Usually, people file their documents at the Supreme Court registry nearest to where they live or work (Supreme Court registry addresses)."aria-hidden="true"></i>.
</p>
</div>
<div>
<h1>Review and Print your Divorce Forms</h1>
<p>
To get divorced, you need to get a divorce order. Only the court has the ability to divorce a married couple.
To get a court order you have to start a court case. What this means is you will have to print off the forms listed below,
and file them (open your court case) at a court registry
Usually, people file their documents at the Supreme Court registry nearest to where they live or work (Supreme Court registry addresses)."aria-hidden="true"></i>.
</p>
<divclass="question-well">
<h2>Print These Forms</h2>
<p><ahref="#">Get help opening and saving PDF forms</a></p>
The Notice of Joint Family Claim Form (F1) is a document that starts the court file for your divorce. It states the grounds for the divorce and gives information about you and your spouse, as well as the details about your marriage and separation.
This form tells the court that you are asking for an order (decision) from a judge. The Requisition also tells the court what documents you’re providing to support your application.
A draft Final Order sets out what orders (decision) you want the court to make.
You and your spouse are responsible for writing out the order. The judge or master who reviews your case doesn't write the order.
The final order you draft will become your divorce order, once the judge has signed it.
</p>
<ul>
<li>
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/tipsForDraftingOrders.php"target="_blank">Write draft order</a> - List what orders you want the court to make.
</li>
<li>
<b>File draft order</b> when you file the other forms and documents at the court registry.
</li>
<li>
If the judge or master makes the order you ask for, they'll sign the draft order you filed and it becomes your court order.
</li>
<li>
<b>If there's a problem</b> with your order and the judge or master doesn't approve it, the court registry will let you know. You might have to draft another version of the order or appear in court to give the judge or master more information about what you wrote in the order.
The only details you need to provide on the Certificate of Pleadings form (F36) are your name and your spouse's name. The Court Registrar uses this form to tell you if all your documents are in order. If something is missing or you’ve filled in the form incorrectly, he or she will let you know using this form.
</p>
<p>
Take the Certificate to the court registry where you filed your Notice of Trial. After you file it, the registrar will search the file and sign and return the Certificate to you. If something's missing, the registrar won't sign the Certificate and will let you know.
</p>
<p>
If everything is in order, the Registrar will sign the Certificate of Pleadings to show the judge that they've checked everything over. All of your document will be sent to the judge for review.
title="<b>Affidavit</b><br/><br/>A document that contains facts that you swear under oath or affirm to be true.
A lawyer, notary public, or commissioner for taking affidavits must witness your signature and sign your affidavit." aria-hidden="true"></i>
Desk Order Divorce Form (F38). This document sets out the facts of your marriage and separation.
</p>
<p>Please follows these steps to ensure your affidavit does not get rejected:</p>
<ul>
<li>
Both you and your spouse need to swear/affirm the affidavit.
</li>
<li>
Take <b>photo identification</b> with you. The person who will swear/affirm the documents for you must be sure you are both who you say you are.
</li>
<li>
One affidavit must be sworn/affirmed <b>at the time of filing.</b>
</li>
</ul>
<p>
You'll notice that some of the information in the affidavit is the same as what's in your Notice of Joint Family Claim Form (F1). Because the Notice of Joint Family Claim is not a sworn document, and the judge/master must have sworn evidence to make a decision, you must swear or affirm that the information in these affidavits is true.
The Notice of Joint Family Claim Form (F1) is a document that starts the court file for your divorce. It states the grounds for the divorce and gives information about you and your spouse, as well as the details about your marriage and separation.
This form tells the court that you are asking for an order (decision) from a judge. The Requisition also tells the court what documents you’re providing to support your application.
A draft Final Order sets out what orders (decision) you want the court to make. You and your spouse are responsible for writing out the order. The judge or master who reviews your case doesn't write the order. The final order you draft will become your divorce order, once the judge has signed it.
