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Difference between revisions of "Divorce and the Law on Getting Divorced"
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Divorce and the Law on Getting Divorced (view source)
Revision as of 22:32, 17 June 2019
, 22:32, 17 June 2019→The joint divorce application
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*The parties are known as claimant 1 and claimant 2. | *The parties are known as claimant 1 and claimant 2. | ||
*A special form, Notice of Family Claim is required. | *A special form, called the [[Form F1 Notice of Joint Family Claim | ||
*Both parties sign the Notice of Family Claim. | | Notice of Joint Family Claim]], is required. | ||
*The Notice of Family Claim does not need to be served on anyone, and there is no waiting period that must pass before the application for the divorce order can be made. | *Both parties sign the Notice of Joint Family Claim. | ||
*The Notice of Joint Family Claim does not need to be served on anyone, and there is no waiting period that must pass before the application for the divorce order can be made. | |||
*Both parties must swear an affidavit in support of the application for the divorce order. | *Both parties must swear an affidavit in support of the application for the divorce order. | ||
*All of the documents can be filed at once, although at least one of the affidavits in support of the application must be sworn after everything else is filed, even if only by a few minutes. | *All of the documents can be filed at once, although at least one of the affidavits in support of the application must be sworn after everything else is filed, even if only by a few minutes. | ||
If either party withdraws from the joint application process before the divorce order is made, there's a problem. Read the discussion in "What happens if a response or counterclaim are filed?" at the end of this section. | If either party withdraws from the joint application process before the divorce order is made, there's a problem. Read the discussion in "What happens if a response or counterclaim are filed?" at the end of this section. | ||
Note that relatively recently the Ministry of Justice introduced an [https://justice.gov.bc.ca/divorce online application] to help those without children apply for joint divorce. | |||
These <span class="noglossary">instructions</span> are for the joint divorce application process: | These <span class="noglossary">instructions</span> are for the joint divorce application process: | ||
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'''Step One''' | '''Step One''' | ||
<blockquote>Prepare a joint Notice of Family Claim. Prepare and execute one Divorce Affidavit in support of the application; prepare your blank Registrar's Certificate; prepare and complete your Requisition to apply for the divorce order; and, prepare your draft order. Make two copies of everything. Prepare but do not execute the other Divorce Affidavit.</blockquote> | <blockquote>Prepare a joint Notice of Joint Family Claim. Prepare and execute one Divorce Affidavit in support of the application; prepare your blank Registrar's Certificate; prepare and complete your Requisition to apply for the divorce order; and, prepare your draft order. Make two copies of everything. Prepare but do not execute the other Divorce Affidavit.</blockquote> | ||
'''Step Two''' | '''Step Two''' | ||
<blockquote>Go to your local registry of the British Columbia Supreme Court. Bring all the documents listed in Step One and the original of your government-issued Marriage Certificate. Fill out the Registration of Divorce Proceeding form, which will be available at the family and divorce counter. File all of these materials (except the unexecuted affidavit) and pay the $290 court fee. The court will stamp the action number and the court seal on all copies of your joint Notice of Family Claim, keep the original, and give you back the two duplicates. Your Marriage Certificate will go into the court file.</blockquote> | <blockquote>Go to your local registry of the British Columbia Supreme Court. Bring all the documents listed in Step One and the original of your government-issued Marriage Certificate. Fill out the Registration of Divorce Proceeding form, which will be available at the family and divorce counter. File all of these materials (except the unexecuted affidavit) and pay the $290 court fee. The court will stamp the action number and the court seal on all copies of your joint Notice of Joint Family Claim, keep the original, and give you back the two duplicates. Your Marriage Certificate will go into the court file.</blockquote> | ||
'''Step Three''' | '''Step Three''' | ||
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<blockquote>Prepare your Certificate of Divorce and file it in the court registry, together with a Requisition asking the registry to complete the Certificate. Pay the $40 court fee, and grab a chair. The registry will normally complete your Certificate of Divorce while you wait.</blockquote> | <blockquote>Prepare your Certificate of Divorce and file it in the court registry, together with a Requisition asking the registry to complete the Certificate. Pay the $40 court fee, and grab a chair. The registry will normally complete your Certificate of Divorce while you wait.</blockquote> | ||
With the exception of the special form, Notice of Family Claim, all of the forms used in the joint process are the same as the sole process, except that the parties aren't called claimant and respondent, they're called claimant 1 and claimant 2. | With the exception of the special form, Notice of Joint Family Claim, all of the forms used in the joint process are the same as the sole process, except that the parties aren't called claimant and respondent, they're called claimant 1 and claimant 2. | ||
===Free services=== | ===Free services=== | ||
