Joint application for an uncontested divorce

Who this guide is for

This guide is for spouses working together on a joint application for a simple, uncontested divorce. This means you agree on all your separation issues and only need to apply for a divorce order.

Use this guide if all the following statements are true:

• You want to file for divorce in BC.
• You and the other person agree about getting a divorce, or they will cooperate with your application.
• You already have written agreements or orders for:
  • parenting,
  • child support,
  • spousal support, and
  • how to divide your property and debt.
• One of you will have lived in BC for at least one year before you start your divorce and will live in BC throughout the divorce.
• You've been separated for at least one year.
• You're not applying for divorce on the grounds of cruelty or adultery.

What if this guide isn't for you?

How long will it take to do your own divorce?

It's possible to do your divorce in 4 to 6 months once you've settled all your issues. But there are waiting periods, and it might take longer if your Supreme Court registry is busy.

You'll need

• Your marriage certificate
• Money to pay a translator to translate your marriage certificate into English, if required
• A copy of your separation agreement or court order(s)
• Your change of name certificate, if required

Your marriage certificate

To get a divorce, you need an original marriage certificate or a certified true copy of your registration of marriage. The court won't accept the certificate you received from the church or other place where you got married.

If you were married:

• in BC, see Marriage Certificates to find out what BC marriage certificates look like, and how to order one from the BC government's Vital Statistics Agency
• in another province or territory, contact the office equivalent to Vital Statistics in that province or territory
• in another country, contact the office responsible for marriage records in the country where you were married

Ask to have your original marriage certificate or a certified copy sent to you. There's usually a fee for this service. In BC, it costs $27 to order your marriage certificate from the Vital Statistics Agency.

Your separation agreement or court order

You need your separation agreement or court order(s) to show what you've agreed to or what the court has already ordered about parenting, child support, or spousal support.

You'll file your agreement with the Supreme Court to open a family law case.

Your change of name certificate, if required

You don't need to apply for a legal name change to use the name you had before you were married. It's the same as when you marry. You can use either your name from before marriage or your spouse's name without legally changing it.

If you did have a legal name change and want to change it back or change your name to something new, you can do that in your divorce application. In this case, you'll also need your change of name certificate from the Vital Statistics Agency.

You'll need

• A copy of your signed agreement
• A blank Requisition (Form 17.1)
• $30 to pay the filing fee

If you have an agreement and you haven't yet filed it with the court, do that next. Filing your agreement is very straightforward. You'll also save money if you do it before you file anything else.

How to file your agreement

Make a copy of your signed agreement.

Fill out the Requisition (Form F17.1). The Requisition is a request to file the agreement.

On the first page, fill in your name as the Claimant, and the other person's name as the Respondent. Check the box to confirm that there are no orders made or currently being sought.

Take the Requisition, a copy of your agreement, and the $30 filing fee to the registry.

You can file your documents at any Supreme Court registry. You'll have to go back to the same court each time you need to deal with the court again, so it's best to choose one that's convenient.

At the registry, a clerk will check your documents and take your payment. They'll stamp your documents with the court seal and put them into the file for your case.

You now have an open family law case with a court file number. Put this number on the rest of your forms so the registry knows that you already have an open file. This way you won't have to pay the $200 fee to open a case when you file your Notice of Joint Family Claim.

You'll need

• A blank Notice of Joint Family Claim (Form F1):
  • Notice of Joint Family Claim
  • Notice of Joint Family Claim
• A blank Registration of Divorce Proceedings
• A copy of your separation agreement or Provincial Court orders, for reference
• Your marriage certificate, for reference

This step is divided into three parts. The third part is optional and depends on your situation.

Notice of Joint Family Claim (Form F1)

The Notice of Joint Family Claim gives the court details about:

• you and the other person,
• your marriage and separation, and
• what you're asking the court for.

The form has different sections on different types of orders. Because you've already settled your issues in a separation agreement or court order(s), you only need to fill in section 1, section 2, and section 8.

Registration of Divorce Proceedings

Download a copy of the Registration of Divorce Proceedings. Fill it out onscreen and print it.

In Field 1, type the date you will go to the registry to file the application for divorce. This might be different from the date you fill out the form.

This form goes to a central registry in Ottawa. The registry in Ottawa will check their records to make sure you have no other divorce proceedings pending in Canada. The judge can't grant you a divorce order until they send written clearance back to your registry. This can take four to six weeks.

Go to Step 4 OR file the first two forms

You'll need to fill out a few more forms for your divorce application. You can either file your first two forms now, or you can wait and file them together with the next set of documents. It depends on your situation.

You'll need

• A blank Affidavit — Desk Order Divorce (Form F38):
  • Affidavit — Desk Order Divorce
  • Affidavit — Desk Order Divorce
• A blank Child Support Affidavit (Form F37), if you have dependent children:
  • Child Support Affidavit
  • Child Support Affidavit
• A blank Requisition (Form F35):
  • Requisition
  • Requisition
• A blank Certificate of Pleadings (Form F36):
  • Certificate of Pleadings
  • Certificate of Pleadings
• A blank draft Final Order (Form F52):
  • Final Order
  • Final Order
• Your separation agreement or Provincial Court orders

Fill out your affidavit(s)

You won't need to go to trial and give evidence to a judge. Instead, your evidence will be written in affidavits. An affidavit is a form that you fill out and swear or affirm that the information in it is true.

