<tdcolspan="2"><iclass="fa {% if responses.try_reconcile_after_separated == 'YES' %} fa-check-square-o"aria-hidden="true"></i>{% else %} fa-square-o" aria-hidden="true"></i> {% endif %} Claimant 1 and Claimant 2 have lived together again during the following period(s), in an unsuccessful attempt to reconcile: [<em>give dates of period(s)</em>] </td>
<tdcolspan="2"> (ii) <iclass="fa fa-square-o"aria-hidden="true"></i><strong> Other grounds </strong> , under section 8 (2) (b) of the <em> Divorce Act </em> (Canada): <spanclass="form-entry form-textarea not-complete"> </span>
Claimant: {% include "partials/name_with_alias.html" with name=responses.name_you use_other_name=responses.any_other_name_you other_names=responses.other_name_you %}
</p>
<p>
<phidden>
Claimant 1 [<em>joint family law case</em>]:
</p>
<p>
Respondent:
Respondent: {% include "partials/name_with_alias.html" with name=responses.name_spouse use_other_name=responses.any_other_name_spouse other_names=responses.other_name_spouse %}
</p>
<p>
<phidden>
Claimant 2 [<em>joint family law case</em>]:
</p>
<pclass="text-center">
<strong>AFFIDAVIT - DESK ORDER DIVORCE</strong>
</p>
<pclass="text-center">
<em>[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]</em>
</p>
<divhidden>
<pclass="text-center">
<em>[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]</em>
</p>
<p>
<em>[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]</em>
</p>
</div>
<p>
<em>[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]</em>
</p>
<p>
I, <spanclass="form-entry not-complete">[<em>name</em>]</span>, of <spanclass="form-entry not-complete">[<em>address</em>]</span>, <spanclass="form-entry not-complete">[<em>occupation</em>]</span>, SWEAR (OR AFFIRM) THAT:
I, {% if responses.name_you %}{{ responses.name_you }}{% else %}<spanclass="form-entry not-complete">[<em>name</em>]</span>{% endif %}, of
{% if responses.address_to_send_official_document_street_you and responses.address_to_send_official_document_city_you and responses.address_to_send_official_document_prov_you and responses.address_to_send_official_document_country_you and responses.address_to_send_official_document_postal_code_you %}
1 I am <spanclass="form-entry not-complete">[<em>the claimant/the respondent/Claimant 1/Claimant 2</em>]</span>.
@ -69,94 +76,122 @@
<pclass="schIndent1">
2 There is no possibility of reconciliation between my spouse and me.
</p>
<p>
<phidden>
[<em>Select whichever one of the 2 following provisions is correct and remove the provision that has not been selected so that it does not appear in the form when the form is filed.</em>]
</p>
<pclass="schIndent1">
3 I believe that the facts set out in the notice of family claim are true.
</p>
<pclass="schIndent1">
3 I believe that the facts set out in the response to family claim and counterclaim are true.
3 I believe that the facts set out in {% if responses.form38_dummy_facts == 'option1' %}the notice of family claim{% else %}the response to family claim and counterclaim{% endif %} are true.
</p>
<p>
<phidden>
<em>[Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.]</em>
</p>
<pclass="schIndent1">
4 The certificate of marriage or certified copy of the registration of marriage filed in this family law case fully and correctly describes the true particulars of the marriage.
</p>
<pclass="schIndent1">
4 It is impossible to obtain a certificate of marriage or a certified copy of the registration of marriage and instead, in accordance with section 52 (1) (a) of the <em>Evidence Act</em>, I refer to the affidavit of <spanclass="form-entry not-complete">[<em>name</em>]</span>,
a person who was present at the marriage ceremony, which affidavit is filed in this family law case.
</p>
<p>
{% if responses.original_marriage_certificate == 'YES' %}
<pclass="schIndent1">
4 The certificate of marriage or certified copy of the registration of marriage filed in this family law case fully and correctly describes the true particulars of the marriage.
</p>
{% else %}
<pclass="schIndent1">
4 It is impossible to obtain a certificate of marriage or a certified copy of the registration of marriage and instead, in accordance with section 52 (1) (a) of the <em>Evidence Act</em>, I refer to the affidavit of {% if responses.form38_dummy_witness %}{{ responses.form38_dummy_witness }}{% else %}<spanclass="form-entry not-complete">[<em>name</em>]</span>{% endif %},
a person who was present at the marriage ceremony, which affidavit is filed in this family law case.
