{% check_list source=responses.form35_dummy_requisition value='option1' as dummy_option %}
<pclass="schIndent1">
<iclass="fa {% if dummy_option %} fa-check-square-o {% else %} fa-square-o {% endif %}"aria-hidden="true"></i> draft of the order sought;
<iclass="fa fa-square-o"aria-hidden="true"></i> draft of the order sought;
</p>
{% check_list source=responses.form35_dummy_requisition value='option2' as dummy_option %}
<pclass="schIndent1">
<iclass="fa {% if dummy_option %} fa-check-square-o {% else %} fa-square-o {% endif %}"aria-hidden="true"></i> proof that the case is an undefended family law case;
<iclass="fa fa-square-o"aria-hidden="true"></i> proof that the case is an undefended family law case;
</p>
{% check_list source=responses.form35_dummy_requisition value='option3' as dummy_option %}
<pclass="schIndent1">
<iclass="fa {% if dummy_option %} fa-check-square-o {% else %} fa-square-o {% endif %}"aria-hidden="true"></i> certificate of the registrar in Form F36;
<iclass="fa fa-square-o"aria-hidden="true"></i> certificate of the registrar in Form F36;
</p>
{% check_list source=responses.form35_dummy_requisition value='option4' as dummy_option %}
{% check_list source=responses.form35_dummy_additional value='option1' as dummy_option %}
<pclass="schIndent1">
<iclass="fa {% if dummy_option %} fa-check-square-o {% else %} fa-square-o {% endif %}"aria-hidden="true"></i> proof of service of the notice of family claim or counterclaim, as the case may be.
<iclass="fa fa-square-o"aria-hidden="true"></i> proof of service of the notice of family claim or counterclaim, as the case may be.
</p>
<pclass="schIndent1">
@ -87,14 +81,11 @@
<pclass="schIndent1">
<em>(b) the family law case includes a claim for child support.</em>]
</p>
{% check_list source=responses.form35_dummy_additional value='option2' as dummy_option %}
<pclass="schIndent1">
<iclass="fa {% if dummy_option %} fa-check-square-o {% else %} fa-square-o {% endif %}"aria-hidden="true"></i> Child Support Affidavit in Form F37.
<iclass="fa fa-square-o"aria-hidden="true"></i> Child Support Affidavit in Form F37.
</p>
{% check_list source=responses.form35_dummy_additional value='option3' as dummy_option %}
<pclass="schIndent1">
<iclass="fa {% if dummy_option %} fa-check-square-o {% else %} fa-square-o {% endif %}"aria-hidden="true"></i> affidavit in Form F38.
<iclass="fa fa-square-o"aria-hidden="true"></i> affidavit in Form F38.
<p>Before you can apply for divorce in B.C. it is required that you or your spouse has lived in B.C (ordinarily resident) for the last year. You can use this Divorce Service but you will not be able to submit your divorce application to the registry until you or your spouse has lived in the province for one year.</p>
<p>Before you can apply for divorce in B.C. it is required that you or your spouse has lived in B.C (ordinarily resident) for the last year. You can use this Online Divorce Assistant but you will not be able to submit your divorce application to the registry until you or your spouse has lived in the province for one year.</p>
<p>Another option is to see if you are eligible to apply for divorce in the province / territory that you have most recently lived in prior to moving to B.C. More information on <ahref="http://www.justice.gc.ca/eng/fl-df/pt-tp/index.html"target="_blank">How to Apply for a Divorce in other provinces and territories</a> can be found on the Department of Justice website.</p>
<p>Starts when one spouse decides that things have come to an end/the relationship is over, and then act on the decision. </p>
<p>There is no such thing as a "legal separation." If you're married or in a common-law relationship, you become separated as soon as you and your spouse start living apart with at least one of you wanting to separate. You don't need your spouse's permission to start living separately. You can tell others that you wish to separate, but you don't have to see a lawyer, sign a document, or go to court to be separated.</p>
<p>Separation starts when one spouse decides that things have come to an end/the relationship is over, and then acts on the decision.</p>
<p>You might even still live in the same house to save money, but you're usually still considered separated if you don't share things like meals, a bedroom, and social activities.</p>
</div>
@ -90,7 +88,7 @@
</div>
<divclass="question-well">
<h3>Did you and {% if name_spouse %} {{ name_spouse }} {% else %} your spouse {% endif %} try to reconcile after you separated <spanid="separation_date_span">{% if separation_date %} on {{ separation_date }}{% endif %}</span>?</h3>
<h3>Did you and {% if name_spouse %} {{ name_spouse }} {% else %} your spouse {% endif %} attempt to reconcile after you separated <spanid="separation_date_span">{% if separation_date %} on {{ separation_date }}{% endif %}</span>?</h3>
<p>Based on the date(s) you have provided for reconciliation, we have detected that your reconciliation may be for a period of greater than 90 days. Within the one year separation period, you can only live together for 90 days or less. </p>
<p>You can still proceed to complete the application, however, it will be up to the court to decide if you have lived separate and apart for the required period of one year.</p>
<!-- TODO: Talk to a lawyer links to help centre page. -->
<p>You may want to talk to a lawyer regarding your legal rights and options. </p>
<p>You may want to <ahref="{% url 'legal' %}"target="_blank">talk to a lawyer</a> regarding your legal rights and options. </p>
</div>
</div>
@ -149,12 +146,12 @@
{% endblock %}
{% block sidebarText%}
