Uncontested Divorce (3:V) - Revision history

LSLAP at 16:48, 10 November 2025

2025-11-10T16:48:19Z

← Older revision		Revision as of 16:48, 10 November 2025
Line 1:		Line 1:
	{{REVIEWED LSLAP \| date= ~~June 23~~, ~~2024~~}}		{{REVIEWED LSLAP \| date= November 8, 2025}}
	{{LSLAP Manual TOC\|expanded = family}}		{{LSLAP Manual TOC\|expanded = family}}

LSLAP at 16:27, 10 November 2025

2025-11-10T16:27:59Z

← Older revision		Revision as of 16:27, 10 November 2025
Line 68:		Line 68:
	=== 2. Schedule 2: Children ===		=== 2. Schedule 2: Children ===

	Place a check for each applicable box and fill in the form accordingly. Under the ''DA'' and the ''FLA'' s. 146, children who are over the age of majority but whose illness leaves them unable to leave the care of a parent or whose attendance of a post-secondary institution leaves them financially dependent on their parent may be considered a dependent child. '''Which Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, seek legal advice from a lawyer'''.		Place a check for each applicable box and fill in the form accordingly. Under the ''DA'' and the ''FLA'' s 146, children who are over the age of majority but whose illness leaves them unable to leave the care of a parent or whose attendance of a post-secondary institution leaves them financially dependent on their parent may be considered a dependent child. '''Which Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, seek legal advice from a lawyer'''.

	=== 3. Schedule 3: Spousal Support ===		=== 3. Schedule 3: Spousal Support ===

LSLAP: /* J. Approximate Length of Time for Divorces */

2025-11-09T22:46:10Z

J. Approximate Length of Time for Divorces

← Older revision		Revision as of 22:46, 9 November 2025
Line 111:		Line 111:
	== J. Approximate Length of Time for Divorces ==		== J. Approximate Length of Time for Divorces ==

	Simple divorces, with or without children, take approximately three to four months to complete, or one to two months in the case of joint applications. Substitute service divorces take longer, an additional one or two months depending on the terms of the order for substitute service. Please note that these time estimates do not account for delay caused if the Court rejects some portion of the material filed and it needs to be redone.		Simple divorces, with or without children, take approximately three to four months to complete, or one to two months in the case of joint applications. Substitute service divorces take longer, an additional one or two months depending on the terms of the order for substitute service. Please note that these time estimates do not account for delay caused if the Court rejects some portion of the material filed and it needs to be redone.


	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}

LSLAP: /* I. Costs */

2025-11-09T22:45:47Z

I. Costs

← Older revision		Revision as of 22:45, 9 November 2025
Line 101:		Line 101:

	*Ordering a marriage certificate or registration of marriage: $27 for couples married in BC. It can be ordered by mail or in person. Refer to https://ecos.vs.gov.bc.ca/ for more information.		*Ordering a marriage certificate or registration of marriage: $27 for couples married in BC. It can be ordered by mail or in person. Refer to https://ecos.vs.gov.bc.ca/ for more information.
	*Court fee to file the Notice of Family Claim for divorce: $210 ($200 for filing the Notice of Family Claim and $10 for filing the registration of divorce).		*Court fee to file the Notice of Family Claim for divorce: $210 ($200 for filing the Notice of Family Claim and $10 for filing the registration of divorce)
	*Fee for Serving the Notice of Family Claim on the respondent: varies depending upon where the respondent lives. The average fee is $100. Process Server Fees for the Lower Mainland can run from $69 plus $20 for an affidavit, or $70 to $100 all inclusive. For other parts of BC or Canada, it can cost $200 or more for all attempts.		*Fee for Serving the Notice of Family Claim on the respondent: varies depending upon where the respondent lives. The average fee is $100. Process Server Fees for the Lower Mainland can run from $69 plus $20 for an affidavit, or $70 to $100 all inclusive. For other parts of BC or Canada, it can cost $200 or more for all attempts.
	*Notarization: between $25 and $50, if the affidavit is already completed.		*Notarization: between $25 and $50, if the affidavit is already completed.
	*Final application fee: $80 (for requisition for the Desk Order Divorce).		*Final application fee: $80 (for requisition for the Desk Order Divorce).
	*Fee to apply for a certificate of divorce: $40. (Note that there is no requirement to apply for a certificate of divorce. Once the Order for divorce has been made and is effective, the parties are divorced.)		*Fee to apply for a certificate of divorce: $40. (Note that there is no requirement to apply for a certificate of divorce. Once the Order for divorce has been made and is effective, the parties are divorced.)

