from each other.
They did not possess any issue. There were absence of court proceedings in the court previously
on account of their marriage.

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Before their marriage taking place, there was a pre-nuptial agreement between Ms. Jacquelyn
Marie Trueba and Mr. Charles James Trueba about the division of their matrimonial property.
Hence, the petitioner requests for: A decree of divorce for the dissolution of the marriage
according to the provisions of the Divorce Act on account of both the parties residing in different
places for more than one year and their marriage is beyond reconciliation. The Learned Queens
Bench may give orders which would be deemed proper and fit (Featherstone, 2013).

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References
Biggs, J. M. (2016). 04_Matrimonial Legislation in Australia. London, UK: Sage.
Brown, H. M. (2011). Loosening the marriage bond: Divorce in New Zealand, New Jersey,
USA: John Wiley & Sons.
Emery, R. E. (Ed.). (2013). Cultural sociology of divorce: An encyclopedia. London, UK: Sage
Publications.
Essof, I. (2011). Divorce in Australia: From an Islamic law perspective. Alternative Law Journal,
36(3), 182-186.
Featherstone, L. (2013). “The one single primary cause”: divorce, the family, and heterosexual
pleasure in postwar Australia. Journal of Australian Studies, 37(3), 349-363.
Kabatek, J. (2018). Divorced in a Flash: The Effect of the Administrative Divorce Option on
Marital Stability in the Netherlands. Journal of Australian Studies, 50(5), 250-
261.
Md Hashim, N., Abdul Hak, N., & Rahmat, N. E. (2012). Section 106 of the Law Reform
(Marriage and Divorce) Act 1976 of Malaysia: issues and suggestions. Australian
Journal of Basic and Applied Sciences, 6(11), 281-285.
Toohey, J. Application for Security for Costs. London, Abingdon: Routledge.