<h1><small>Step 1:</small>What are you asking for?</h1>
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<h3>What are you asking for<spanclass="tooltip-link"data-toggle="tooltip"data-placement="right"data-html="true"
title="<b>Orders Definition</b><br/><br/>A record of a decision made by a judge or master* that tells you or your spouse what you must do (or not do). For example: The court has made an order that your spouse must pay you $250 on a monthly basis to help pay off your combined debt.<br/><br/><i><b>Master Definition</b><br/>A judicial officer of the Supreme Court who can hear and decide certain applications, including interim applications for parenting or support orders.</i>"> (Orders)
<p><em>With an undefended divorce (aka desk order), you do not need to appear in court. However, a judge needs to review and approve what you are asking for. Orders allow you to tell the court what you want (for example parenting support and property division).</em></p>
<p><em>Please select what you are asking for. Later on you will be asked to provide details for each request.</em></p>
title='<b>Common law relationship</b><br/><br/>The term "common-law relationship" is often used to refer to
a marriage-like relationship that has lasted a certain length of time, usually one or two years.
Used in some federal laws to refer to a marriage-like relationship of a year or longer.' aria-hidden="true"></i>
(legally known as a "marriage like relationship)"?
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<p>A divorce is a court order, made under the Divorce Act, that ends a marriage. Only married spouses need to get a divorce to end their relationship; unmarried spouses and other unmarried couples do not need to divorce. Their relationships are over when they separate.
So you do not need to ask for a legal end to the marriage (Divorce order). However, if you would like spousal support or property and debt issues addressed, you will need to ask for these orders.
A divorce is a court order, made under the Divorce Act, that ends a marriage. Only married spouses need to get a divorce to end their relationship;
unmarried spouses and other unmarried couples do not need to divorce. Their relationships are over when they separate.
</p>
<p>
Note that there are important time limits if you want to apply for spousal support and/or divide property, debt, or a pension.
So you do not need to ask for a legal end to the marriage (Divorce order).
However, if you would like spousal support or property and debt issues addressed, you will need to ask for these orders.
</p>
<p>
If you were married, you must apply to divide property within two years after you get an order for divorce.
If you were living in a marriage-like relationship for at least two years, you must apply within two years of the date you separated.
<b>Time Limits</b><br/>
Note that there are important time limits if you want to apply for spousal support and/or divide property, debt, or a pension.
<ul>
<li>If you were married, you must apply to divide property within two years after you get an order for divorce.</li>
<li>If you were living in a marriage-like relationship for at least two years, you must apply within two years of the date you separated.</li>
</ul>
</p>
<p>
For more information refer to the
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/spousal_support.php"target="_blank">Spousal Support</a> and
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/dividePropertyAndDebts.php"target="_blank">How to Divide Property and Debt</a> fact sheets on the Legal Services Society web site.
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/dividePropertyAndDebts.php"target="_blank">How to Divide Property and Debt fact sheets</a> on the Legal Services Society web site.
title="<b>Separation agreement</b><br/><br/><p>A document that sets out how you and your spouse have agreed to deal with thing matters
title="<b>Separation agreement</b><br/><br/><p>A document that sets out how you and your spouse have agreed to deal with matters
like parenting support and property after you separate (Provincial family law calls it an agreement).
There's no official form to use for drafting up a separation agreement.</p>" aria-hidden="true"></i>
) then you do not need to ask for an Order for Spousal Support. However if you want the spousal support agreement to be enforceable (legally binding) you will need to select this option.</p>
<h2>Time limit to apply for court order </h2>
<p>If you were married, you must apply for spousal support under the
<ahref="http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/spousal-support"target="_blank">Family Law Act</a>
within two years after you get an order for divorce. If you are applying for spousal support under the Divorce Act, you do not have a time limit.</p>
<p>If you were unmarried, and you qualify for spousal support, you must apply within two years of the date you separated.</p>
) then you do not need to ask for an Order for Spousal Support. However if you want the spousal support agreement to be enforceable (legally binding) you will need to select this option.
