What forms do I need to file for divorce in BC Supreme Court?

Common forms in a desk order divorce include the Notice of Family Claim (Form F3) or Notice of Joint Family Claim (Form F1), proof of service in sole cases (often Form F15), and the desk order package (often Forms F17, F38, and a draft Final Order, Form F52). The exact list can vary based on your situation and registry requirements.

How much does a divorce cost in BC Supreme Court?

Court fees vary depending on the route you take, but commonly include a fee to start the Supreme Court family case (often $200, or $30 in some situations), a divorce registration fee (often $10), and a fee to file the final desk order divorce application (often $80).

What forms do I need to file for divorce in BC Supreme Court?

Common forms in a desk order divorce include the Notice of Family Claim (Form F3) or Notice of Joint Family Claim (Form F1), proof of service in sole cases (often Form F15), and the desk order package (often Forms F17, F38, and a draft Final Order, Form F52). The exact list can vary based on your situation and registry requirements.

How much does a divorce cost in BC Supreme Court?

Court fees vary depending on the route you take, but commonly include a fee to start the Supreme Court family case (often $200, or $30 in some situations), a divorce registration fee (often $10), and a fee to file the final desk order divorce application (often $80).

Uncontested Divorce in BC: The Desk Order Divorce Guide (2026)

Q: What is an uncontested or simple divorce in British Columbia?

In British Columbia, an uncontested (simple) divorce usually means there are no disputes for a judge to decide at trial. The spouses agree on the divorce itself and have resolved key issues (like parenting, support, and property), so the court can grant a divorce order through a paperwork review process (often called a desk order divorce in Supreme Court).

Q: What is a Desk Order Divorce in BC?

A Desk Order Divorce is an uncontested process where a judge reviews your filed materials (including the Affidavit — Desk Order Divorce, Form F38) and signs the Final Order without a courtroom hearing in most cases.

Q: When does a BC divorce become final?

A divorce generally takes effect on the 31st day after the divorce judgment is granted (the appeal period). After that, you can request a Certificate of Divorce if needed.

Desk Order Divorce (Uncontested / Simple Divorce) in British Columbia: A Plain English Step-by-Step Guide

If you and your spouse agree the marriage is over and you want to avoid a long, expensive court fight, a BC Desk Order Divorce (also called an uncontested or undefended divorce) is usually the most straightforward option. Instead of going to a hearing, a judge typically reviews your paperwork and grants the divorce by desk order as long as your documents are complete and your child support arrangements (if you have children) are reasonable.

Most DIY couples in British Columbia want to file together to avoid the cost and awkwardness of serving papers. If you and your spouse are cooperative, the Notice of Joint Family Claim (Form F1) is often the cleanest path because it lets you start the case jointly and usually avoids the personal service step.

This guide explains, in plain English, how a Desk Order Divorce in British Columbia usually works: who qualifies, the key Supreme Court of British Columbia forms (like Form F1, Form F3, and Affidavit — Desk Order Divorce (Form F38)), typical timelines, and where a DIY self-help kit can fit in.

Important disclaimer: PlainDivorce.com is not a law firm. This article is general legal information, not legal advice. Court rules, forms, and fees can change. Always double check details with official BC court resources or a British Columbia family lawyer or legal clinic before acting.

1. What Is an Uncontested or Simple Divorce in British Columbia?
2. What Is a Desk Order Divorce in BC (and Why It Matters)?
3. Who Qualifies for a Desk Order Divorce in British Columbia?
4. Key Supreme Court Forms (F1, F3, F4, F15, F17, F37, F38, F52, F56)
5. Step-by-Step: How a BC Desk Order Divorce Works
6. Special Issues When You Have Children
7. How Long Does a Desk Order Divorce Take in BC?
8. Current Court Fees: What Does an Uncontested Divorce Cost in British Columbia?
9. When DIY Might Not Be Right
10. Where a Self-Help Divorce Kit Fits
11. Desk Order Divorce FAQ (BC)

1. What Is an Uncontested or Simple Divorce in British Columbia?

In British Columbia, divorce is governed by Canada’s federal Divorce Act, but the process is handled in the Supreme Court of British Columbia (not Provincial Court). Even if everything is amicable, you still need a judge to grant the divorce by signing a court order.

An uncontested (or “simple”) divorce in BC usually means:

One or both spouses start the case in the Supreme Court,
The other spouse does not oppose the divorce (no court fight), and
Parenting, support, and property and debt issues are already resolved by agreement or existing orders (so the court does not have to referee disputes).

When people say “simple divorce,” they usually mean they are mainly asking the court for the divorce order itself while everything else is already covered in a Separation Agreement (or other court orders).

2. What Is a Desk Order Divorce in BC (and Why It Matters)?

Desk Order Divorce is the BC term for an uncontested divorce that is decided on the paperwork (often without any hearing). In a Desk Order Divorce, the court registry and judge are looking for a complete, consistent, judge-ready package that proves you qualify and (if there are children) shows child support is properly addressed.