</p>
<p>
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/tipsForDraftingOrders.php"target="_blank">Write draft order</a> - List what orders you want the court to make.
The only details you need to provide on the Certificate of Pleadings form (F36) are your name and your spouse's name. The Court Registrar uses this form to tell you if all your documents are in order. If something is missing or you’ve filled in the form incorrectly, he or she will let you know using this form.
</p>
<p>
Take the Certificate to the court registry where you filed your Notice of Trial. After you file it, the registrar will search the file and sign and return the Certificate to you. If something's missing, the registrar won't sign the Certificate and will let you know.
</p>
<p>
If everything is in order, the Registrar will sign the Certificate of Pleadings to show the judge that they've checked everything over. All of your document will be sent to the judge for review.
<o>$40 per affidavit (if sworn at a court registry)</o>
<p>
Since your divorce won't require an appearance before a judge, you must fill out and swear/affirm <iclass="fa fa-question-circle"data-toggle="tooltip"data-placement="auto"data-html="true"data-trigger="click"title="<b>Swear/Affirm</b><br/><br/>To“takeanoath”infrontofalawyer,notarypublic,orcommissionerfortakingaffidavits
that statements made in court or the contents of an affidavit are true to the best of your knowledge and belief
that your oath is “under an immediate sense of responsibility to God”. A non-religious alternative is to affirm." aria-hidden="true"></i> an Affidavit <iclass="fa fa-question-circle"data-toggle="tooltip"data-placement="auto"data-html="true"data-trigger="click"title="<b>Affidavit</b><br/><br/>Adocumentthatcontainsfactsthatyouswearunderoathoraffirmtobetrue.
A lawyer, notary public, or commissioner for taking affidavits must witness your signature and sign your affidavit." aria-hidden="true"></i> Desk Order Divorce Form (F38). This document sets out the facts of your marriage and separation.
</p>
<p>
Please follows these steps to ensure your affidavit does not get rejected:
</p>
<ul>
Both you and your spouse need to swear/affirm the affidavit. Take <b>photo identification</b> with you. The person who will swear/affirm the documents for you must be sure you are both who you say you are. One affidavit must be sworn/affirmed <b>at the time of filing.</b>
<p>
You'll notice that some of the information in the affidavit is the same as what's in your Notice of Joint Family Claim Form (F1). Because the Notice of Joint Family Claim is not a sworn document, and the judge/master must have sworn evidence to make a decision, you must swear or affirm that the information in these affidavits is true.
</p>
</div>
</div>
<p>
Affidavit Desk Order Divorce Form (F38) - signing separately
<p>The affidavit will need to be sworn or affirmed. You can either <b>jointly</b> prepare one Affidavit — Desk Order Divorce form (F38) or complete two versions and <b>swear/affirm them separately.</b></p>
<tableborder="1">
<p>
The affidavit will need to be sworn or affirmed. You can either <b>jointly</b> prepare one Affidavit — Desk Order Divorce form (F38) or complete two versions and <b>swear/affirm them separately.</b>
</p>
<tableclass="table table-bordered">
<tr>
<th>If both of you will be coming to the court registry:</th>
<th>If only one of you will be coming to the court registry:</th>
@ -195,7 +145,7 @@
</table>
</div>
<div>
<divclass="question-well">
<h2>Other Documents to Take to the Court Registry</h2>
<ul>
<li>Proof of marriage (original or certified Marriage Certificate or Registration of Divorce)</li>
@ -203,7 +153,7 @@
</ul>
</div>
<div>
<divclass="question-well">
<h2>Assembly Instructions</h2>
<p>Staple each form together and then fasten all forms with a paper clip, in the following order:</p>
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<h3>Wait while Judge reviews your request</h3>
<h1>Wait while Judge reviews your request</h1>
<p>
Once filed, the stage 2 forms will be passed to a judge. If the judge determines that you are entitled to a divorce, he or she will grant you a Divorce Order.
Foley Lynn
8 years ago