An uncontested divorce is a straight-forward process where ex-spouses can file a joint-application to finalize their divorce.  It is only applicable for couples who have an agreement on all the issues surrounding their separation (for example, dividing family property, spousal and child support and parenting time) and who have been separated for at least one year.

DBM Law PERSONAL INJURY BASICS: SETTLEMENT OFFERS

In order to file the application, you will need:

  • Your Marriage Certificate
  • A Copy of Your Separation Agreement
  • Your Change of Name Certificate (if required)

First, you will have to file your Separation Agreement using a Requisition (all forms can be found at https://www.supremecourtbc.ca/supreme-court-family-forms).  You can file the document at any Supreme Court Registry – such as in Vancouver or New Westminster.  This must be done in the Supreme Court of British Columbia and not in a Provincial Court.

REMEMBER – Separation Agreements are not like normal contracts.  You have specific rights that you should consider before signing any such agreement and you should discuss these with a Family Law lawyer.

Now that you have filed your Requisition you will have an open file with the Supreme Court Registry.  The number they stamp your form with will be used on all further forms. Those forms are:

  1. A Notice of Joint Family Claim. You are asking for a divorce.  You won’t be asking for any further orders because they will be covered in your separation agreement.
  2. A Registration of Divorce Proceedings
  3. Affidavit – Desk Order Divorce
  4. Child Support Affidavit (if applicable)
  5. Requisition
  6. Certificate of Pleadings (leave this blank, it is filled out by the court registry)
  7. Final Order

The Affidavits are sworn documents that you will need to have authorized.  They are where you swear the facts as you set out in the Notice of Joint Family Claim.   You can attached your Separation Agreement to the Child Support Affidavit to show the judge the amount being paid and the reason behind it.

For the final order, you will fill out all the orders you want the judge to grant.  Both you and your spouse must sign it before submitting it.

Take both an original set and a copy of all the above documents to the local registry and the staff there will review them for you.  Ask the staff how long the typical wait is for the divorce order to be signed.  You won’t be told it is ready – instead it will be available for pick up once the judge has signed it.   The signed order is the final step in your divorce.

Mike was called to the British Columbia bar in 2015, and before joining Drysdale Bacon McStravick LLP, he articled at a criminal defence firm in Toronto. Mike spent his articling year developing extensive litigation experience by attending court daily and assisting on files at every level of the Ontario courts.

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