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Post by Admin on Dec 6, 2013 10:57:11 GMT 12
Affidavits on accompanying Dissolution of Marriage forms go before the Court so “all the i's must be dotted and the t's crossed” otherwise the document may not be accepted. I remember one occasion after a client had left, I had forgotten to sign a copy of the marriage certificate and append it to the affidavit. How many other times previously I had forgotten to do this I do not know, for I never heard back from the clients – or anyone else. As the Court Registrar is the one who would review the affidavit before it goes to court and reject it if incomplete would it not be a good idea if he or she were to take a note of the JP witnessing the affidavit and report the name of the JP and error or omission to our Association Registrar who could then send an email to the JP advising him or her of the errors or omissions? By doing this JPs would ensure the same mistakes were not repeated. Possibly our Association Registrar could discuss the matter with Court Registrars.
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Post by Admin on Dec 6, 2013 11:02:28 GMT 12
A colleague had a client presenting an affidavit for dissolution of marriage but the couple had not been separated for two years. Should she proceed with the affidavit or refuse?
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Post by Jack on Dec 28, 2013 11:37:01 GMT 12
The duty of a JP is to take affidavits and not to verify their contents. However if the JP sees a statement in the affidavit knowing it to be false then he or she should not proceed. It is not the duty of a JP to ensure all the regulations concerning dissolution of marriage are met. That is up to the court.
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