No Fault Divorce Part II: Desk Order Divorce in B.C.

Photo by Wolfgang Zenz

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If the spouses are able to communicate in a civil manner and to negotiate a settlement for even some (if not all) of their issues, they have access to what we often refer to as a “Desk Order Divorce”. This is usually a joint application for divorce made by the parties.

This process involves filling out the required paperwork and swearing supporting affidavits then filing the material at the nearest Supreme Court Registry. For divorcing couples with children, the court must be satisfied with the arrangements that the parties have made for the support of their children, otherwise the divorce order will not be made until the court is provided with additional and sufficient evidence to achieve the “satisfaction” requirement. If the court is satisfied and the parties have met the other requirements for a divorce in B.C., i.e. lived separate and apart for at least one year, one party has been ordinarily resident in BC for at least one year, and they can swear that there has been no collusion, no connivance, no condonation, and no prospect of reconciliation, the divorce order will likely be granted.

A joint application is obviously the simplest and least expensive route to a divorce order but it is not always available. If one spouse refuses to participate or is holding the divorce over the other spouse’s head to bargain for support or a greater share of the family assets (to name just two instances when I have seen this happen), the process will take longer and the parties will likely require some assistance from a divorce or family law lawyer.

The desk order procedure has improved what was once a cumbersome process so that people who no longer should be tied together by marriage, can go their separate ways and move on with their lives whenever possible and without the high cost in time, money and energy that a court battle will require. Most marriage breakdowns are very painful for those involved but at least with the no fault approach to divorce, the process itself can be relatively pain-free in both emotional and economic terms.

If you have questions about your situation, your rights and obligations or the separation and divorce process, please give us a call or drop us an email.

Legal Disclaimer: The general information provided in this blog does not constitute legal advice to you and is provided strictly for informational purposes only on an “as is” basis. Legal advice pertaining to your particular situation can only be provided to you if we have met with you personally to obtain all pertinent background information necessary to give you a formal legal opinion. If you wish to have formal legal advice about your matter, please make an appointment with us for a consultation. No lawyer-client relationship is created by your use of our blog or our website.

Although Railtown Law intends the contents of its blog and website to be accurate, complete and current, and does it best to ensure that it is, Railtown Law does not promise or guarantee that it is. Railtown Law is not responsible and will not be liable for any errors, omissions or delays in this information or any losses, injuries or damages arising from its display, use or any links provided. Railtown Law welcomes feedback from its readers noting any errors or omissions in the information provided in its blog or on its website.


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