Official Financial Affidavit - Post Decree
Official Financial Affidavit - Post Decree
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"Post-decree motions" are filed when a divorced (or legally separated) couple engages in "post-decree litigation," which basically means a couple is fighting about issues after the final divorce decree, and they're headed back to court to resolve them.
Average processing time is normally 4 to 6 months (if the Defendant is served personally in Alberta), 5 to 7 months (if the Defendant is served personally elsewhere) or 6 to 8 months (if the Defendant is served substitutionally or outside Canada).
What Is a Final Decree of Divorce? A divorce decree is the final court document in a divorce. A decree is not the same thing as a divorce certificate.
A motion for Pre-Decree Relief, and the appropriate attachments, are used to request every type of available relief in a case where a Divorce Decree has not yet entered. For example, you are wanting a divorce but need temporary custody arrangements made while the divorce is happening.
A final decree of divorce is the court's formal order granting a termination of a marriage. If the case goes to trial and the judge issues a judgment, the judgment is confirmed when the decree is signed and dated by the judge and court clerk.
Pre-Decree: Pre-decree includes anything that occurs prior to the finalization of the divorce. It can include mediation, evaluations, drafting of the Petition for Dissolution of Marriage, Drafting the Judgment for Dissolution of Marriage, drafting the Marital Settlement Agreement.
At the core, post judgment means after a judgment has been entered. In most cases, a divorce, legal separation or nullity judgment is entered by the court after the parties reach an agreement or there is a trial on the merits.
A financial affidavit is a statement of a party's income, expenses, assets, and liabilities.
Once it's signed by the court you are legally divorced and can remarry. The terms of the decree are enforceable though so if they have not been met you can file for violation and enforcement of the order.