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Alberta Family Law Guide

Understanding the process

FFP Waivers and Deferrals: What If I Cannot Complete a Requirement?

Explain the obstacle, identify the request and understand what a court decision does—and does not—change.

Court of King’s Bench of Alberta · Regular FFP process · Individual requirements and directions may differ
The short answer

A waiver asks the Court to excuse a requirement; a deferral asks to complete it later. Under FFP, these requests use the desk process and should be addressed before the MIT package. Explain the particular requirement, the reason and the result requested. The Court decides whether to grant the request and on what terms.

Name the requirement and the actual barrier

“I cannot finish the requirements” leaves too much unclear. Identify the specific step, what has happened, and why completing it is difficult or inappropriate. Keep dates, relevant correspondence and any existing order together.

Official guidance identifies circumstances such as serious economic harm, refusal to participate, inability to locate the other party and an order preventing contact. These are reasons to explain for a decision, not automatic entitlements. A deferral should also explain what would allow completion later.

Further detail: Court of King’s Bench: Family Pre-Court Mandatory Requirements, January 2026 · Government of Alberta: Family Justice Strategy

Which process should I follow?

Use Appendix B of the revised FFP notice and the current forms linked from the Court’s FFP page. The process includes notice to the other party, an opportunity to respond, and a desk decision. A commencement document must first have been filed and served.

The form set includes the Request to Waive/Defer Mandatory Requirements (CTS13474), Desk Application (KB233), Notice to Respond (KB234) and Response (KB235). They serve different purposes. Follow Appendix B for documents served before filing, the response period and proof of service. It also requires copies of the filed material to be provided to the respondent and the resulting order to be served. Do not substitute the older, shorter email instructions in the January pre-court notice.

Further detail: Court of King’s Bench: FFP Notice, revised August 10, 2026 · Court of King’s Bench: FFP Manual, June 2026 · Court of King’s Bench: Family Focused Protocol

A concrete example of a deferral request

Fictional example: Sam has asked a former employer for a missing income record. The employer confirms it is retrieving the archive but has not supplied the record. Sam can organise the request date, the employer’s reply, the financial information already available and a realistic plan to follow up.

That explains a specific delay. It does not establish that a deferral will be granted. The decision still needs to address whether the remaining material is sufficient for the proposed next step, what is genuinely unavailable and what terms would be appropriate. A vague promise to supply everything later answers none of those questions.

Read the decision, then update the next steps

Keep a requested waiver separate from one granted. After the decision, record the exact requirement covered, any conditions and any date for completion. A decision about one requirement should not be treated as permission to skip the others.

If the Court declines the request, the practical question becomes what must now be completed or corrected. Keep the order with the preparation record so the next person reviewing the matter can see the result without reconstructing the request.

Questions you might have

Does the other person ignoring one email establish refusal?

No. The FFP manual warns that a single unanswered email is not reasonable effort to engage in ADR. Preserve the actual attempts and responses rather than describing silence as an established refusal.

What if the other party has not disclosed financial information?

The manual identifies a specific qualification for an ADR waiver based on missing disclosure: a disclosure order must have been breached. It directs parties to the Notice to Disclose desk process first. Missing disclosure and permission to bypass ADR are separate issues.

Should I wait if there is an immediate safety issue?

Raise the specific concern promptly. An urgent application has its own criteria and process; this desk-request guide does not determine urgency or replace urgent help.

Take something useful with you

Waiver-or-deferral discussion sheet

Your preparation list

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This page stores no checklist answers. A reload clears your selections. The download is a blank preparation aid, not a court form.

Sources & further help

General information only. The applicable rules, court directions and circumstances of your matter determine the next step.