When you’re navigating a divorce or child support case in Alberta, you may encounter something called a “Notice to Disclose.” In plain language, a Notice to Disclose is a formal legal request for financial information in a family law case. It’s a tool used to make sure both sides exchange the necessary documents about income, expenses, assets, and debts. This ensures that decisions about child support, spousal support, or property division are based on full and accurate information.

What Is a Notice to Disclose Alberta?

A Notice to Disclose is essentially a court form or document that one party in a family law case serves on the other party, demanding detailed financial disclosure. If both sides exchange financial disclosure voluntarily, a Notice isn’t strictly needed. However, if there’s a delay, refusal, or uncertainty, serving a Notice makes it official and enforceable by the court. Some lawyers serve it routinely to avoid future disputes over what was exchanged and when.

Think of the Notice to Disclose as a formal checklist of financial documents you must give to the other side. It’s not optional. In fact, exchanging financial statements and related information is standard practice under the Family Law Act in any Alberta separation or divorce. The goal is to make negotiations and court decisions transparent and fair.

While it’s commonly used to deal with someone dragging their feet, it can also be a proactive tool to make sure both sides exchange disclosure at the same time and on record.

What Information Must Be Disclosed?

A Notice to Disclose comes with a detailed list of documents and information that the responding party must provide. The list is designed to cover essentially all aspects of your financial situation to present before the court.

Here are the types of documents commonly required:

• Income Tax Returns (3 years)
• Notices of Assessment from the CRA
• Recent pay stubs or a letter from your employer showing current earnings
• Recent statements for other income such as social assistance, employment insurance, workers’ compensation, disability payments, pensions, investments, and more
• Total student funding, such as loans, scholarships, or living allowances for the current academic year
• Business’s financial statement (if self-employed)
• Bank account statements (usually 6 months)
• Credit card statements indicating the amount owing (6 months)
• A monthly budget (if spousal support is being requested)
• Recent financial statements of income, assets, and debts (also known as a net worth statement)
• Receipts or proof for special or extraordinary child expenses
• Trust documents, such as trust settlement agreement or investment account summaries (if applicable)

You won’t need to provide every item on the form, only those checked off and relevant to your case. If something truly doesn’t apply to you, just indicate “not applicable.”

How to Respond If You Receive a Notice to Disclose

Being served with legal documents can feel overwhelming, especially if you’ve never been involved in a court case before. But if you receive a Notice to Disclose, it’s important to know that this is a routine and expected part of family law in Alberta.

Disclosure is typically one of the first steps in family law actions to ensure fair resolutions. It doesn’t mean you’re in trouble. It simply means the other party is formally requesting your financial information as part of the legal process.

If you are served with a notice of disclosure, then follow these steps.

• Check the deadline right away. You usually have about 30 days to respond, and there may also be a court date attached.
• Start gathering documents immediately. Some records take time to obtain, so request them as soon as possible.
• Stay organized when preparing your disclosure. Arrange your documents in the same order as the checklist and label them clearly.
• Complete the Disclosure Statement and have it sworn. You will likely need to sign this summary in front of a Commissioner for Oaths.
• Serve your disclosure and file with the court if required. You must deliver the documents to the other party and possibly file them with the court.
• Explain any missing information right away. If you can’t get something by the deadline, explain why and show you’re making an effort.
• Get legal advice. A family lawyer can help you understand your disclosure obligations and avoid mistakes.

Once you’ve exchanged financial disclosure, the information can be used to negotiate a child support or spousal support agreement, to figure out property division or debt sharing, or to prepare for mediation, arbitration, or court hearings.

If you’re the one who sent the Notice, remember that you’ll also be expected to provide your own disclosure. The process is meant to be fair and transparent for both sides. Sometimes, once both parties have exchanged disclosures, a court date originally scheduled in connection with the Notice can be cancelled. Other times, the matter may move forward if there are disagreements.

Don’t delay. Responding to a Notice to Disclose promptly and thoroughly shows the Court that you’re cooperating and taking your obligations seriously. It can also help move your family law matter toward resolution. And remember, ongoing disclosure may be required even after a final court order has been issued if child support is payable.

Consequences of Not Complying

If someone ignores a Notice to Disclose, the consequences can be serious:

• The court can make an order forcing disclosure.
• The judge can assume the missing information would not help your case and decide against you.
• You may have to pay the other party’s legal costs.
• You could be found in contempt of court.
• Your own applications could be dismissed or delayed.

Courts in Alberta expect full and honest financial disclosure. They see it as the backbone of fair decisions in family law. If you delay, dodge, or ignore your disclosure obligations, you risk serious legal consequences, and you may damage your position in your case. It’s always better to comply promptly and completely with your financial disclosure, even if it feels uncomfortable. Doing so protects your rights and keeps your case moving forward.

At DLegal Law Office, we understand how stressful family law matters can be, and we’re here to guide you through every step, including responding to or issuing a Notice to Disclose. Whether you need legal advice, document preparation, or full representation, our team of experienced divorce lawyers, spousal support, and child support lawyers are ready to help.

The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Legal Notice  for more details.