	:'''NOTE:''' There is no fee to file a separation agreement in Provincial Court. There is a fee of $90 to file a separation agreement in the Supreme Court.		'''NOTE''': There is no fee to file a separation agreement in Provincial Court. There is a fee of $90 to file a separation agreement in the Supreme Court.

	== J. Approximate Length of Time for Divorces ==		== J. Approximate Length of Time for Divorces ==

LSLAP: /* H. Service */

2025-11-09T22:44:14Z

H. Service

← Older revision		Revision as of 22:44, 9 November 2025
Line 90:		Line 90:
	Personal service is only required if the client is making a sole application.		Personal service is only required if the client is making a sole application.

	Claimants '''must''' have a third party, over the age of 18, serve their Notice of Family Claim. Clients who choose to use a professional service should provide the server with a photograph of the spouse. The server should be told to take down the spouse’s driver’s licence number. Taking these steps will ensure that the Court does not question the validity of the service.		Claimants '''must''' have a third party, over the age of 18, serve their Notice of Family Claim. Clients who choose to use a professional service should provide the server with a photograph of the spouse. The server should be told to take down the spouse’s driver’s licence number. Taking these steps will ensure that the Court does not question the validity of the service.

			If the respondent’s address is not known, the claimant should write letters to friends and family members to try to locate him or her. The client might also want to consider hiring the services of a skip tracing agency. This takes extra time but will avoid the additional costs associated with a substitute service application.

	:'''NOTE:''' If the process server serves the Notice of Family Claim based on a photograph and does not, or is not able to obtain the spouses’ driver’s license number, the client must swear an additional affidavit confirming the identity of their spouse in the photograph used.		In a substitute service application, the claimant must make an extra application to obtain permission to serve the respondent in a way other than that normally required by the ''Supreme Court Family Rules''. Options include posting a copy of the substitution service order and the pleadings in the Court Registry, mailing them to the respondent’s last known address by registered mail, serving an adult in the house where the respondent is believed to reside, or serving the respondent through e-mail, Facebook, or other online methods.

	If the respondent’s address is not known, the claimant should write letters to friends and family members to try to locate him or her. The client might also want to consider hiring the services of a skip tracing agency. This takes extra time, but will avoid the additional costs associated with a substitute service application.

	In a substitute service application, the claimant must make an extra application to obtain permission to serve the respondent in a way other than that normally required by the ''Supreme Court Family Rules''. The client may also incur the cost of publishing notices in a local newspaper and/or the [http://www2.gov.bc.ca/gov/content/governments/services-for-government/bc-bid-resources/goods-and-services-catalogue/bc-gazette Gazette], which could cost anywhere between approximately $111 and $315, depending on the order given. Other options include posting a copy of the substitution service order and the pleadings in the Court Registry, mailing them to the respondent’s last known address by registered mail, or serving an adult in the house where the respondent is believed to reside, or serving the respondent through e-mail, Facebook, or other online methods.

	== I. Costs ==		== I. Costs ==

LSLAP: /* F. Notice of Family Claim */

2025-11-09T22:42:26Z

F. Notice of Family Claim

← Older revision		Revision as of 22:42, 9 November 2025
Line 64:		Line 64:
	=== 1. Schedule 1: Divorce ===		=== 1. Schedule 1: Divorce ===

	Place a check for each applicable box and fill in the form accordingly. Addresses must be accurate. Do not use post office boxes. A government-issued certificate of marriage or certificate of registration of marriage must be filed where the party intends to seek ~~an uncontested~~ divorce.		Place a check for each applicable box and fill in the form accordingly. Addresses must be accurate. Do not use post office boxes. A government-issued certificate of marriage or certificate of registration of marriage must be filed where the party intends to seek a divorce.

	=== 2. Schedule 2: Children ===		=== 2. Schedule 2: Children ===

	Place a check for each applicable box and fill in the form accordingly. Under the ''DA'' and the ''FLA'' s 146, children who are over the age of majority but whose illness leaves them unable to leave the care of a parent or whose attendance of a post-secondary institution leaves them financially dependent on their parent may be considered a dependent child. '''~~With the ''FLA'' now enacted, which~~ Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, seek legal advice from a lawyer.'''		Place a check for each applicable box and fill in the form accordingly. Under the ''DA'' and the ''FLA'' s. 146, children who are over the age of majority but whose illness leaves them unable to leave the care of a parent or whose attendance of a post-secondary institution leaves them financially dependent on their parent may be considered a dependent child. '''Which Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, seek legal advice from a lawyer'''.

