+ Court File No.: +
++ Court Registry: {% if responses.court_registry_for_filing %} {{ responses.court_registry_for_filing }} {% else %} {% endif %} +
++ In the Supreme Court of British Columbia +
++ Claimant 1: {{ responses.name_you }} +
++ Claimant 2: {{ responses.name_spouse }} +
++ [Check the correct box(es) and complete the required information .] +
+ +| Claimant 1 and Claimant 2: | +|
| began to live together in a marriage-like relationship on [dd/mm/yyyy] | +{% if responses.when_were_you_live_married_like %} {{ responses.when_were_you_live_married_like }} {% else %} {% endif %} | +
| were married on [dd/mm/yyyy] | +{% if responses.when_were_you_married %} {{ responses.when_were_you_married }} {% else %} {% endif %} | +
| separated on | +{% if responses.separation_date %} {{ responses.separation_date }} {% else %} [dd/mmm/yyyy]{% endif %} | +
| were divorced from each other by order made on [dd/mm/yyyy] | ++ |
| were never married | ++ |
[ Complete if you are asking for a divorce order.] +
+| Claimant 1 and Claimant 2 are asking for a divorce order. | +||
| A Personal information: | +||
| + | Claimant 1 | +Claimant 2 | +
| Birthdate: [dd/mm/yyyy] | +{% if responses.birthday_you %} {{ responses.birthday_you }} {% else %} {% endif %} | +{% if responses.birthday_spouse %} {{ responses.birthday_spouse }} {% else %} {% endif %} | +
| Ordinarily resident in British Columbia since: [dd/mm/yyyy] | +{% if responses.lived_in_bc_you == 'Since birth' %} {{ responses.birthday_you }} + {% elif responses.lived_in_bc_you == 'Moved to British Columbia on' %} {{ responses.moved_to_bc_date_you }} + {% elif responses.lived_in_bc_you == 'Do not live in British Columbia' %} {{ responses.lived_in_bc_you }} + {% else %} {% endif %} | +{% if responses.lived_in_bc_spouse == 'Since birth' %} {{ responses.birthday_spouse }} + {% elif responses.lived_in_bc_spouse == 'Moved to British Columbia on' %} {{ responses.moved_to_bc_date_spouse }} + {% elif responses.lived_in_bc_spouse == 'Do not live in British Columbia' %} {{ responses.lived_in_bc_spouse }} + {% else %} {% endif %} | +
| Surname at birth: | +{% if responses.last_name_born_you %} {{ responses.last_name_born_you }} {% else %} {% endif %} | +{% if responses.last_name_born_spouse %} {{ responses.last_name_born_spouse }} {% else %} {% endif %} | +
| Surname immediately before marriage: | +{% if responses.last_name_before_married_you %} {{ responses.last_name_before_married_you }} {% else %} {% endif %} | +{% if responses.last_name_before_married_spouse %} {{ responses.last_name_before_married_spouse }} {% else %} {% endif %} | +
| Marital status immediately before marriage: | +
+ never married +divorced +widowed + |
+
+ never married +divorced +widowed + |
+
| Place of marriage: [city or town; province or state; country] | +{% if responses.where_were_you_married_city and responses.where_were_you_married_prov and responses.where_were_you_married_country %} + {{responses.where_were_you_married_city}}; {{responses.where_were_you_married_prov}}; + {% if responses.where_were_you_married_country == 'Other' %} {{ responses.where_were_you_married_other_country }} + {% else %} {{responses.where_were_you_married_country}}{% endif %} + {% else %} {% endif %} | +|
| B Grounds for claim for divorce: [If divorce is claimed as a result of having lived separate and apart, complete paragraph (i).] |
+ |
| (i) Claimant 1 and Claimant 2 have lived separate and apart since {% if responses.separation_date %} {{ responses.separation_date }} {% else %} [dd/mm/yyyy]{% endif %} | +|
| AND [Check whichever one of the following boxes is correct and complete any required information.] |
+ |
| Claimant 1 and Claimant 2 have not lived together since then | +|
| Claimant 1 and Claimant 2 have lived together again during the following period(s), in an unsuccessful attempt to reconcile: [give dates of period(s)] | +|
From: From: From: |
+ to: to: to: |
+
| [If divorce is claimed on grounds other than having lived separate and apart, complete paragraph (ii) by checking both of the following boxes and completing the required information.] | +|
| (ii) Other grounds , under section 8 (2) (b) of the Divorce Act (Canada):
+ [state the grounds] + |
+ |
| AND There has been no condonation of any act relied on under section 8 (2) (b) of the Divorce Act (Canada) as a ground for divorce. |
+ |
| C Claimant 1 and Claimant 2 confirm that: [Check both of the following boxes.] | +|
| There is no possibility of reconciliation. | +|
| There has been no collusion, as defined in section 11 (4) of the Divorce Act (Canada), in relation to this claim for divorce. | +
| D Proof of marriage: [Check whichever one of the following boxes is correct and complete any required information.] |
+ |
| A certificate of marriage or registration of marriage has been filed. | +|
| A certificate of marriage or registration of marriage is not being filed with this notice of joint family claim because
+ {% if responses.provide_certificate_later_reason and responses.original_marriage_certificate == 'NO' and responses.provide_certificate_later == 'YES' %} {{ responses.provide_certificate_later_reason }} {% else %} {% endif %}