3. Who Qualifies for a Desk Order Divorce in British Columbia?

Residency requirement (BC)

To file for divorce in British Columbia, you or your spouse must have lived in BC for at least 12 months immediately before starting the court case.

Grounds for divorce (Canada)

Canada has one core ground for divorce: breakdown of the marriage. Most uncontested BC divorces rely on one-year separation because it’s the simplest and most common no-fault route. You can often start the court process before the year is up, but the judge won’t grant the divorce until the one-year separation requirement is met (unless you rely on adultery or cruelty, which can be more complex to prove).

When a Desk Order Divorce is usually a good fit

You both agree the marriage is over.
You meet the 12-month BC residency requirement.
You will have at least one year of separation by the time the court grants the divorce.
You have a workable parenting plan (if you have children).
You have reasonable child support arrangements (if applicable).
Property and debt issues are not being actively fought in court (often handled by a Separation Agreement).

A Desk Order Divorce may not be a safe DIY project if there is family violence, intimidation, major power imbalance, hidden assets, or truly complex finances. You may still end up with an uncontested divorce, but it is often worth getting legal advice before you file.

4. Key Supreme Court Forms (F1, F3, F4, F15, F17, F37, F38, F52, F56)

Generic guides often say “file the petition.” In BC, the Supreme Court forms have specific letter-number codes. Using the correct form number is the difference between acceptance and rejection.

Notice of Joint Family Claim (Form F1): Used when spouses start the case together.
Notice of Family Claim (Form F3): Used when one spouse starts the case (sole filing).
Response to Family Claim (Form F4): Filed if the other spouse contests or responds in a sole case.
Affidavit of Personal Service (Form F15): Often used in sole cases to prove the spouse was personally served.
Requisition for Desk Order (Form F17): The request that moves your file to the judge for desk-order review.
Child Support Affidavit (Form F37): Commonly required if you have children and child support is an issue.
Affidavit — Desk Order Divorce (Form F38): Main sworn evidence for the desk order divorce.
Final Order (Form F52): The draft order the judge signs to grant the divorce.
Certificate of Divorce (Form F56): The certificate you can request after the divorce takes effect (often needed to remarry).

Note: Form versions and registry practices can change. Always use the most current forms and instructions for the Supreme Court of British Columbia.

Download Our British Columbia Uncontested Divorce (Dissolution) Self-Help Kit

5. Step-by-Step: How a BC Desk Order Divorce Works

Below is a high-level overview of the usual flow. Your exact steps depend on whether your divorce is joint (you file together) or sole (one spouse starts), and whether children are involved.

Step 1 – Confirm eligibility and choose the cleanest path (joint vs. sole)

Confirm the 12-month BC residency rule.
Confirm your divorce basis (commonly: one-year separation).
If you are amicable and both willing to sign, choose the joint filing route to reduce service-related stress and costs.

Practical reality: Joint filing is often the smoothest route because it usually avoids personal service. Sole filing is common when one spouse is not willing to sign joint paperwork but also will not fight the divorce.

Step 2 – Finalize your agreement on children, support, and property (before the desk order stage)

For an uncontested outcome, you typically want a written Separation Agreement (or existing court orders) that clearly addresses parenting, child support, spousal support (if any), and property and debt division.

Step 3 – Start the case (Form F1 for joint, or Form F3 for sole)

Joint filing: File a Notice of Joint Family Claim (Form F1) together.
Sole filing: File a Notice of Family Claim (Form F3) if one spouse is starting the case alone.

In both pathways, you will file in the Supreme Court of British Columbia and include required supporting items (commonly including an official marriage certificate, depending on current registry instructions).

Step 4 – Serve your spouse (sole cases) and wait out the response period

If you started a sole claim, you generally must serve your spouse with the filed paperwork. If your spouse files a Response to Family Claim (Form F4), the case may become contested. If they do not respond within the required timeframe, you can usually move forward as undefended toward a Desk Order Divorce.

In a sole case, you will also typically need to prove service using the Affidavit of Personal Service (Form F15) (or other proof of service accepted by the registry for your situation).

Step 5 – Build your Desk Order package (the paperwork stage)

This is where BC form accuracy matters most. Your Desk Order Divorce package often includes:

Affidavit — Desk Order Divorce (Form F38) (your sworn evidence)
Requisition for Desk Order (Form F17)
Final Order (Form F52) (the draft order for the judge to sign)
Child Support Affidavit (Form F37) (if children are involved)
Proof of service documents (sole cases), including Form F15 where required

Registry staff may review your package first. If anything is missing or inconsistent (wrong dates, missing signatures, unclear child support proof), the package can be returned for correction. This is one of the most common DIY delays in BC.

Step 6 – The judge signs the Final Order (Form F52)

If the judge is satisfied you meet the legal requirements (residency, marriage breakdown) and that children are properly supported (if applicable), they sign the Final Order (Form F52) granting the divorce.

