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Difference between revisions of "Uncontested Divorce (3:V)"
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== A. Required Documents == | == A. Required Documents == | ||
If the | If the spouse is trying to do the divorce on his or her own, the following information details the basic documents that he or she will need. A person handling his or her own divorce is advised to get a copy of the documents and instructions from Self-Counsel Press. | ||
=== 1. Marriage Certificate === | === 1. Marriage Certificate === | ||
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If the marriage certificate is in a language other than English, an official certified translation must be provided. Clients who require translation can be referred to Mosaic Translations, which can be reached at (604) 254-0469, or to the Society of Translators and Interpreters of BC, at (604) 684-2940. Marriage certificates in French must also be translated. | If the marriage certificate is in a language other than English, an official certified translation must be provided. Clients who require translation can be referred to Mosaic Translations, which can be reached at (604) 254-0469, or to the Society of Translators and Interpreters of BC, at (604) 684-2940. Marriage certificates in French must also be translated. | ||
Clients who were married in Canada can request a copy of their marriage certificate for about $ | Clients who were married in Canada can request a copy of their marriage certificate for about $27 (in BC) from the Department of Vital Statistics. | ||
=== 2. Photograph of the Spouse === | === 2. Photograph of the Spouse === | ||
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If the client or spouse had previously started a divorce action, he or she must provide a filed copy of the Notice of Discontinuance that authorized discontinuance of that action. | If the client or spouse had previously started a divorce action, he or she must provide a filed copy of the Notice of Discontinuance that authorized discontinuance of that action. | ||
If a separation agreement is the only document signed between the parties that involves guardianship, parenting arrangements, consent and support of the children (i.e. if there are no court orders), the agreement maybe filed in either the Provincial or the Supreme Court and enforced as a court order | If a separation agreement is the only document signed between the parties that involves guardianship, parenting arrangements, consent and support of the children (i.e. if there are no court orders), the agreement maybe filed in either the Provincial or the Supreme Court and enforced as a court order. Section 44 of the ''FLA'' allows for written agreements respecting parenting arrangements, while section 148 allows for written agreements respecting child support and section 163 allows for written agreements respecting spousal support. The separation agreement does not need to be filed in Court to obtain a divorce order. However, if there are children of the marriage, the agreement should be attached to the affidavit regarding child support as evidence of the parties’ agreement. | ||
== B. Joint or Sole Application == | == B. Joint or Sole Application == | ||