<h3>Am I separated?</h3>
<p>When two people who have been living together in a marriage, or a marriage-like relationship (sometimes called a common-law relationship), decide not to live together any more, they are separated.</p>
<p>There is no such thing as a "legal" separation. If you are living apart, you are separated.</p>
<p>It is possible to be separated and still living in the same home where a clear intention of a permanent separation has been communicated and acted upon.</p>
<h3>What happens if my spouse and I tried to work things out</h3>
<h3>What happens if my spouse and I tried to work things out?</h3>
<p>
If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90 days
(either before or after you file the application) to try to reconcile. If things do not work out, you can continue your action for
@ -163,5 +160,6 @@
<h3>Does being separated mean living at two different addresses?</h3>
<p>Some couples choose to separate but still live in the same house. A lawyer can tell you what factors courts may consider when they are deciding if you are separated.</p>
<p>A list of activities and behaviours that the courts consider to be indicators of a couple being separated can be found on the Legal Services Society website</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/howToProveYouAreSeparatedIfYouStillLiveTogether.php"target="_blank">list of activities and behaviours</a>
that the courts consider to be indicators of a couple being separated can be found on the Family Law in B.C. website.</p>
title='<b>Children for the Marriage</b><br/><br/><p>The <ahref="http://wiki.clicklaw.bc.ca/index.php?title=Divorce Act"target="_blank">Divorce Act</a> defines child of the marriage as:</p>
<p>Child of the marriage means a child of two spouses or former spouses who, at the material time,</p>
<oltype="a"><li>is under the age of majority and who has not withdrawn from their charge, or</li>
<li>is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life; (enfant à charge)?</li>
<p>More details on the <ahref="http://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/rp/v2/v2_7.html"target="_blank">definition of "child of the marriage"</a> can be found on the Department of Justice website.</p>'>
children of the marriage<iclass="fa fa-question-circle"aria-hidden="true"></i></span>.
If you had children with your spouse, but the children are over
the age of majority (19 in B.C.) and independent, they are
no longer considered ‘children of the marriage’ under the Divorce
Act, and you do not need to include their information in your
<p>Sorry but at this point in time you will need to complete your application for divorce using the Supreme Court of B.C. forms (PDF). The <ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms"target="_blank">forms</a> can be found on the Court Services Branch website: Supreme Court - Provincial Court.</p>
<p>Sorry, but at this point in time you will not be able to complete your application for divorce using this online tool. Currently the tool supports a limited number of scenarios. In the meantime, you can file for divorce using the forms provided on the <ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms"target="_blank">Supreme Court of B.C. website</a>.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce can also be found on the Family Law website.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce can also be found on the Family Law in B.C. website.</p>
</div>
</div>
@ -66,9 +74,9 @@
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, other reason" data_target_id="need_support" data_reveal_target="true" data_target_class="not-disqualified-other" data_reveal_class="false" %}Yes, other reason(s)</label></div>
<p>Sorry but at this point in time you will not be able to complete your application for divorce using this online tool. Currently the tool supports a limited number of scenarios. In the meantime, you can file for divorce using the <ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms"target="_blank">forms</a> provided on the Supreme Court of B.C. website.</p>
<p>Sorry, but at this point in time you will not be able to complete your application for divorce using this online tool. Currently the tool supports a limited number of scenarios. In the meantime, you can file for divorce using the forms provided on the <ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms"target="_blank">Supreme Court of B.C. website</a>.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce, as well as an overview of the divorce process, can be found on the <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/"target="_blank">Legal Services Society website</a>. </p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce can also be found on the Family Law in B.C. website. </p>
title="<b>Registration Marriage Certificate</b><br/><br/>The Registration of Marriage is the document issued by Vital Statistics
(an office run by the provincial government) along with the Marriage License. This document would have been signed by you and your
spouse, the person who married you (the officiant) and your wedding ceremony witnesses. Within 48 hours of the wedding, the officiant
(an office run by the provincial government) along with the Marriage License. This document would have been signed by you, your
spouse, the person who married you (the officiant), and your wedding ceremony witnesses. Within 48 hours of the wedding, the officiant
would have submitted the registration to the Vital Statistics Agency where the registration information becomes a permanent legal record.