+ [state the reasons] +and the certificate will be filed before this claim is set down for trial or an application is made for an order of divorce. + |
+ |
| It is impossible to obtain a certificate of marriage or registration of marriage because:
+ {% if responses.not_provide_certificate_reason and responses.original_marriage_certificate == 'NO' and not responses.provide_certificate_later == 'YES' %} {{ responses.not_provide_certificate_reason }} {% else %} {% endif %}
+ [state the reasons] + |
+
+ [Complete section 3 if you are asking for an order in relation to children.] +
+| Children: [Check whichever one of the following boxes is correct and complete any required information.] | +|||||||||||||||
| There are no children of the marriage, as defined by the Divorce Act (Canada), or children of whom Claimant 1 and Claimant 2 are parents within the meaning of the Family Law Act . | +|||||||||||||||
| [OR] | +|||||||||||||||
| There are children of the marriage, as defined by the Divorce Act (Canada), or children of whom Claimant 1 and Claimant 2 are parents within the meaning of the Family Law Act , and those children are: | +|||||||||||||||
+
|
+
+ |||||||||||||||
+ [Complete section 4 for those children in relation to whom you are asking for an order.] +
+| A Claimant 1 and Claimant 2 are asking for the following order respecting arrangements for parenting or contact:
+ + [set out terms of proposed order] + + |
+
| B Claimant 1 and Claimant 2 are asking for an order for child support as follows:
+ + [set out terms of proposed order] + + |
+
| C Claimant 1 and Claimant 2 are asking for the orders under paragraphs A and B of this section under the following statute(s): [Check one or both of the following boxes, as applicable.] | +
| the Divorce Act (Canada) the Family Law Act | +
+ [Complete section 5 if you are asking for an order for spousal support.] +
+| Claimant 1 and Claimant 2 are asking for an order for spousal support as follows:
+ {% if responses.spouse_support_details %} {{responses.spouse_support_details }} {% else %} {% endif %}
+ + [set out terms of proposed order] + + |
+
| Claimant 1 and Claimant 2 are asking for an order for spousal support under [Check one or both of the following boxes, as applicable.] | +
| the Divorce Act (Canada) + the Family Law Act | +
+ [Complete section 6 if you are asking for an order in relation to property or debt.] +
+| A Property claims under the Family Law Act | +
| Claimant 1 and Claimant 2 are asking for an order for: [Check whichever one of the following boxes is correct and complete any required information in relation to family property and family debt, as those terms are defined in the Family Law Act.] |
+
| an equal division of family property and family debt | +
| an unequal division of family property and family debt as follows:
+ + [set out details of proposed division] + + |
+
| B Other property claims | +
| Claimant 1 and Claimant 2 ask for an order respecting an interest in property or for compensation instead of an interest in that property, as follows: + | +
+ [Complete section 7 if you are asking for any other order.] +
+| Claimant 1 and Claimant 2 are asking for an order in the following terms:
+ + [set out terms of proposed order] + + |
+
+ [Set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.] +
+|
+ Claimant 1: + {% if responses.address_to_send_official_document_street and responses.address_to_send_official_document_city and responses.address_to_send_official_document_prov and responses.address_to_send_official_document_country %} + {{ responses.address_to_send_official_document_street }}, {{ responses.address_to_send_official_document_city }}, {{ responses.address_to_send_official_document_prov }}, + {% if responses.address_to_send_official_document_country == 'Other' %} {{ responses.address_to_send_official_document_other_country }} {% else %} {{ responses.address_to_send_official_document_country }} {% endif %} {% else %} {% endif %} +Fax (optional) {% if responses.address_to_send_official_document_fax %} {{ responses.address_to_send_official_document_fax }} {% else %} {% endif %} +E-mail (optional) {% if responses.address_to_send_official_document_email %} {{ responses.address_to_send_official_document_email }} {% else %} {% endif %} + |
+
+ Claimant 2: +Fax (optional) +E-mail (optional) + |
+
| Date: [dd/mm/yyyy] | +
+ + Signature of + ++ Claimant 1 lawyer for Claimant 1 + +
+ |
+
| Date: [dd/mm/yyyy] | +
+ + Signature of + ++ Claimant 2 lawyer for Claimant 2 + +
+ |
+
+ If in this family law case a claim is made under the Family Law Act and one or both of the parties is represented by a lawyer, each of the lawyers must complete a certificate in the following form. +
++ LAWYER'S CERTIFICATE ( Family Law Act , s. 8 (2)) +
++ I, , lawyer for [name of party] +
+certify that, in accordance with section 8 (2) of the Family Law Act , I have +
++ (a) discussed with the party the advisability of using various types of family dispute resolution to resolve the matter, and +
++ (b) informed the party of the facilities and other resources, known to me, that may be available to assist in resolving the dispute. +