</p>
{% endif %}
<phidden>
<em>[Select whichever one of the 4 following provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]</em>
</p>
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are separation for more than one year.</em>] I was living separate and apart from my spouse at the start of this family law case and I have lived separate and apart from my spouse since
<spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span> , except: <spanclass="form-entry not-complete">[<em>provide dates of any periods of attempted reconciliation</em>]</span>.
</p>
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are adultery of a spouse and there has been an admission of adultery.</em>] My spouse has admitted to me that <spanclass="form-entry not-complete">[<em>he/she</em>]</span> committed the acts of adultery alleged in Schedule
1 of the <spanclass="form-entry not-complete">[<em>notice of family claim/counterclaim</em>]</span> and
</p>
<pclass="schIndent2">
(a) as corroboration I refer to <spanclass="form-entry not-complete">[<em>Set out whichever one of the following is applicable:</em></span> the affidavit(s) of <spanclass="form-entry not-complete">[<em>name(s)</em>]</span>, / the transcript of the examination for discovery of <spanclass="form-entry not-complete">[<em>name</em>]</span>
marked as Exhibit "A" to this affidavit <spanclass="form-entry not-complete">]</span> ,
</p>
<pclass="schIndent2">
(b) I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.
</p>
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are adultery of a spouse and there has been no admission of adultery.</em>] I have no personal knowledge of the acts of adultery alleged in Schedule 1 of the <spanclass="form-entry not-complete"> </span>[<em>notice of family claim/counterclaim</em>]<spanclass="form-entry not-complete"> </span>
and
</p>
<pclass="schIndent2">
(a) in proof of the adultery committed by my spouse I refer to <spanclass="form-entry not-complete"> </span>[<em>Set out whichever one of the following is applicable:</em> the affidavit(s) of <spanclass="form-entry not-complete"> </span>[<em>name(s)</em>]<spanclass="form-entry not-complete"> </span>, / the transcript of the examination
for discovery of <spanclass="form-entry not-complete"> </span>[<em>name</em>]<spanclass="form-entry not-complete"> </span> marked as Exhibit "A" to this affidavit]<spanclass="form-entry not-complete"> </span> ,
</p>
<pclass="schIndent2">
(b) I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.
</p>
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are physical or mental cruelty of a spouse.</em>] My spouse has treated me with physical or mental cruelty since the date of the marriage as follows: <spanclass="form-entry not-complete"> </span>[<em>provide details</em>]<spanclass="form-entry not-complete"> </span>
</p>
{% if responses.divorce_reason == 'live separate' %}
<pclass="schIndent1">
5 <spanhidden>[<em>Select this provision if the grounds for divorce are separation for more than one year.</em>]</span> I was living separate and apart from my spouse at the start of this family law case and I have lived separate and apart from my spouse since
{% multiple_values_to_list source=responses.reconciliation_period as periods %}
{% if periods != '[]' %}
{% for period in periods %}
{{ period }}
{% endfor %}
{% else %}<spanclass="form-entry not-complete">[<em>provide dates of any periods of attempted reconciliation</em>]</span>.{% endif %}
</p>
{% else %}
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are adultery of a spouse and there has been an admission of adultery.</em>] My spouse has admitted to me that <spanclass="form-entry not-complete">[<em>he/she</em>]</span> committed the acts of adultery alleged in Schedule
1 of the <spanclass="form-entry not-complete">[<em>notice of family claim/counterclaim</em>]</span> and
</p>
<pclass="schIndent2">
(a) as corroboration I refer to <spanclass="form-entry not-complete">[<em>Set out whichever one of the following is applicable:</em></span> the affidavit(s) of <spanclass="form-entry not-complete">[<em>name(s)</em>]</span>, / the transcript of the examination for discovery of <spanclass="form-entry not-complete">[<em>name</em>]</span>
marked as Exhibit "A" to this affidavit <spanclass="form-entry not-complete">]</span> ,
</p>
<pclass="schIndent2">
(b) I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.
</p>
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are adultery of a spouse and there has been no admission of adultery.</em>] I have no personal knowledge of the acts of adultery alleged in Schedule 1 of the <spanclass="form-entry not-complete"> </span>[<em>notice of family claim/counterclaim</em>]<spanclass="form-entry not-complete"> </span>
and
</p>
<pclass="schIndent2">
(a) in proof of the adultery committed by my spouse I refer to <spanclass="form-entry not-complete"> </span>[<em>Set out whichever one of the following is applicable:</em> the affidavit(s) of <spanclass="form-entry not-complete"> </span>[<em>name(s)</em>]<spanclass="form-entry not-complete"> </span>, / the transcript of the examination
for discovery of <spanclass="form-entry not-complete"> </span>[<em>name</em>]<spanclass="form-entry not-complete"> </span> marked as Exhibit "A" to this affidavit]<spanclass="form-entry not-complete"> </span> ,
</p>
<pclass="schIndent2">
(b) I have not condoned the conduct of my spouse that is alleged as the grounds for divorce in that I have not forgiven my spouse for that conduct, nor have I encouraged or acquiesced in that conduct.
