Desk Order Divorce in BC: When You Can Divorce Without Going to Court

If you and your spouse have settled parenting, support and property, the last step is often the divorce order itself. In BC, an agreed divorce is usually granted on paper: you file a set of forms, court staff and then a judge review them, and the order is made without anyone attending court.

This is called a desk order divorce. It is simpler than a contested case, but the court still checks every document closely, and errors cause delay. This guide covers who can use the process, what the package contains, and what to check before you file.

What a desk order divorce is, and what it is not

A desk order divorce is an undefended divorce that a BC Supreme Court judge grants on written materials. The court's self-help glossary describes it as a process where the parties file a requisition with supporting documents and do not have to appear before a judge. Once the package is filed, court clerks and then a judge review it. If everything is complete and correct, the divorce order is made without a hearing.

It is not a shortcut around the legal requirements. The Divorce Act still applies in full: one spouse, or both together, must show that the marriage has broken down, most often by living separate and apart for at least one year (section 8). “Desk order” simply means nobody is contesting the application. For the wider picture of divorce routes and milestones, see our guide on how to get a divorce in BC.

Who is a good candidate for a desk order

The route suits spouses who have already settled their affairs. You are likely a candidate if:

• You are legally married and one of you has lived in BC for at least a year. Either spouse can meet the residence requirement.
• You have been separated for at least a year. You can start the case before then, but the main supporting affidavit cannot be sworn until the year has passed.
• Parenting, support and property are settled. A signed separation agreement or existing court orders make the application much simpler, because the divorce order is the only thing left to ask for.
• Your spouse will sign a joint application or will not oppose a sole one. If a response is filed, the case is no longer undefended.

It is a poorer fit if your spouse cannot be found (you may first need the court's permission to serve them another way), if any issue is still in dispute, or if you want spousal support or parenting orders made in the same application, which need additional evidence.

Starting the case: joint or sole

Joint application

You and your spouse complete and file a Notice of Joint Family Claim (Form F1) together. The Province's free Online Divorce Assistant is built for joint divorces and produces forms you can file at a registry or online. It does not cover sole applications.

Sole application

One spouse files a Notice of Family Claim (Form F3) and has it served personally on the other. Personal service must be done by an adult who is not a party to the case, so you cannot hand it over yourself, and the person who serves it completes an Affidavit of Personal Service (Form F15). Your spouse then has 30 days to file a response. If none is filed, the claim can proceed as undefended.

What goes in the desk order package

Once the separation year is up and, in a sole case, the response period has passed, you file the application. A typical package includes:

• Requisition – undefended family law case (Form F35). The formal request for the order.
• Affidavit – desk order divorce (Form F38). Your sworn evidence about the marriage, the separation and any children.
• Child support affidavit (Form F37). Needed where there are children, setting out the support arrangements.
• Certificate of pleadings (Form F36). The registrar signs this only once the file complies with the rules.
• Final order (Form F52). The draft divorce order for the judge to sign.

Timing rules for the affidavit

The Supreme Court's practice direction on divorce applications sets three timing rules for the Form F38 affidavit, and a mistake on any of them can send the file back:

• In a sole application, it must not be sworn until the time for filing a response has expired.
• Where separation is the only ground, it must not be sworn earlier than one year after the date of separation.
• It must be sworn within 30 days of the date the divorce application is filed, unless the court allows you to rely on an earlier affidavit.

The child support check

If you have children, the judge has a specific duty before granting any divorce. Under section 11(1)(b) of the Divorce Act, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable child support guidelines. If it is not satisfied, it must stay the divorce until those arrangements are made.

Your child support affidavit and any agreement need to give the judge enough information to assess the arrangement against the Guidelines. If your agreed amount differs from the Guidelines amount, explain why. Remember that “children of the marriage” can include children 19 or older who are not yet independent, for example because of post-secondary studies, illness or disability.

If you want the divorce order to include parenting terms, the practice direction expects evidence of the present and proposed arrangements, a summary of past care, and evidence of the other parent's agreement.

Why applications come back, and how to avoid it

The court's self-help site is direct: if there are mistakes in the documents, the clerk will reject them and send them back to be fixed, and the registrar will not sign the certificate of pleadings until any irregularity is corrected. Each round trip adds time. Before filing, check that:

• Names and dates match everywhere. The date of marriage, the date of separation and both spouses' names should be identical on every form and attached document.
• Service is properly proved. In a sole case, the affidavit of service is complete and the 30-day response period has passed.
• The child support evidence is complete. It should clearly show how the arrangement relates to the Guidelines.
• You are only asking for what the evidence supports. Requests beyond the divorce itself, such as spousal support, need their own supporting evidence.

After the order: day 31 and the certificate

A divorce generally takes effect on the 31st day after the judgment granting it (section 12(1) of the Divorce Act), and you cannot remarry until it has taken effect. In special circumstances the court can set an earlier date, but only if both spouses agree and undertake not to appeal.

Once the divorce has taken effect, you can ask the Supreme Court registry where it was filed for a certificate of divorce, which confirms that the divorce dissolved the marriage.

Agreed on everything? Have your desk order package checked before you file

Our family lawyers can review your separation agreement and desk order documents, prepare the application, and help you respond to any issues the registry raises.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.