Step 7 – The 31-day rule: when the divorce becomes effective

In BC, the divorce is not effective immediately on signing. The divorce becomes effective on the 31st day after the date the order is signed (the appeal period). In plain terms: once the judge signs your order, you still need to wait 31 days before you are legally divorced and free to remarry.

After the 31 days, you can request a Certificate of Divorce (Form F56) from the Supreme Court registry if you need official proof for remarriage or administrative purposes.

6. Special Issues When You Have Children

If you have children, the court pays special attention to whether reasonable child support is in place. Even in a friendly case, the judge must be satisfied that children are protected.

Explain your parenting arrangements clearly (where the children live and when they see each parent).
Child support proof matters: be prepared to show guideline calculations and income information that supports the amount.
Forms matter: in many cases, Form F37 (Child Support Affidavit) is used to explain child support details.
Local practice varies: some registries have very specific checklists for children and support. Always follow the current local registry instructions for your location.

If child support is unclear or looks unfair without clear proof and explanation, the court can refuse to grant the divorce until the issue is corrected or properly addressed.

7. How Long Does a Desk Order Divorce Take in BC?

Every registry is different, but most timelines include these building blocks:

Separation requirement: many people rely on one-year separation (you can sometimes start paperwork earlier, but the order typically won’t be granted until the year is met).
Response and service window (sole cases): time to serve and wait for the response period to expire.
Desk order review time: often weeks to a few months depending on registry workload and whether corrections are needed.
31-day appeal period: the divorce is effective on the 31st day after the order is signed.

8. Current Court Fees: What Does an Uncontested Divorce Cost in British Columbia?

BC Supreme Court fees are set by the court’s fee schedule and can change. Below are the current common Supreme Court fees that apply to many desk order divorce files. Always verify your exact total with your registry, especially if you are filing electronically or requesting additional copies or certificates.

Step	Item	Current Court Fee
1. Starting the case	Commencing a family law case (commonly your F1 or F3 filing)	$200 (plus, in some divorce files, an additional federal divorce registration component may be collected by the registry)
2. Applying for desk order	Requisition for a desk order (commonly filed as Form F17)	$80
3. Swearing affidavits	Taking or swearing an affidavit at the registry	$40 per affidavit (other commissioners/notaries may charge different amounts)
4. Certificate after divorce is effective	Certificate of Divorce (Form F56) after the 31-day period	$40 (commonly treated as a certificate fee)

Note: If you qualify for a fee waiver (indigent status), you may be able to reduce or avoid some fees. Check current registry instructions.

Beyond court fees, the next biggest cost difference between joint and sole cases is often service. If you file jointly (Form F1), you usually avoid paying a process server and avoid the awkwardness of serving your spouse.

9. When DIY Might Not Be Right

A Desk Order Divorce is best for cooperative cases. Consider legal advice if there is family violence, intimidation, serious power imbalance, suspected hidden assets, complex property, serious parenting disputes, or major immigration or cross-border consequences.

10. Where a Self-Help Divorce Kit Fits

If your case is truly uncontested and you’re comfortable managing paperwork, a self-help kit can make the process easier by providing:

a plain English roadmap of the BC Desk Order Divorce process
checklists to reduce common registry rejection mistakes
organization tools so you don’t miss steps (start case → desk order package → order → day 31)
guidance on where the key forms fit (F1/F3, F4, F15, F17, F37, F38, F52, F56) without replacing official court instructions

Download Our British Columbia Uncontested Divorce Self-Help Kit

PlainDivorce is not a law firm, and a kit isn’t legal advice. It’s a practical DIY organization tool designed for straightforward, cooperative cases.

11. Desk Order Divorce FAQ (BC)

What is an uncontested or simple divorce in British Columbia?

It’s a divorce where the divorce itself isn’t opposed and the court does not need to resolve a dispute about parenting, support, or property. In BC, many uncontested cases are completed as a Desk Order Divorce, meaning the judge reviews the documents and signs the order without a hearing (if the paperwork is complete).

What court handles divorce in British Columbia?

Divorce is handled in the Supreme Court of British Columbia. Provincial Court can deal with many family issues, but divorce orders are granted by Supreme Court.

What is Form F1 in a BC divorce?

Notice of Joint Family Claim (Form F1) is used when spouses file together. For amicable couples, it is often the preferred pathway because it usually avoids the personal service step.

What is Form F3 in a BC divorce?

Notice of Family Claim (Form F3) is the main form used to start a divorce claim in the Supreme Court when one spouse files alone.

What is the Affidavit — Desk Order Divorce (Form F38)?

Form F38 is the sworn affidavit used to provide the evidence the judge needs for a Desk Order Divorce, including details about the marriage, separation, and (if applicable) children and support.

When does a BC divorce become final?

In BC, the divorce becomes effective on the 31st day after the order is signed (the appeal period). After that, you are legally divorced and can request a Certificate of Divorce (Form F56) if you need proof.

Guide to Uncontested Divorce in British Columbia