+| Date: [dd/mm/yyyy] | +
+ + Signature of lawyer + +
+ |
+
+ The following certificate must be completed for each party to a divorce claim who is represented by a lawyer. +
+
+ I, , lawyer for [name of party],
certify that I have complied with section 9 of the Divorce Act (Canada), which
+ says:
+
+ 9 (1) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding +
++ (a) to draw to the attention of the spouse the provisions of this Act that have as their object the reconciliation of spouses, and +
++ (b) to discuss with the spouse the possibility of the reconciliation of the spouses and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve a reconciliation, unless + the circumstances of the case are of such a nature that it would clearly not be appropriate to do so. +
++ (2) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of a spouse in a divorce proceeding to discuss with the spouse the advisability of negotiating the matters that may be the subject of a support order + or a custody order and to inform the spouse of the mediation facilities known to him or her that might be able to assist the spouses in negotiating those matters. +
+| Date: [dd/mm/yyyy] | +
+ + Signature of lawyer + +
+ |
+
+ Court File No.: +
++ Court Registry: {% if responses.court_registry_for_filing %} {{ responses.court_registry_for_filing }} {% else %} {% endif %} +
++ In the Supreme Court of British Columbia +
++ Claimant 1: {% if responses.name_you %} {{ responses.name_you }} {% else %} {% endif %} +
++ Claimant 2: {% if responses.name_spouse %} {{ responses.name_spouse }} {% else %} {% endif %} +
++ [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] +
+ ++ Filed by: [party(ies)] +
++ Filed by: [party(ies)] +
++ Required: final order, without a hearing, in the form attached +
++ FILED WITH THIS REQUISITION ARE: +
++ [Check all of the following boxes and file the following with this requisition.] +
++ draft of the order sought; +
++ proof that the case is an undefended family law case; +
++ certificate of the registrar in Form F36; +
++ filing fee. +
++ [Check the following box and file the following with this requisition unless a response to family claim or response to counterclaim has been filed or unless this case is a joint family law case within the meaning of Rule 2-2 of the Supreme Court Family Rules.] +
++ proof of service of the notice of family claim or counterclaim, as the case may be. +
++ [Check the following box and file the following document with this requisition if +
++ (a) the family law case includes a claim for divorce and the notice of family claim, response to family claim, counterclaim or response to counterclaim identifies a child of the marriage within the meaning of the Divorce Act (Canada), + or + +
++ (b) the family law case includes a claim for child support.] +
++ Child Support Affidavit in Form F37. +
++ [Check the following box and file the following document with this requisition if a divorce is sought.] +
++ affidavit in Form F38. +
++
+| Date: [dd/mmm/yyyy] | + Signature of filing party lawyer for filing party(ies) |
+
+ [type or print name] +
+ ++ Court File No.: +
++ Court Registry: {% if responses.court_registry_for_filing %} {{ responses.court_registry_for_filing }} {% else %} {% endif %} +
++ In the Supreme Court of British Columbia +
++ Claimant 1: {% if responses.name_you %} {{ responses.name_you }} {% else %} {% endif %} +
++ Claimant 2: {% if responses.name_spouse %} {{ responses.name_spouse }} {% else %} {% endif %} +
+|
+ + [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] + + +
+ I CERTIFY the pleadings and proceedings in this family law case are in order |
+ |
| Date: [dd/mmm/yyyy] | + Registrar |
+
+ This is the [1st/2nd/3rd/etc.] affidavit +
++ of [name] in this case +
++ and was made on [dd/mmm/yyyy] +
++ Court File No.: +
++ Court Registry: +
++ In the Supreme Court of British Columbia +
++ Claimant: +
++ Claimant 1 [joint family law case]: +
++ Respondent: +
++ Claimant 2 [joint family law case]: +
++ AFFIDAVIT - DESK ORDER DIVORCE +
++ [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] +
++ [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.] +
++ I, [name], of [address], [occupation], SWEAR (OR AFFIRM) THAT: +
++ 1 I am [the claimant/the respondent/Claimant 1/Claimant 2]. +
++ 2 There is no possibility of reconciliation between my spouse and me. +
++ [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.] +
++ 3 I believe that the facts set out in the notice of family claim are true. +
++ 3 I believe that the facts set out in the response to family claim and counterclaim are true. +
++ [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.] +
++ 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. +
++ 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 Evidence Act, I refer to the affidavit of [name], + a person who was present at the marriage ceremony, which affidavit is filed in this family law case. +
++ [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.] +
