What Is a Desk Order Divorce in British Columbia?

You may have heard that a divorce can be granted by a desk order, meaning no courtroom visit. That is accurate in many straightforward cases, but it still involves careful paperwork.

This article explains what a desk order divorce is, who it generally suits, and the documents involved in British Columbia. Forms change from time to time, so confirm the current versions before you file.

This article covers the law of British Columbia.

What a desk order divorce means

With a desk order, you complete forms stating what you and your spouse agreed. A judge reviews them to make sure the decisions align with the law and signs the order if satisfied.

The name for a joint application route is an uncontested or desk-order divorce. In an undefended case where divorce is sought, evidence may be given by affidavit unless the court orders otherwise, so no hearing is needed.

Who generally qualifies

The case needs to be uncontested. That can happen in two ways: both spouses apply together in a joint application, or one spouse applies and the other does not respond after being served.

• The marriage has broken down, usually shown by at least one year living separate and apart, or by adultery or cruelty by the spouse against whom the proceeding is brought.
• At least one spouse has been habitually resident in British Columbia for a year immediately before the proceeding starts.
• Reasonable arrangements have been made for any children, including child support.

If you disagree on family law issues such as parenting, support or property, or a spouse will not apply jointly, you need the court's other forms or a sole filing.

The documents that are submitted

A divorce is started by filing a Notice of Family Claim (Form F3) in the Supreme Court registry. To then ask for judgment in an undefended case, you file a requisition in Form F35. That requisition lists what goes with it: a draft order, proof the case is undefended, the registrar's certificate in Form F36 (Certificate of Pleadings), and the filing fee.

Proof of service of the notice of family claim is not required with the F35 if a response has been filed or the case is a joint family law case.

Two timing points matter. Practice Direction FPD-17 says the Form F38 affidavit must be sworn within 30 days of filing the application unless the court allows an earlier affidavit, and the registrar will not sign Form F36 until irregularities are fixed. Also, an amended Form F38 took effect January 19, 2026, so use the current form.

Costs and fee help

A family law case is commenced for a fee of $200 under Schedule 1 of Appendix C of the Supreme Court Family Rules. That amount can be adjusted over time, so confirm it with the registry. A person who provides a Form F100 certificate of mediation from a qualified mediator at filing may not need to pay that filing fee, subject to conditions.

If you serve by sheriff, the fee is $100 to serve one person. The court may also order that no Schedule 1 government fees are payable by a person who receives benefits under the Employment and Assistance Act or who cannot, without undue hardship, afford them. To apply you file a requisition in Form F17, a draft order in Form F85 and an affidavit in Form F86. A waiver is not available where the claim or defence discloses no reasonable claim or defence, or is scandalous, frivolous, vexatious or an abuse of process.

What to do next

• Confirm that your case is joint or likely to be undefended.
• Collect your separation date, residency details and children's information.
• Make sure you are using the current versions of all the forms before you fill them in, including the amended Form F38 that took effect January 19, 2026.
• Time the swearing of your Form F38 affidavit within 30 days of filing.
• Mark the 31st day after judgment, which is when the divorce takes effect and you may remarry.

If anything is unclear, such as how to handle corollary relief or a missing spouse, a lawyer can review your forms before you file.

Frequently asked questions