Vital Statistics cannot issue a marriage certificate until the marriage is registered.
<br/><br/>
@ -55,7 +55,7 @@
<p><strong>If you were married in B.C. </strong><br/>If you were married in B.C. you can get your marriage certificate or a certified copy of the registration of marriage from <ahref="http://www2.gov.bc.ca/gov/content/life-events/marriages"target="_blank">Vital Statistics</a> (an office run by the provincial government).</p>
<p><strong>If You Were Married in Another Province</strong><br/>
If you were married in another province you need to get the official marriage certificate or registration of marriage from the office equivalent to the department of vital statistics in that province.</p>
If you were married in another province you need to get the official marriage certificate or registration of marriage from the office equivalent to the Department of Vital Statistics in that province.</p>
<p><strong>If You Were married in Another Country</strong><br/>
Contact the office responsible for marriage records in the country where you were married.</p>
@ -96,21 +96,21 @@
Registries are located in courthouses <atarget='_blank'href='http://www.courts.gov.bc.ca/supreme_court/court_locations_and_contacts.aspx'>around the province</a>." >registry<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
title="<b>Notice of Joint Family Claim</b><br/><br/>This is the document that start the court case. The Notice of
Joint Family Claim (form F1) gives the court details about you and your spouse, about your marriage and separation,
title="<b>Notice of Joint Family Claim</b><br/><br/>This is the document that starts the court case. The Notice of
Joint Family Claim Form (F1) gives the court details about you and your spouse, about your marriage and separation,
and about what you're asking the court for.</a>" >Notice of Joint Family Claim<iclass="fa fa-question-circle"aria-hidden="true"></i></span> (form F1).</p>
title="<b>registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>" >registrar<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
agrees with the reasons you provide, and accepts the Notice of Joint Family Claim (form F1),
agrees with the reasons you provide, and accepts the Notice of Joint Family Claim Form (F1),
you will need to provide proof of marriage before your application for a divorce
title="<b>order</b><br/><br/>A type of court ruling a judge or master makes that sets out what you must do or not do.</a>" >order<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
will be reviewed by the court. Other matters can be pursued in the mean time.</p>
<p>If the registrar is dissatisfied with the reason(s) you provide, you will not be able to file
the Notice of Joint Family claim (form F1) until the proof of marriage can be produced.</p>
<p>If the registrar is dissatisfied with the reason(s) you provide, you will not be able to file
the Notice of Joint Family claim Form (F1) until the proof of marriage can be produced.</p>
<p>Sorry but at this point in time you will need to complete your application for divorce using the Supreme Court of B.C.<ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms">forms</a> (PDF). The forms can be found on the Court Services Branch website.</p>
<p>Sorry, but at this point in time you will not be able to complete your application for divorce using this online tool. Currently the tool supports a limited number of scenarios. In the meantime, you can file for divorce using the forms provided on the<ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms"target="_blank">Supreme Court of B.C. website</a>.</p>
<p>A listing of forms that may be required for a Joint Divorce can also be found on the <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">Family Law of B.C. website</a>. </p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce can also be found on the Family Law in B.C. website.</p>
<p><strong>Proof of Marriage Translation</strong><br/>
You need to get your proof of marriage translated by a certified translator if it is not t in English. Ask the translator to give you an Affidavit of Translation. You'll then need to file at the court registry both the original marriage certificate/registration of marriage and the <spanclass="tooltip-link"data-toggle="tooltip"data-placement="right"data-html="true"title="<b>Affidavit of Translation</b><br /><br />The affidavit of translation is an affidavit sworn by a translator before a notary or commissioner for taking affidavits.">Affidavit of Translation<iclass="fa fa-question-circle"aria-hidden="true"></i></span> with the English translation attached as exhibits. A certified translator can help you do this.</p>
