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The assignment is on Civil Law for the Statement for Claim of Divorce and know its rights and duties

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1)            Statement for Claim of 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.

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.

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

 

                                                                                                                           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.

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 nor 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.

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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