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<div><divclass="checkbox"><label>{% input_field type="checkbox" name="want_which_orders" value="Division of property and debts" data_target_id="property_division_alert" data_reveal_target="true" %}<b>Division of property and debts</b></label></div>
@ -85,14 +86,12 @@
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/debtsAfterSeparation.php"target="_blank">Dealing with Debts After Separation</a></li>
{% if married_marriage_like != "Living together in a marriage like relationship" %}
<p>If you were <b>married</b>, you must apply to divide property within two years after you get an order for divorce.</p>
<p>If you were living in a <b>marriage-like relationship</b> for at least two years, you must apply within two years of the date you separated.</p>
<!-- TODO Confirm exact section to show -->
{% if married_marriage_like == "Living together in a marriage like relationship" %}
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<p>In order to be considered a spouse for the purpose of dividing property or debt you must have lived together in a marriage-like relationship for at least two years.</p>
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{% else %}
<p>If you were living in a <b>marriage-like relationship</b> for at least two years, you must apply within two years of the date you separated.</p>
<p>In order to be considered a spouse for the purpose of dividing property or debt you must have lived together in a marriage-like relationship for at least two years.</p>
{% endif %}
<p><em>For more information, please refer to the following fact sheets on the Legal Services Society website:</em></p>
<p>We've noticed that at this point in time you are not applying for spousal support and/or division of property, debt, or a pension. If you decide to request these items in the future there are some time limits.</p>
<h2>Division of Property and Debts</h2>
<p>If you were married, you must apply to divide property within two years after you get an order for divorce. If you were living in a marriage-like relationship for at least two years, you must apply within two years of the date you separated.</p>
<h2>Spousal Support</h2>
<p>If you were married, you must apply for spousal support under the Family Law Act within two years after you get an order for divorce. If you are applying for spousal support under the Divorce Act, you do not have a time limit.</p>
<p>If you were unmarried, and you qualify for spousal support, you must apply within two years of the date you separated.</p>
</div>
<divclass="checkbox"><label>{% input_field type="checkbox" name="want_which_orders" value="Child support" %}<b>Child support (Out of scope)</b></label></div>
<p>We've noticed that at this point in time you are not applying for spousal support and/or division of property, debt, or a pension. If you decide to request these items in the future there are some time limits.</p>
<h2>Division of Property and Debts</h2>
<p>If you were married, you must apply to divide property within two years after you get an order for divorce. If you were living in a marriage-like relationship for at least two years, you must apply within two years of the date you separated.</p>
<h2>Spousal Support</h2>
<p>If you were married, you must apply for spousal support under the Family Law Act within two years after you get an order for divorce. If you are applying for spousal support under the Divorce Act, you do not have a time limit.</p>
<p>If you were unmarried, and you qualify for spousal support, you must apply within two years of the date you separated.</p>
<p>An order is the record of the judge's decision. It is filed at the court registry. The parties involved in a case (or their lawyers) are responsible for writing out the order.
The judge or master who heard your case doesn't write the order. The court clerk doesn't write the order. (But in Provincial Court, court clerks do write out orders for unrepresented parties)..</p>
<p>More information on <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/allAboutCourtOrders.php"target="_blank">Court Orders</a> can be found on the Legal Services Society web site.</p>
<p>The Notice of Joint Family Claim has five schedules (or sections). You only have to fill out the schedules that relate to the order you're asking for.</p>
<p><ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_step2.php"target="_blank">(insert table from LSS web site)</a></p>
<p>An order is the record of the judge's decision. It is filed at the court registry.</p>
<p>
In Supreme Court, the parties involved in a case (or their lawyers) are responsible for telling the court the order(s) they want.
This is done by putting the details in writing in their application and in a draft of the order to be signed by the judge or master.
The judge or master who reviews the application will sign the order, if they approve it.
</p>
<p>Can we define "draft"? The term is referenced on Form F35 and would naturally fit in this explanation.</p>
<p>Define application<br/>
An application (request) to the Court for an order or judgment which occurs during the course of a court proceeding</p>
<p>
More information on <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/allAboutCourtOrders.php">Court Orders</a> can be found on the Legal Services Society website.
Charles Shin
8 years ago