Difference between revisions of "Divorce (3:IV)"

The Supreme Court of British Columbia has jurisdiction over both the ''DA'' and the ''FLA''. Because all divorce claims must be heard under the ''DA'', the Supreme Court has exclusive jurisdiction over divorce claims. The Supreme Court has concurrent jurisdiction with Provincial Court  over guardianship, parenting arrangements and support for children (including common law couples) while division of property is under  exclusive jurisdiction of the Supreme Court. If a Supreme Court order for custody, access, or support is made under the ''DA'', that order  supersedes any existing ''FLA'' order. However, given the new ''FLA'' and change of terms under the provincial legislation (custody, guardianship and access to guardianship, parenting arrangements and contract), there is likely to be litigation about which act applies and when.  

An uncontested divorce does not require a personal appearance in Supreme Court. Evidence can be submitted by affidavit with the application  for the Divorce Order, called a “Desk Order Divorce”. In fact, parties are required to submit applications for Divorce by way of a “Desk Order” unless there is a reason to bring it on by way of application in Chambers.