- A joint application is made by both spouses together, which removes the need to serve the other spouse.
- A sole application can still be uncontested if the other spouse is served and does not respond.
- A divorce takes effect on the thirty-first day after the judgment is rendered, and you cannot remarry until that period has passed.
If you and your spouse agree that the marriage is over and agree on the practical issues, you probably want the simplest route to a divorce order. In British Columbia, the word "uncontested" covers more than one path, and picking the right one saves time and frustration.
This article explains the difference between a joint filing and a sole filing that goes undefended, the main forms for each, and what happens after the order is made. Your circumstances may call for something different, so a lawyer can confirm what suits you.
This article covers the law of British Columbia.
Joint or sole: what is the difference?
A joint application is made by both spouses together. Because you file together, there is no need to serve the other spouse, and this route is also called an uncontested or desk-order divorce.
A divorce applied for by one spouse can still proceed as uncontested (undefended) if the other spouse does not respond after being served.
| Joint application | Sole application | |
|---|---|---|
| Who files | Both spouses together | One spouse |
| Serving the other spouse | Not needed | Needed, by personal service unless the court orders otherwise |
| Uncontested when | You apply together | The other spouse does not respond after being served |
The tools and forms for a joint divorce
The Online Divorce Assistant (justice.gov.bc.ca/divorce) is for joint divorces where both spouses agree on all family law issues that affect the family and only need a divorce order. It does not fit couples who disagree on issues such as parenting, support or property, or a spouse who will not apply jointly. Those cases need the court's other forms or a sole filing.
Divorce proceedings are started by filing a Notice of Family Claim in the Supreme Court registry, and a family law case is commenced for a fee of $200. A person filing need not pay that fee if they provide a Form F100 certificate of mediation from a qualified mediator at filing, subject to conditions. Fees can change, so confirm the current amount with the registry.
If money is tight, the court may order that no government fees are payable if you receive benefits under the Employment and Assistance Act or cannot afford the fees without undue hardship. A waiver is not available where the court finds the claim or defence discloses no reasonable claim or defence, is scandalous, frivolous or vexatious, or is otherwise an abuse of the process of the court. The application uses a requisition in Form F17, a draft order in Form F85 and an affidavit in Form F86.
Steps for a sole uncontested divorce
- File the Notice of Family Claim in the Supreme Court registry.
- Have someone who is not a party and is at least 19 serve your spouse personally. You cannot serve them yourself.
- Wait for your spouse's response. They have 30 days after being served to file a response to family claim (Form F4).
- If no response is filed, apply for judgment as an undefended case by filing a requisition in Form F35.
- Prove service, by an affidavit of personal service in Form F15 or by the respondent filing a response.
In an undefended case where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise.
The paperwork for the final order
Form F35 is filed with a draft order, proof the case is undefended, the registrar's certificate in Form F36 and the filing fee. Proof of service is not required with the F35 if a response has been filed or the case is a joint family law case.
A desk order divorce also needs the Form F38 Affidavit – Desk Order Divorce, a Child Support Affidavit (Form F37) if there is a child of the marriage or a child support claim, and a Form F102 statement if corollary relief under the Divorce Act is sought. The F38 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. An amended Form F38 took effect January 19, 2026, so use the current version.
The court must be satisfied that reasonable arrangements have been made for any children, including child support, before granting the divorce. The judge also reviews the forms to make sure what you agreed aligns with the law.
After the order: when it takes effect
A divorce takes effect on the thirty-first day after the day the judgment is rendered. It becomes final automatically at that point if no appeal is filed, and you cannot remarry until then. The court may order an earlier effective date if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned.
To get a Certificate of Divorce, attend the Supreme Court registry where the divorce was filed, or mail a request to it, after 31 days have passed. The fee is $40 in person, or $50 by cheque or money order payable to the Minister of Finance if you mail the request. If the divorce was granted 10 or more years ago, you may need a copy of the order from BC Archives.
- Decide whether you can file jointly or need a sole filing
- Check that you meet the residency and separation requirements
- Agree in writing on parenting, support and property before you file
- Download the current forms and check you have the latest Form F38
- Calendar the 30-day and 31-day periods
- Ask a lawyer if anything is unclear or contested
Frequently asked questions
Do we have to serve each other in a joint divorce?
No. A joint application is made by both spouses together, which eliminates the need to serve the other spouse.
Can I use the Online Divorce Assistant if we disagree about property?
No. It is for joint divorces where both spouses agree on all family law issues that affect the family and only need a divorce order. Couples who disagree need the court's other forms or a sole filing.
Do we need to go to court for an uncontested divorce?
Often not. In an undefended case where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise. A desk (consent) order is reviewed by a judge, who signs it if satisfied.
When can I remarry after the divorce order is made?
A divorce takes effect on the thirty-first day after the judgment is rendered, and you cannot remarry until that period has passed. The court may shorten it in special circumstances if the spouses agree not to appeal or any appeal has been abandoned.
Sources
- Province of BC – What do I need to know about getting a divorce? — www2.gov.bc.ca
- Supreme Court Family Rules, Appendix C, Schedule 1 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Rule 20-5 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Rule 4-3 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Rule 10-10 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Form F35 — bclaws.gov.bc.ca
- BC Supreme Court Practice Direction FPD-17 — bccourts.ca
- BC Laws – Form F38 Affidavit – Desk Order Divorce — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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