</p>
<pclass="schIndent1">
5 [<em>Select this provision if the grounds for divorce are physical or mental cruelty of a spouse.</em>] My spouse has treated me with physical or mental cruelty since the date of the marriage as follows: <spanclass="form-entry not-complete"> </span>[<em>provide details</em>]<spanclass="form-entry not-complete"> </span>
</p>
{% endif %}
<pclass="schIndent1">
6 I am neither directly nor indirectly a party to an agreement or conspiracy for the purpose of subverting the administration of justice, or to any agreement, understanding or arrangement to fabricate or suppress evidence or to deceive the court.
</p>
<p>
<phidden>
[<em>Select whichever one of the 2 following provisions is correct, provide any required information and remove the provision that has not been selected so that it does not appear in the form when the form is filed.</em>]
</p>
<pclass="schIndent1">
7 There are no children of the marriage as defined by the <em>Divorce Act</em> (Canada).
</p>
<pclass="schIndent1">
7 There are children of the marriage as defined by the <em>Divorce Act</em> (Canada) and
</p>
<pclass="schIndent2">
(a) those children are <spanclass="form-entry not-complete"> </span>[<em>provide the full name, age and birth date of each child of the marriage</em>]<spanclass="form-entry not-complete"> </span>,
</p>
<pclass="schIndent2">
(b) I have sworn a child support affidavit in Form F37, and
</p>
<pclass="schIndent2">
(c) the following arrangements for parenting have been made: <spanclass="form-entry not-complete"> </span>[<em>provide details</em>]<spanclass="form-entry not-complete"> </span> .
</p>
<p>
{% if responses.children_of_marriage == 'NO' %}
<pclass="schIndent1">
7 There are no children of the marriage as defined by the <em>Divorce Act</em> (Canada).
</p>
{% else %}
<pclass="schIndent1">
7 There are children of the marriage as defined by the <em>Divorce Act</em> (Canada) and
</p>
<pclass="schIndent2">
(a) those children are <spanclass="form-entry not-complete"> </span>[<em>provide the full name, age and birth date of each child of the marriage</em>]<spanclass="form-entry not-complete"> </span>,
</p>
<pclass="schIndent2">
(b) I have sworn a child support affidavit in Form F37, and
</p>
<pclass="schIndent2">
(c) the following arrangements for parenting have been made: <spanclass="form-entry not-complete"> </span>[<em>provide details</em>]<spanclass="form-entry not-complete"> </span> .
</p>
{% endif %}
<phidden>
<em>[Select and complete the following provision if you are seeking a change of name for yourself. If you are not seeking a change of name for yourself, remove this provision so that it does not appear in the form when the form is filed.]</em>
</p>
<pclass="schIndent1">
8 Pursuant to section 5 of the <em>Name Act</em>, I am seeking to change my name from <spanclass="form-entry not-complete"> </span> to <spanclass="form-entry not-complete"> </span> . This application for a name change relates only to myself.
</p>
<p>
<em>[Select and complete the following provision if you are seeking a change of name for one or more minor children. If you are not seeking a change of name for one or more minor children, remove this provision so that it does not appear in the form when the form is filed. Renumber this provision as section 8 if you are seeking a change of name for one or more minor children and have not included a section 8 immediately before this provision.]</em>
</p>
<pclass="schIndent1">
9 Pursuant to section 5 of the Name Act, I am seeking to change the name(s) of the minor child(ren) of the marriage as follows, and a copy of the consent(s) to the change(s) of name referred to in this section of <spanclass="form-entry not-complete">[<em>name</em>]</span>
who is/are <spanclass="form-entry not-complete">[<em>relationship to child(ren)</em>]</span> is/are attached to this affidavit and marked as Exhibit(s) <spanclass="form-entry not-complete">[<em>A, B, C, D, as the case may be</em>]</span>. [<em>Complete the following for each minor child of the marriage for whom a name change is sought.</em>]
</p>
<pclass="schIndent2">
from <spanclass="form-entry not-complete"> </span> to: <spanclass="form-entry not-complete"> </span>
</p>
{% if responses.form38_dummy_new_name %}
<pclass="schIndent1">
8 Pursuant to section 5 of the <em>Name Act</em>, I am seeking to change my name from {% if responses.name_you %}{{ responses.name_you }}{% else %}<spanclass="form-entry not-complete"> </span>{% endif %} to {% if responses.form38_dummy_new_name %}{{ responses.form38_dummy_new_name }}{% else %}<spanclass="form-entry not-complete"> </span>{% endif %}. This application for a name change relates only to myself.
