A Guide to Making an Application to Court

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As with any court application, it is strongly recommended that you get legal advice when making this application.

For information on ways to find a lawyer and get legal advice, including free or low-cost options, click here.

For definitions of family law terms, visit our Glossary.

If you wish, you can print off this entire kit. Just click the 'Printer-friendly version' icon in the top right corner.

 

WHAT THIS GUIDE IS FOR

This guide is to help you file an application – a request to ask the court to make an order.  

Where you file your application will depend on what issue or issues you are applying to deal with, and where you, the other party, and perhaps the children, live. It may also depend on whether or not you are seeking a divorce from the other party. Please see the chapter called ‘Where do I file my application?’ for more information.

An application is made as the first step to request a court order. There are several forms you have to complete and file with the court when you make an application.

Note: Generally, this kit is for people who have never asked for a court order before. This kit may not be the right one for you if:

  • you have an active application with the court (one that is still proceeding, that is not yet finished, and not discontinued)
  • you are trying to file for a divorce
  • you already have a court order. Please see the Variation Application kit, speak to court staff, or talk to a lawyer for help.
     

WHERE YOU CAN USE THIS GUIDE

You can use this guide to make an application in the following courts:

  • Family Courts in Amherst, Antigonish, Bridgewater, Digby/Annapolis, Pictou/New Glasgow, Truro, Kentville & Yarmouth
  • Supreme Court (Family Division) in Halifax, Sydney, & Port Hawkesbury
  • Supreme Court (General Division) Courts in Amherst, Antigonish, Bridgewater, Digby/Annapolis, Pictou, Truro, Kentville & Yarmouth (for new applications addressing property or pension divisions only)

The forms you will need depend on which level of court you are filing in, and which issues you are dealing with. You will find form checklists later on in this guide.