BC Desk Order Divorce

If you and your spouse are lucky enough to settle all your matrimonial issues outside of the court room, or you do not have kids, spousal support or money issues at the time of separation, you can apply for what is called a BC Desk Order Divorce which means getting a simple divorce from the Courts.

Only a judge can grant you a divorce. Therefore you need the BC Surpeme Court’s assistance for your Desk Order Divorce. Remember, the Provincial Court cannot grant divorce. Also remember, there is no such thing as ‘legal separation’ in BC or Canada. Only a proper divorce granted by a judge. 

What is a Desk Order Divorce?

The Desk Order divorce is the process by which you can avoid having to to appear before a judge to obtain your divorce. But the judge still signs off on it while sitting at his/her ‘desk’. It can happen in two situations:

1. You apply for divorce and other Orders based on your settlement with your spouse and your spouse does not provide a Response to your Claim.
2. You and your spouse jointly apply for the Desk Order divorce.

The first option is mostly used to obtain a BC Desk Order divorce. The second option is not often used (at least by lawyers) because it complicates the matters and courts are hesitant to grant a joint divorce because two people divorcing can be emotional and change their minds or position. Being “joint” and amicable now may not last. In a few months or years, one person may have regrets about settling or applying jointly, and may sue the other person. There is too much conflict of interest to do a divorce jointly. It’s best for one person to apply and for the other person, not to respond.

How to Get a BC Desk Order Divorce

This is a 2 step process if you decide on applying for divorce on your own, and not jointly:

Stage 1 of BC Desk Order Divorce

File your BC Notice of Family Claim and serve it on your spouse. Your spouse will have 30 days from the date of service to respond to your claim. If your spouse does not respond, you can move ahead to the second stage. In most cases, you should ask your spouse not to provide a Response. If he/she does, your BC Desk Order Divorce application will be rejected.

Stage 2 of BC Desk Order Divorce

After waiting 30 days for a response and if no response is filed or served on you, you can move to the second stage. This is where things get complicated. You will have to fill out multiple forms and if you make a single mistake, your Application for a BC Desk Order Divorce will be rejected. The forms you will have to prepare include but are not limited to:

1. Divorce Affidavit
2. Child Support Affidavit
3. Certificate of Registrar
4. Draft Desk Order Divorce
5. Requisition to Search
6. A copy of your separation agreement
7. Fees payabe

It is reported that over 95% of BC Desk Order Divorce Applications are rejected by the Courts due to incompleteness, lack of proper legal procedure, lack of proper wording, etc.

For BC Desk Order Divorce, we always recommend that you hire a divorce lawyer to prepare your Application on your behalf. I have a client who tried doing this by herself. 3 rejection notices and one year later, she still has not obtained her divorce and now has to pay higher legal fees to correct her mistakes through a Divorce Lawyer.

To learn about the costs of a Desk Order Divorce, how long it takes, and what you need to do before applying for a Desk Order divorce, click here. 

For more information or to set up a consultation on the details of a Desk Order Divorce, please contact us at [email protected] or call 604-974-9529.

Ronak Leena Yousefi is the founder and a BC Family Lawyer at YLaw Group. 

The content of this page was updated in April, 2019 for more accuracy, freshness and comprehensiveness.