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№ 77 Family Law

What Is a Desk Order Divorce in BC and Who Qualifies?

Learn what a desk order divorce is in British Columbia, who qualifies, and which forms the registrar and judge review before a divorce order is signed.

Family Law4 min readTSLBy the Treadstone Law Team · British ColumbiaUpdated November 6, 2026
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Key takeaways
  • A desk order divorce is decided on paper, without a court hearing, when the case is uncontested.
  • You still need a breakdown of the marriage, usually one year of separation, and reasonable arrangements for any children.
  • Forms such as the Form F35, F36 and F38 are reviewed, and the amended Form F38 took effect January 19, 2026.

You may have heard that some people get divorced in British Columbia without ever going to court. That is usually what people mean by a desk order divorce: a judge reviews your paperwork and signs the order without anyone appearing in a courtroom.

This article explains what that route means, who generally qualifies, and what documents are reviewed. Every family is different, so a lawyer can confirm whether it suits your situation.

This article covers the law of British Columbia.

What a desk order divorce means

A desk order divorce is an uncontested divorce, also called a desk-order divorce, where the court decides on the paperwork alone. In an undefended case where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise, so no hearing is needed.

Only the Supreme Court of British Columbia can grant a divorce in BC. A judge reviews the forms to make sure the decisions align with the law and signs the order if satisfied.

Who generally qualifies

Breakdown of the marriage is the only ground for divorce. It is usually shown by living separate and apart for at least one year immediately before the divorce is determined, and being separate at the start of the proceeding. Adultery or cruelty by the spouse being brought to court is an alternative, and the one-year wait does not apply when that ground is proven.

You or your spouse must have lived in BC for at least one year before the proceeding starts. Only one spouse needs to meet this.

Joint or sole application

A joint application is made by both spouses together, which removes the need to serve the other spouse. A divorce applied for by one spouse can still be uncontested if the other spouse does not respond after being served.

The Online Divorce Assistant is for joint divorces where both spouses agree on all family law issues 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.

The documents that are reviewed

Judgment is requested by filing a requisition in Form F35. The F35 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 is not required with the F35 if a response has been filed or the case is a joint family law case.

DocumentWhen it is needed
Form F38 Affidavit – Desk Order DivorceEvery desk order divorce
Child Support Affidavit (Form F37)If there is a child of the marriage or a child support claim
Form F102 statementIf corollary relief under the Divorce Act is sought

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. An amended Form F38 took effect January 19, 2026.

What to do next

Free help is available for people handling their own divorce, including Family Justice Centres, Justice Access Centres, the Parenting After Separation course and Legal Aid BC.

Frequently asked questions

Do I have to go to court for a desk order divorce?

Generally no. In an undefended case where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise. A judge reviews your forms instead.

Can I get a desk order divorce if my spouse will not sign anything?

Possibly. A sole application can still proceed as uncontested if your spouse is served and does not respond. If they do respond and disagree, the case is no longer a simple paper process.

Does a desk order divorce let me skip the one-year separation?

Not by itself. On the separation ground, the court will not grant a divorce until you have been separated for at least one year. The one-year wait does not apply if the divorce is based on adultery or cruelty, but that must have been committed by the spouse the proceeding is brought against.

Do children affect a desk order divorce?

Yes. The court must be satisfied that reasonable arrangements, including child support, have been made for any children of the marriage before it grants the divorce. A Child Support Affidavit is also needed if there is a child of the marriage.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. British Columbia laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in British Columbia. Reach us at 1-844-900-1070 or send our Team a message.

This is a family law question

An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.

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