You need to get your proof of marriage translated by a certified translator if it is not t in English. Ask the translator to give you an Affidavit of Translation. You'll then need to file at the court registry both the original Marriage Certificate or Registration of Marriage and the <spanclass="tooltip-link"data-toggle="tooltip"data-placement="right"data-html="true"title="<b>Affidavit of Translation</b><br /><br />The Affidavit of Translation is an affidavit sworn by a translator before a notary or commissioner for taking affidavits.">Affidavit of Translation<iclass="fa fa-question-circle"aria-hidden="true"></i></span> with the English translation attached as exhibits. A certified translator can help you do this.</p>
<p><strong>If you were married in Quebec and your marriage certificate is in French</strong><br/>
If your marriage certificate is in French, the registry may require you to get it translated into English. Contact your <ahref="http://www.courts.gov.bc.ca/supreme_court/court_locations_and_contacts.aspx"target="_blank">Supreme Court registry</a> to find out what its rule is about marriage certificates in French.</p>
<p>If you ask for a divorce due to "other reason" reasons, you have to present evidence to the court to prove the facts of the adultery or physical or mental cruelty.</p>
<p>At this point in time you will need to complete your application for divorce using the PDF version of the forms. The <ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms"target="_blank">forms</a> can be found on the Court Services Branch website: Supreme Court - Provincial Court.</p>
<p>Sorry, but at this point in time you will not be able to complete your application for divorce using this online tool. Currently the tool supports a limited number of scenarios. In the meantime, you can file for divorce using the forms provided on the <ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms"target="_blank">Supreme Court of B.C. website</a>.</p>
</div>
<divclass="not-disqualified">
@ -136,13 +135,6 @@
<li>Your spouse has been physically or mentally cruel to you.</li>
<li>Your spouse has committed adultery.</li>
</ul>
<p>If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90 days (either before or after you file the application) to try to reconcile. If things do not work out, you can continue your action for divorce as if you had not spent the time together.</p>
<p>Some couples choose to separate but still live in the same house. A lawyer can tell you what factors courts may consider when they are deciding if you are separated.</p>
<p>You can also get a divorce if:</p>
<ul>
<li>you or your spouse has committed adultery (been unfaithful) that hasn't been forgiven, or</li>
<li>your spouse treated you with physical or mental cruelty that you haven't forgiven, which makes it impossible for you to continue to live together.</li>
</ul>
<p>To get a divorce for these reasons you have to prove these things in court.</p>
<p>The majority of divorces are uncontested or undefended divorces (about 80 percent). That means that the divorcing couple have settled on how they're going to settle their parenting, support, and property issues. But they still need a court order for the divorce.</p>
{% input_field type="checkbox" name="form35_dummy_additional" value="option1" %}proof of service of the Notice of Family Claim or Counterclaim, as the case may be.
</label>
</div>
<divclass="checkbox">
<label>
{% input_field type="checkbox" name="form35_dummy_additional" value="option2" %}a Child Support Affidavit in Form F37.
</label>
</div>
<divclass="checkbox">
<label>
{% input_field type="checkbox" name="form35_dummy_additional" value="option3" %}an Affidavit in Form F38.
</label>
</div>
</div>
</div>
{% endcomment %}
<divclass="question-well">
<h1>FORM 38</h1>
<div>
{% comment "Not needed anymore" %}
<h3>Will you be swearing/affirming your affidavit together at the registry? Or will you be doing this separately?</h3>
<divclass="btn-radio-group"data-toggle="buttons">
<labelclass="btn btn-radio btn-radio-long">
{% input_field type="radio" name="form38_dummy_together" autocomplete="off" value="together" %} Together
</label>
<labelclass="btn btn-radio btn-radio-long">
{% input_field type="radio" name="form38_dummy_together" autocomplete="off" value="separate" %} Separate