You need to fill out:

• an Affidavit — Desk Order Divorce (Form F38). This sets out all the facts of your marriage and separation, and gives information about parenting time if you have children.
• a Child Support Affidavit (Form F37). This gives information about your children and child support, if you and the other person have children. Attach your separation agreement or court orders to this form as exhibits. Write a letter on each exhibit (for example, Exhibit A and Exhibit B).

Some of the information in these affidavits will be the same as what's in your Notice of Joint Family Claim (Form F1). The Notice of Joint Family Claim isn't a sworn document, and the judge or master must have sworn evidence to make a decision.

You can prepare the Affidavit — Desk Order Divorce together, or you can print two copies and swear one each. You'll learn more about this in the next step.

Fill out three more forms

Next, you need to fill out three more forms:

• A Requisition (Form 35). This tells the court that you want a divorce (and a name change, if you need one). It also tells the court what documents you're providing to support your application.
• A Certificate of Pleadings (Form F36). The registry staff will sign this. It shows the judge that your documents have been checked and are complete and correct.
• A draft Final Order (Form F52). This sets out the court orders. You'll fill in all the details, and the judge will sign it. This will be your divorce order once the judge has signed it.

Both of you must sign the Requisition and the Final Order. Only the person who reviews your documents at the registry will sign the certificate.

There are strict rules for when you can swear or affirm your Affidavit — Desk Order Divorce (Form 38). You can only do it after:

• you and the other person have been separated for one year, and
• you've filed your Notice of Joint Family Claim at the court registry. (You can file the Notice and swear your affidavit at the registry at the same time.)

Once you've sworn your Affidavit — Desk Order Divorce, you must file the rest of your documents within 30 days. You'll file these in the next step.

If you're not swearing an affidavit at the registry

You can have the affidavit(s) sworn by a:

• lawyer,
• notary public, or
• commissioner for taking affidavits.

Commissioners are found in courthouse registries, at both Supreme Court and Provincial Court. See Who can swear an affidavit? to find out more about this.

If you're going to a lawyer or a notary public, make sure they can swear or affirm the document for you. Make an appointment if you need to. Tell them that the documents are an Affidavit — Desk Order Divorce and, if applicable, a Child Support Affidavit and exhibits for your divorce. Tell the person that you don't need any advice.

Take photo identification (for example, your driver's licence) with you. The person swearing the documents will check your identification. Then they'll ask if you've read the documents, and if you swear (or affirm) that the contents are true to the best of your knowledge and belief. If you answer yes, you sign the documents, and the person witnesses your signature.

You'll need

• Your completed forms and supporting documents
• $10 to file your Registration of Divorce Proceedings, if it's not already filed
• $80 to file your application for divorce
• Money to have your Affidavit — Desk Order Divorce sworn, if you need to (it costs around $40 to have this done at the registry)

Prepare your application

Now that you've completed all the documents, you need to apply for divorce.

Make one copy of your completed forms and put each set in the following order:

1. Notice of Joint Family Claim (Form F1), if it's not already filed
2. Registration of Divorce Proceedings, if it's not already filed, with:
   • your original marriage certificate, and
   • your English translation and Affidavit of Translation, if you needed them
3. Requisition (Form F35)
4. Draft Final Order (Form F52)
5. Certificate of Pleadings (Form F36)
6. Child Support Affidavit (Form F37), if it applies, with your separation agreement or orders attached as exhibits
7. Both your and the other person's Affidavit — Desk Order Divorce (Form F38)

File your application at the registry

Take the original set and the copy of your documents to the registry. The registry staff will review your documents.

They'll file your Notice of Joint Family Claim and Registration of Divorce Proceedings first, if you haven't filed them already. Filing the Registration of Divorce Proceedings costs $10. If you filed your separation agreement already, filing the Notice won't cost anything. If you didn't, filing it costs $200.

They'll take your oath to swear or affirm your Affidavit — Desk Order Divorce (there's a fee for this).

If the rest of your documents are ready to file, they'll take your payment for your application of divorce. As of January 2019, it costs $80. They'll stamp the original and the copy, and give the copy back to you.

Ask the registry staff to estimate when your divorce order will be ready.

Pick up your signed divorce order

The registry won't notify you when the order has been signed. You have to check in with them to see if it's ready.

Once you've picked it up, keep a copy of it in a safe place. Give the other person a copy.

When will you be divorced?

The divorce will become effective 31 days after the judge signed the order. For example, if the judge signed your divorce order on September 15, your divorce will be final on October 16.

The 31 days between when the order is signed and when the divorce becomes final is an appeal period. In theory, the other person can file last-minute appeals during this time to stop the divorce. But this is rare.

Certificate of Divorce

You can order a Certificate of Divorce (Form F56) from the registry any time after the divorce is final.

This step is optional. Your divorce will still be legal if you don't have a Certificate of Divorce. If you want to remarry, your divorce order is enough.

Some countries require a certificate as legal proof of divorce. In Canada, you can use either the certificate or your divorce order. A certificate shows proof of your divorce without revealing all the details in your order.

Final checklist

• Filed your agreement, if you needed to
• Completed and filed your Notice of Joint Family Claim and Registration of Divorce Proceedings
• Completed your affidavits and other forms required for your application
• Swore your affidavit(s) as evidence
• Prepared and filed your application for divorce

Copy and keep safe

• Your signed divorce order
• Your separation agreement or court orders
• Your Certificate of Divorce, if you order one

You've now gone through all the steps required to get an uncontested divorce in Supreme Court. Thank you for using our step-by-step guide.