Divorce Kit for BC – Required Application, Documents and all Papers

In order to apply for a simple and amicable divorce in BC, you will need to follow many steps. Approximately 95% of desk Order divorce cases are rejected by the Registry because it is a complicated process. In any event, here are the steps and documents needed to obtain your divorce in BC.

Necessary Documents for Applying for a Joint Desk Order Divorce in BC

• A copy of your marriage license: You have to prove to the court that you were married in the first place. You may have received a marriage certificate at the church you were married, but that is not a legal document. If you were married in BC, you can order a marriage license online, by mail, in person at a Service BC counter, or by phone. The cost is approximately $27. It takes about 2-5 business days. If you need it faster, you can get it couriered the next business day for $60. If you were married in another province or country, you will need to obtain a license from that jurisdiction.
• Your separation agreement or court order. Whatever you have agreed to regard child custody, child and spousal support and division of the marital assets need to be reflected in a written agreement or a court order. It is always best to have a fully executed separation agreement or court order so that the judge reviewing your Divorce application can be satisfied that you have resolved all your marriage issues in advance. Usually, before divorce is granted, all other issues in your family law case need to be settled or decided for. For this reason, you almost always need a separation agreement or consent Order proving to the judge that everything is in order. 

Court Documents to Fill and File with the Supreme Court of BC for Divorce – First Step

Start with a Joint Family Claim Form  (form F1 pdf or word), or a Notice of Family Claim in form F3. . These forms give the court details about you and your spouse, your marriage and separation, and what you are asking the court to do. There is a main front section and five schedules for you to fill out, each one relating to a different order. You only fill out the sections for the orders that relate to what you are asking the court to do:

1. Schedule 1 – Divorce
2. Schedule 2 – Children
3. Schedule 3 – Spousal Support
4. Schedule 4 – Property
5. Schedule 5 – Other

Watch our tutorial on how to fill out a Notice of Family Claim, here. 

1. Once you have completed the Notice of Family Claim, make three copies and File your divorce documents at your nearest Court Registry. If there isn’t one in your community, contact your local library for information about where you can file your documents. At the registry, they will check over your forms and take your $210 filing fee. If everything is in order, they will stamp the documents with the date, a court seal and a file number. Your divorce file will be open with the Supreme Court.
2. Complete a Registration of Divorce. Yes, another form. It’s to prove that you have no other divorce proceedings going on in another part of Canada. It can take 4-6 weeks to get clearance. 

Court Documents to File with the Court – Second Step

1. Once you have filed and served the Notice of Family Claim, wait for one month. If no response has been filed by your ex-spouse, you can proceed to the second step of applying for Divorce. 
2. You need to fill out and swear special Divorce or Child Support Affidavits. These are very much like Form F1 (Notice of joint Family Claim), but this time you must swear or affirm that the information is correct.
3. • Form F38 (PDF) – Desk Order Divorce – is a sworn document regarding the facts of your marriage and separation, and provides information regarding your children, if you have any.
   • Form F37 (PDF) – Child Support Affidavit – a sworn document required if there are any children of the marriage.
4. When the forms are complete, you need to swear or affirm the information is correct. You cannot swear to these documents until after you and your spouse have been separated (in most cases for more than) one year, and can only be sworn after the Notice of Family Claim has been filed. You can swear or affirm the affidavit in front of a lawyer, a notary public or Commissioner of Oaths (found at courthouse registries, Supreme Court and Provincial Court.) Make sure you take a photo ID with you.
5. Now, 3 more forms:
6. • A Requisition Form F35 (PDF) to tell the court what you want, again.
   • A Certificate of Pleadings Form F36 (PDF) the registry staff give to the judge to show that everything has been looked over, checked and is procedurally correct.
   •  A draft Final Order Form F35 that sets out what the court orders. Especially, you are filling out a form you want the judge to sign.
7. Finally, with all the forms filled out, you need to file them. Take 2 copies, fastened with a clip (not stapled) to the court registry.

This process only works if you both agree to the terms and are both willing to sign the documents. If one spouse is resisting, it won’t go as smoothly and will require serving papers and engaging in litigation, etc. 

Or, you can hire a lawyer who can look after all of this, make sure it is all done correctly the first time, sign a few pages and be done with it. 

Call us at 604-974-9529 to get help with filing your divorce papers.