++ 5 [Select this provision if the grounds for divorce are separation for more than one year.] 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 + [dd/mmm/yyyy] , except: [provide dates of any periods of attempted reconciliation]. +
++ 5 [Select this provision if the grounds for divorce are adultery of a spouse and there has been an admission of adultery.] My spouse has admitted to me that [he/she] committed the acts of adultery alleged in Schedule + 1 of the [notice of family claim/counterclaim] and +
++ (a) as corroboration I refer to [Set out whichever one of the following is applicable: the affidavit(s) of [name(s)], / the transcript of the examination for discovery of [name] + marked as Exhibit "A" to this affidavit ] , +
++ (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. +
++ 5 [Select this provision if the grounds for divorce are adultery of a spouse and there has been no admission of adultery.] I have no personal knowledge of the acts of adultery alleged in Schedule 1 of the [notice of family claim/counterclaim] + and +
++ (a) in proof of the adultery committed by my spouse I refer to [Set out whichever one of the following is applicable: the affidavit(s) of [name(s)] , / the transcript of the examination + for discovery of [name] marked as Exhibit "A" to this affidavit] , +
++ (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. +
++ 5 [Select this provision if the grounds for divorce are physical or mental cruelty of a spouse.] My spouse has treated me with physical or mental cruelty since the date of the marriage as follows: [provide details] +
++ 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. +
++ [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.] +
++ 7 There are no children of the marriage as defined by the Divorce Act (Canada). +
++ 7 There are children of the marriage as defined by the Divorce Act (Canada) and +
++ (a) those children are [provide the full name, age and birth date of each child of the marriage] , +
++ (b) I have sworn a child support affidavit in Form F37, and +
++ (c) the following arrangements for parenting have been made: [provide details] . +
++ [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.] +
++ 8 Pursuant to section 5 of the Name Act, I am seeking to change my name from to . This application for a name change relates only to myself. +
++ [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.] +
++ 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 [name] + who is/are [relationship to child(ren)] is/are attached to this affidavit and marked as Exhibit(s) [A, B, C, D, as the case may be]. [Complete the following for each minor child of the marriage for whom a name change is sought.] +
++ from to: +
+| SWORN (OR AFFIRMED) BEFORE | +) | ++ |
| ME at , British Columbia | +) | ++ |
| on [dd/mmm/yyyy] . | +) | ++ |
| + | ) | ++ |
| + | ) | ++ |
| A commissioner for taking | +) | ++ |
| affidavits for British Columbia | +) | ++ |
+ [print name or affix stamp of commissioner] +
+ ++ Court File No.: +
++ Court Registry: +
++ In the Supreme Court of British Columbia +
++ Claimant: +
++ Respondent: +
++ [Rule 21-1 of the Supreme Court Family Rules applies to all forms.] +
+ + ++ [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.] +
+| THE HONOURABLE JUSTICE or A JUDGE OF THE COURT or MASTER or A MASTER OF THE COURT | ++ [dd/mm/yyyy] + | +
+ [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.] +
++ This family law case coming on for trial at , on [dd/mmm/yyyy], and on hearing , [add the following if applicable: the lawyer for] the claimant and , + [add the following if applicable: the lawyer for] the respondent, and on considering the evidence put forward [add the following if applicable: AND JUDGMENT being reserved to this date]; +
++ This family law case coming on for hearing at on [dd/mmm/yyyy] and on hearing [name of party/lawyer] and [name of party/lawyer], + and on considering the evidence put forward; +
++ This family law case coming on for summary trial under Rule 11-3 of the Supreme Court Family Rules at on [dd/mmm/yyyy], and on hearing [name of party/lawyer] and [name of party/lawyer], + and on considering the evidence put forward; +
++ 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; +
++ THIS COURT ORDERS that +
++ [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.] +
++ Subject to section 12 of the Divorce Act (Canada), the claimant, [name], and the respondent, [name], who were married at [place] + on [dd/mmm/yyyy], are divorced from each other, the divorce to take effect on the 31st day after the date of this order. +
++ Subject to section 12 of the Divorce Act (Canada), the claimant, [name], and the respondent, [name], who were married at [place] + on [dd/mmm/yyyy], are divorced from each other, the divorce to take effect on [dd/mmm/yyyy]. +
++ THIS COURT ORDERS that +
++ [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.] +
++ 1 +
++ 2 +
++ 3 +
++ THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT: +
++ [A signature line in the following form must be completed and signed by or for each approving party.] +
+|
+
+ + [type or print name] + + |
+
+
+ + [type or print name] + + |
+
| + + | +
+ + By the Court. + +
+ |
+