	=== 3. Schedule 3: Spousal Support ===		=== 3. Schedule 3: Spousal Support ===

	Place a check for each applicable box and fill in the form accordingly. A lawyer should be consulted for advice on entitlement to spousal support. '''~~With the ''FLA'' now enacted, which~~ Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, seek legal advice from a lawyer. The test for awarding spousal support is the same, however, there are different limitation dates for the two.'''		Place a check for each applicable box and fill in the form accordingly. A lawyer should be consulted for advice on entitlement to spousal support. '''Which Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, seek legal advice from a lawyer. The test for awarding spousal support is the same, however, there are different limitation dates for the two.'''

	=== 4. Schedule 4: Property ===		=== 4. Schedule 4: Property ===

	Place a ~~check mark~~ for each applicable box and fill in the form accordingly. If one of the parties wishes to obtain unequal division of family property and family debt, details and reasons should be set forth here. '''Only a lawyer should deal with property issues.'''		Place a checkmark for each applicable box and fill in the form accordingly. If one of the parties wishes to obtain unequal division of family property and family debt, details and reasons should be set forth here. '''Only a lawyer should deal with property issues'''.

	=== 5. Other Orders ===		=== 5. Other Orders ===

	Place a ~~check mark~~ for each applicable box and fill in the form accordingly. If the claimant is seeking a name change, they should indicate the full current and new names here.		Place a checkmark for each applicable box and fill in the form accordingly. If the claimant is seeking a name change, they should indicate the full current and new names here.

	== G. Child Support Affidavits ==		== G. Child Support Affidavits ==

LSLAP: /* F. Notice of Family Claim */

2025-11-09T22:39:55Z

F. Notice of Family Claim

← Older revision		Revision as of 22:39, 9 November 2025
Line 50:		Line 50:
	== F. Notice of Family Claim ==		== F. Notice of Family Claim ==

	The Notice of Family Claim will include general information about the parties, the spousal relationship history, prior court proceedings and agreements, as well as what is being sought by the claimant. The appropriate schedules should be completed and attached to the Notice of Family Claim.		The Notice of Family Claim will include general information about the parties, the spousal relationship history, prior court proceedings and agreements, as well as what is being sought by the claimant. The appropriate schedules should be completed and attached to the Notice of Family Claim.

	Follow the directions outlined on the forms carefully.		Follow the directions outlined on the forms carefully.
Line 56:		Line 56:
	Under Part 2 of the Notice of Family Claim, when the parties began living in a marriage-like relationship is usually (though not always) when the parties first began cohabiting. Conversely, the date of separation is the date the parties stopped living in a marriage-like relationship, even though they may have continued to live together under the same roof. If the breakdown of the marriage is due to separation, the date of commencement of the separation should be noted.		Under Part 2 of the Notice of Family Claim, when the parties began living in a marriage-like relationship is usually (though not always) when the parties first began cohabiting. Conversely, the date of separation is the date the parties stopped living in a marriage-like relationship, even though they may have continued to live together under the same roof. If the breakdown of the marriage is due to separation, the date of commencement of the separation should be noted.

	Under Part 3 of the Notice of Family Claim, any separation agreement or financial agreements determining any matters related to the dissolution of the marriage, any orders from the Courts, and/or other proceedings in the Courts should be noted. Details such as the date of the agreement, the matters resolved, and whether or not the agreements are still in effect should be set out, but the more specific details of the agreements do not need to be set out.		Under Part 3 of the Notice of Family Claim, any separation agreement or financial agreements determining any matters related to the dissolution of the marriage, any orders from the Courts, and/or other proceedings in the Courts should be noted. Details such as the date of the agreement, the matters resolved, and whether or not the agreements are still in effect should be set out, but the more specific details of the agreements do not need to be set out.

	If the claimant is only seeking a divorce and has settled all other corollary matters without the need for court orders, they need only fill out the Notice of Family Claim, Schedule 1 – Divorce, and, if applicable, Schedule 5 - Other Orders if they want an order changing their name under the ~~[http://canlii.ca/t/8481~~ ''Name Act''].		If the claimant is only seeking a divorce and has settled all other corollary matters without the need for court orders, they need only fill out the Notice of Family Claim, Schedule 1 – Divorce, and, if applicable, Schedule 5 – Other Orders if they want an order changing their name under the ''Name Act''.

