Step-by-Step Guide to Desk Order Divorces in BC

If you and your spouse have separated and you both already agree on the issues of parenting, property, and support, then you can streamline your divorce process by applying for an uncontested divorce by desk order. The only way to get a divorce in BC is by being granted a final order by a judge in BC Supreme Court.

Reasons why you would want to get a divorce in BC:

• It starts limitation period (2 years) for claims for spousal support and property/debt division;

• It gives you the ability to remarry in the future;

• For tax or estate reasons; and

• It gives you legal finality and closure with respect to your separation.

This article will provide you with step-by-step information on how to apply for a desk order divorce, if this option is appropriate in the circumstances of your separation. After reading this post, we encourage you to reach out to our team of Vancouver family lawyers at Illuma Law to learn more about how we can guide you through this process seamlessly.

 If you and your spouse do not yet have a written agreement in place to cover the issues of property, support, and parenting, then we encourage you to speak with one of our lawyers to discuss your legal rights and responsibilities before signing an agreement with your spouse. The court will not grant your divorce until your family law issues have been settled.

Is applying for a desk order divorce in BC right for you?

• Consider the following:

  • Do you and the other party agree about getting a divorce?

  • Do you and the other party have written agreements (or court orders) for parenting, child support, spousal support, and the division of property and debt?

  • Has one of you lived in BC for at least 1 year immediately before (and when you start) applying for the divorce?

  • Have you and the other party been living separate and apart for at least 1 year, as the grounds for divorce?

  • Will the other party be cooperative through the process?

If you answered yes to all of these questions, then you can consider the option of applying for a divorce by desk order. This will mean that you do not have to appear in court to get your divorce order granted.

Step-by-Step Guide:

Step 1: Gather your original, government-issued marriage certificate.

• If you have a marriage certificate from outside of Canada that is not in English, then you will need to order a court-certified translation of your marriage certificate to English. You will need to submit this translation (along with an Affidavit of Translation) with your other documents.

• If you do not have a copy of your original marriage certificate on hand and it was issued in BC, then you can order one through Vital Statistics (see more information here).

Step 2: If you and your spouse have written agreements, then you can file them in BC Supreme Court.

• You can file your written agreement alongside a Requisition form and a $30.00 filing fee. It can save you money on filing fees to file your agreement first before proceeding to file a Notice of Family Claim.

Step 3: File appropriate court forms to start your claim for divorce.

• You must file a Notice of Family Claim (Form F3), a Registration of Divorce Proceedings, your original marriage certificate (and translation if applicable), and a copy of your written agreement.

• If you have already filed your written agreement, then the filing of your Notice of Family Claim is free. If you have not already filed your written agreement, then the filing fee for the Notice of Family Claim is $200.00.

• The filing fee for your Registration of Divorce Proceedings is $10.00.

• You must file the above documents in person or through Court Services Online.

• See the Supreme Court Family Rules – Appendix A for a list of downloadable forms.

Step 4: Serve filed documents on your spouse.

• The Supreme Court Family Rules require that your filed Notice of Family Claim be served, by personal service, on your spouse (meaning that an adult needs to physically deliver the filed court papers to your spouse).

• This can be a friend or family member, or a hired process server. You cannot serve them yourself if you are the claimant.

• The person who served your spouse with the filed Notice of Family Claim will need to complete an Affidavit of Personal Service (Form F15) that you will need to file at the registry. That person will need to make note of the date and time when they served the Notice of Family Claim and include this information in the Affidavit of Personal Service.

Step 5: Wait a period of 30 days for a response.

• Your spouse (the respondent) will have 30 days to file and serve you with a Response to Family Claim (Form F4). They may also file and serve you with a Counterclaim (Form F5).

• If you don’t receive a Response, then you can proceed to the next step for an uncontested desk order divorce.

• If you do receive a Response, then you cannot proceed with an uncontested desk order divorce because your family claim is contested by your spouse. Contact a Vancouver family lawyer at Illuma Law to discuss how to best proceed in your situation.

Step 6: If there is no response filed by your spouse, then you can complete and file your divorce application forms.

• The next set of forms to complete and file include:

  • If applicable, a Child Support Affidavit (Form F37);

    • A Desk Order Divorce Affidavit (Form F38);

    • A Requisition (Form F35);

    • A Certificate of Pleadings (Form F36);

    • A draft Final Order for divorce (Form F52);

    • An Affidavit of Personal Service (Form F15) that was completed when you served your spouse with the Notice of Family Claim.

  • Along with these forms, you will also need to submit a filing fee of $80.00 for your Requisition.

  • You can ask the registry for an estimated processing time for the Final Order to be considered and signed by a judge.

Step 7: Check the status of your divorce order.

• You will need to contact the court registry to check in on whether your Final Order has been granted and ready for pick up.

• Once it has been approved and signed by a judge, then you can go pick it up from the registry.

• Your divorce will be effective 31 days after the judge signed the Order.

• You must serve a copy of the Final Order signed by a judge on your spouse (by ordinary service). This means that you can deliver it to them by mail, by email, or by dropping it at their home or work address.

• Make sure to store your copy of the Final Order in a safe place.

Step 8: Obtain a certificate of divorce.

• Once your divorce is effective (31 days after the Order was signed by a judge), then you can order a Certificate of Divorce (Form F56) from the registry.

• This can be ordered anytime after the divorce is effective.

• If you do not order a Certificate of Divorce, then your divorce will still be effective after the Final Order is granted. But the certificate can serve as legal proof of the divorce should you need it.

That completes our step-by-step guide to obtaining an uncontested divorce by desk order. The general timeline for executing these steps can typically range from 4-6 months, depending on any complicating factors.

If you would like to learn more about this process, then we encourage you to reach out to our team of Vancouver family lawyers at Illuma Family Law. We would be happy to discuss your options in a consult appointment. You can submit an online request for an appointment, here.

Want to learn more? Please contact our team of Vancouver family lawyers for a consultation.

The material provided in this blog is for general information and education purposes only and does not contain, and should not be construed as containing, legal advice applicable to a particular set of facts. If you require legal advice, please contact us for a consultation.