</p>
{% endif %}
<divhidden>
<p>
<em>[Select and complete the following provision if you are seeking a change of name for one or more minor children. If you are not seeking a change of name for one or more minor children, remove this provision so that it does not appear in the form when the form is filed. Renumber this provision as section 8 if you are seeking a change of name for one or more minor children and have not included a section 8 immediately before this provision.]</em>
</p>
<pclass="schIndent1">
9 Pursuant to section 5 of the Name Act, I am seeking to change the name(s) of the minor child(ren) of the marriage as follows, and a copy of the consent(s) to the change(s) of name referred to in this section of <spanclass="form-entry not-complete">[<em>name</em>]</span>
who is/are <spanclass="form-entry not-complete">[<em>relationship to child(ren)</em>]</span> is/are attached to this affidavit and marked as Exhibit(s) <spanclass="form-entry not-complete">[<em>A, B, C, D, as the case may be</em>]</span>. [<em>Complete the following for each minor child of the marriage for whom a name change is sought.</em>]
</p>
<pclass="schIndent2">
from <spanclass="form-entry not-complete"> </span> to: <spanclass="form-entry not-complete"> </span>
<em> In the Supreme Court of British Columbia </em>
</p>
<p>
Claimant:
Claimant:{% include "partials/name_with_alias.html" with name=responses.name_you use_other_name=responses.any_other_name_you other_names=responses.other_name_you %}
</p>
<p>
Respondent:
Respondent:{% include "partials/name_with_alias.html" with name=responses.name_spouse use_other_name=responses.any_other_name_spouse other_names=responses.other_name_spouse %}
</p>
<h2align="center">
FINAL ORDER
</h2>
<p>
<em>[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]</em>
</p>
</p>
<p>
<em>[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]</em>
</p>
<divhidden>
<p>
<em>[Rule 21-1 of the Supreme Court Family Rules applies to all forms.]</em>
</p>
</p>
<p>
<em>[Complete the form in accordance with the instructions found in the bracketed italicized wording and then remove all bracketed italicized wording so that it does not appear in the form when the form is filed.]</em>
</p>
</div>
<tableclass="table table-bordered">
<tbody>
<tr>
<td><spanclass="form-entry not-complete"> </span> THE HONOURABLE JUSTICE or A JUDGE OF THE COURT or MASTER or A MASTER OF THE COURT </td>
<em>[Select whichever one of the 4 following provisions is correct, provide any required information and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]</em>
</p>
<pclass="schIndent1">
This family law case coming on for trial at <spanclass="form-entry not-complete"> </span>, on <spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span>, and on hearing <spanclass="form-entry not-complete"> </span>, [<em>add the following if applicable: the lawyer for</em>] the claimant and <spanclass="form-entry not-complete"> </span>,
[<em>add the following if applicable: the lawyer for</em>] the respondent, and on considering the evidence put forward [<em>add the following if applicable:</em> AND JUDGMENT being reserved to this date];
</p>
<pclass="schIndent1">
This family law case coming on for hearing at <spanclass="form-entry not-complete"> </span> on <spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span> and on hearing <spanclass="form-entry not-complete">[<em>name of party/lawyer</em>]</span> and <spanclass="form-entry not-complete">[<em>name of party/lawyer</em>]</span>,
and on considering the evidence put forward;
</p>
<pclass="schIndent1">
This family law case coming on for summary trial under Rule 11-3 of the Supreme Court Family Rules at <spanclass="form-entry not-complete"> </span> on <spanclass="form-entry not-complete">[dd/mmm/yyyy]</span>, and on hearing <spanclass="form-entry not-complete">[name of party/lawyer]</span> and <spanclass="form-entry not-complete">[name of party/lawyer]</span>,
and on considering the evidence put forward;
</p>
<!-- Not in use -->
<divhidden>
<p>
<em>[Select whichever one of the 4 following provisions is correct, provide any required information and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]</em>
</p>
<pclass="schIndent1">
This family law case coming on for trial at <spanclass="form-entry not-complete"> </span>, on <spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span>, and on hearing <spanclass="form-entry not-complete"> </span>, [<em>add the following if applicable: the lawyer for</em>] the claimant and <spanclass="form-entry not-complete"> </span>,
[<em>add the following if applicable: the lawyer for</em>] the respondent, and on considering the evidence put forward [<em>add the following if applicable:</em> AND JUDGMENT being reserved to this date];
