FORM 70.18A

PETITION FOR DIVORCE

TO THE RESPONDENT:

            A LEGAL PROCEEDING FOR DIVORCE HAS BEEN COMMENCED AGAINST YOU by the Petitioner. The claim made against you appears on the following pages.

            IF YOU WISH TO DEFEND THIS PROCEEDING, and if you are served in Nova Scotia, you or a Nova Scotia lawyer acting for you must prepare an Answer in Form 70.21, serve it on the Petitioner's lawyer at the address indicated at the end of this petition or, where the Petitioner does not have a lawyer, serve it on the Petitioner, and file it, with proof of service, in this court office, WITHIN TWENTY (20) DAYS after this petition is served on you.

            Where you are served elsewhere in Canada or within the United States of America, the period for serving and filing your Answer is within forty (40) days after this petition is served on you.

            Where you are served outside Canada and outside the United States of America, the period for serving and filing your Answer is within sixty (60) days after this petition is served on you, or as provided in the order of the court authorizing such service.

            IF YOU FAIL TO SERVE AND FILE AN ANSWER, A DIVORCE MAY BE GRANTED IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU, JUDGMENT MAY BE GRANTED AGAINST YOU ON ANY OTHER CLAIM IN THIS PETITION AND YOU MAY LOSE YOUR RIGHT TO SUPPORT OR DIVISION OF PROPERTY.

            NEITHER SPOUSE IS FREE TO REMARRY until a divorce has been granted and the time for filing an appeal has expired. Once a divorce has taken effect, normally on the 31st day after the judgment was granted, you may obtain a certificate of divorce from this court office.

DETAILS OF THE CLAIM

1.         *I/We seek an order for the following relief pursuant to the Divorce Act, 1985:

            [ ] Divorce

            [ ] Custody

            [ ] Access

            [ ] Child Support

            [ ] Spousal Support

            [ ] Costs

2.         *I/We also seek an order for the following relief pursuant to other legislation:

            [ ] Matrimonial Property Act

                         [ ] Exclusive possession of the matrimonial home

                        [ ] Division of property

                        [ ] Division of pension

                        [ ] Other (specify)

            [ ] Pension Benefits Act to enable a division of pension

            [ ] Pension Benefits Standards Act, 1985 to enable a division of pension

            [ ] Change of Name Act

                        [ ] Change of Name of *Petitioner to: *

            [ ] Other (specify)

3.         *I/We seek a divorce on the ground that there has been a permanent breakdown of the marriage, and in particular:

(I) The spouses have been living separate and apart since *date and will have lived separate and apart for at least one (1) year immediately preceding the determination of the divorce.

(ii) *[if adultery or cruelty is alleged, provide brief particulars, but do not name the person with whom it is alleged adultery has been committed]

4.        There is no possibility of reconciliation.

5.         There has been no collusion, condonation or connivance in relation to this Petition.

6.         Particulars of marriage:

            A.        Date of marriage:

            B.        Place of marriage:

            C.        Date cohabitation ceased:

            D.        Surname of wife before this marriage:

            E.        Birth certificate surname of:

                        wife:                                                   husband:

            F.        Marital status of spouses at time of marriage:

                        wife:                                                   husband:

            G.        The wife was born at

                        on *month/day/year

            H.        The husband was born at

                        on *month/day/year

7.         Jurisdiction:

            A.        The wife's address is:

            B.        The husband's address is:

            C.        The *wife/husband has been ordinarily resident in the Province of Nova Scotia for at least one (1) year preceding the date of this Petition and, in particular, since *month/day/year.

8.         Children:

            A.        Full names and dates of birth of the children of the marriage as defined by the Divorce Act:

            B.        Present custody and financial arrangements with respect to the children are:

            C.        I seek custody of:

9.         The particulars of all written [or oral] separation, financial, custody or property agreements between the parties are:

10.       The particulars of all court proceedings between the parties or affecting the children of the marriage are:

11.       Declaration of Petitioner:

            *I/We say that the contents of this Petition are true to the best of *my/our knowledge, information and belief.

DATED at *, Nova Scotia, on *[date].

                                                                                                Signature of Petitioner

                                                                                                *Signature of Co-Petitioner

            The Petition was issued on behalf of the Petitioner by *his/her solicitor:

            *[name, firm name, address, telephone and fax number]

            I, * , the solicitor for the Petitioner, certify to this Court that I have complied with the requirements of s. 9 of the Divorce Act.

                                                                                                            *Signature of Solicitor

            ISSUED at *, Nova Scotia, on *[date].

                                                                                                            COURT OFFICER

Acknowledgement of Service:

            I, * , named as Respondent in this Petition have received a copy of this Petition on *[ , ] and my mailing address for further service is:

            *street

            *town/city *province

            *postal code

WITNESS                                                                  Signature of Respondent