	The forms must include an address for service~~. This address must be within 30 km from the courthouse~~. It ~~can~~ include a fax number and/or an email address. The address must be kept up to date with the Court and opposing party.		The forms must include an address for service. It should include a fax number and/or an email address. The address must be kept up to date with the Court and opposing party.

	=== 1. Schedule 1: Divorce ===		=== 1. Schedule 1: Divorce ===

LSLAP: /* C. Filling Out the Notice of Family Claim */

2025-11-09T22:39:07Z

C. Filling Out the Notice of Family Claim

← Older revision		Revision as of 22:39, 9 November 2025
Line 38:		Line 38:
	Do not use abbreviations, even common abbreviations such as “n/a”, “a.k.a.”, and “BC”. Answer every paragraph in full.		Do not use abbreviations, even common abbreviations such as “n/a”, “a.k.a.”, and “BC”. Answer every paragraph in full.

	If at any time, one party is aware of errors in the supporting documents (such as the certified copy of registration of marriage), the pleadings must be amended to show the true facts as that party knows them. This is because the party requesting the divorce must swear an affidavit as to the correctness of the documents and the statements contained therein.		If at any time, one party is aware of errors in the supporting documents (such as the certified copy of registration of marriage), the pleadings must be amended to show the true facts as that party knows them. This is because the party requesting the divorce must swear an affidavit as to the correctness of the documents and the statements contained therein.

	== D. Style of Proceedings ==		== D. Style of Proceedings ==

LSLAP: /* B. Joint or Sole Application */

2025-11-09T22:37:08Z

B. Joint or Sole Application

← Older revision		Revision as of 22:37, 9 November 2025
Line 24:		Line 24:
	== B. Joint or Sole Application ==		== B. Joint or Sole Application ==

	For joint applications, in addition to the original Notice of Joint Family Claim, two additional copies will be required—the original is filed at the registry and the two copies as personal records. See Section H: Service, below, regarding sole applications.		For joint applications, in addition to the original Notice of Joint Family Claim, two additional copies will be required—the original is filed at the registry and the two copies as personal records. See '''[[Uncontested Divorce (3:V)#H. Service\|Section H: Service]]''', below, regarding sole applications.

	A joint application is quicker, less expensive, and less complicated than a sole application because a Notice of Joint Family Claim need not be served (''Supreme Court Family Rules'', r. 2-2). However, if lawyers or a mediator is preparing the joint claim, the lawyer needs to advise each of the clients that:		A joint application is quicker, less expensive, and less complicated than a sole application because a Notice of Joint Family Claim need not be served (''Supreme Court Family Rules'', r. 2-2). However, if lawyers or a mediator is preparing the joint claim, the lawyer needs to advise each of the clients that:

LSLAP: /* B. Joint or Sole Application */

2025-11-09T22:34:34Z

B. Joint or Sole Application

← Older revision		Revision as of 22:34, 9 November 2025
Line 24:		Line 24:
	== B. Joint or Sole Application ==		== B. Joint or Sole Application ==

	For joint applications, in addition to the original Notice of Joint Family Claim, two additional copies will be required—the original is filed at the registry and the two copies as personal records. See Section H: Service, below, regarding sole applications.		For joint applications, in addition to the original Notice of Joint Family Claim, two additional copies will be required—the original is filed at the registry and the two copies as personal records. See Section H: Service, below, regarding sole applications.

	A joint application is quicker, less expensive, and less complicated than a sole application because a Notice of Joint Family Claim need not be served (Supreme Court Family Rules, r. 2-2). However, if lawyers or a mediator is preparing the joint claim, the lawyer needs to advise each of the clients that:		A joint application is quicker, less expensive, and less complicated than a sole application because a Notice of Joint Family Claim need not be served (''Supreme Court Family Rules'', r. 2-2). However, if lawyers or a mediator is preparing the joint claim, the lawyer needs to advise each of the clients that:
	*The lawyer is acting for both parties;		*The lawyer is acting for both parties;
	*No information received in connection with the matter from one client can be treated as confidential from the other client;		*No information received in connection with the matter from one client can be treated as confidential from the other client;
	*If a conflict develops that cannot be resolved, the lawyer cannot continue to act for both of them and may have to withdraw completely; and		*If a conflict develops that cannot be resolved, the lawyer cannot continue to act for both of them and may have to withdraw completely; and
	*Both parties will need to seek out independent legal advice.		*Both parties will need to seek out independent legal advice.

	== C. Filling Out the Notice of Family Claim ==		== C. Filling Out the Notice of Family Claim ==