</p>
<pclass="schIndent1">
This family law case coming on for hearing at <spanclass="form-entry not-complete"> </span> on <spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span> and on hearing <spanclass="form-entry not-complete">[<em>name of party/lawyer</em>]</span> and <spanclass="form-entry not-complete">[<em>name of party/lawyer</em>]</span>,
and on considering the evidence put forward;
</p>
<pclass="schIndent1">
This family law case coming on for summary trial under Rule 11-3 of the Supreme Court Family Rules at <spanclass="form-entry not-complete"> </span> on <spanclass="form-entry not-complete">[dd/mmm/yyyy]</span>, and on hearing <spanclass="form-entry not-complete">[name of party/lawyer]</span> and <spanclass="form-entry not-complete">[name of party/lawyer]</span>,
and on considering the evidence put forward;
</p>
</div>
<pclass="schIndent1">
This family law case coming on as an undefended family law case without an oral hearing under Rule 10-10 of the Supreme Court Family Rules, and on considering the evidence put forward;
</p>
<p>
THIS COURT ORDERS that
</p>
<p>
<phidden>
<em>[If a divorce is granted, select whichever one of the 2 following provisions is correct, complete the selected provision and remove the provision that has not been selected so that it does not appear in the form when the form is filed. If a divorce is not granted, remove both of the following provisions so that they do not appear in the form when the form is filed.]</em>
</p>
<pclass="schIndent1">
Subject to section 12 of the <em>Divorce Act</em> (Canada), the claimant, <spanclass="form-entry not-complete">[<em>name</em>]</span>, and the respondent, <spanclass="form-entry not-complete">[<em>name</em>]</span>, who were married at <spanclass="form-entry not-complete">[<em>place</em>]</span>
on <spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span>, are divorced from each other, the divorce to take effect on the 31st day after the date of this order.
</p>
<pclass="schIndent1">
Subject to section 12 of the <em>Divorce Act</em> (Canada), the claimant, <spanclass="form-entry not-complete">[<em>name</em>]</span>, and the respondent, <spanclass="form-entry not-complete">[<em>name</em>]</span>, who were married at <spanclass="form-entry not-complete"> </span>[<em>place</em>]<spanclass="form-entry not-complete"> </span>
on <spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span>, are divorced from each other, the divorce to take effect on <spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span>.
Subject to section 12 of the <em>Divorce Act</em> (Canada), the claimant, {% if responses.name_you %}{{name_you}}{% else %}<spanclass="form-entry not-complete">[<em>name</em>]</span>{% endif %}, and the respondent, {% if responses.name_spouse %}{{ name_spouse }}{% else %}<spanclass="form-entry not-complete">[<em>name</em>]</span>{% endif %}, who were married at
{% if responses.where_were_you_married_city and responses.where_were_you_married_prov and responses.where_were_you_married_country %}
on {% if responses.when_were_you_married %} {{ responses.when_were_you_married }} {% else %}<spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span>{% endif %}, are divorced from each other,
{% if responses.divorce_take_effect_on == 'the 31st day after' %}
the divorce to take effect on the 31st day after the date of this order.
{% else %}
the divorce to take effect on {% if responses.divorce_take_effect_on_specific_date %}{{ responses.divorce_take_effect_on_specific_date }}{% else %}<spanclass="form-entry not-complete">[<em>dd/mmm/yyyy</em>]</span>{% endif %}.
{% endif %}
</p>
<p>
THIS COURT ORDERS that
</p>
<p>
<phidden>
<em>[If orders other than or in addition to divorce orders are made, set out, in numbered paragraphs, the terms of all orders other than divorce orders.] [If any of the following orders are by consent, indicate that fact by adding the words "By consent," to the beginning of the description of the order.] [For each order, if any, made for custody, parenting arrangements, child support or spousal support, indicate whether the order is made under the Divorce Act or the Family Law Act.] [If no orders other than divorce orders are made, remove this provision so that it does not appear in the form when the form is filed.] </em>
<divclass="radio"><label>{% input_field type="radio" class="radio-with-other" name="divorce_take_effect_on" value="the 31st day after" %}the 31st day after the date of this order</label></div>
<p>If you select the "specific date" option you will need to request this as an "other" order and you will need to provide affidavit evidence to support the order. </p>
Charles Shin
8 years ago