.png)
uncontested divorce
British Columbia has two types of proceedings for obtaining an uncontested divorce. At Legalbird we offer uncontested ‘sole’ and ‘joint’ divorce services.
An uncontested divorce in British Columbia (BC) is a legal process where both parties agree on all terms of the divorce, limiting the court’s role to primarily granting the divorce order. In this type of divorce, couples independently resolve all disputes related to the dissolution of their marriage, including child custody, spousal support, and division of property.
​
To obtain an uncontested divorce in BC, at least one spouse must have resided in the province for a minimum of one year. The process begins by filing a Notice of Family Claim form at the Supreme Court registry. If there are dependent children, care arrangements must be established and demonstrated. After serving the documents, there is a mandatory 31-day waiting period before requesting a divorce order. It is crucial to ensure all issues, such as property division, are resolved amicably. Court fees must also be paid.
​
It is important to note that the court can deny a divorce if the best interests of the children are not met. For comprehensive guidance through this procedure, consult our specialized team at Legalbird.
requirements for an uncontested divorce
To be granted an uncontested divorce in British Columbia, you and your spouse must meet several requirements. Below are the mandatory requirements and key information about the process:
1. Service Scope: The uncontested divorce service is intended for clients seeking only a change in marital status. If you need legal advice regarding the division of property, custody, or child/spousal support, contact us to arrange a consultation with one of our divorce lawyers.​​
2. Spousal Agreement: Ensure that your spouse will not contest the divorce (i.e., make claims against you). If there are any unresolved issues related to custody, support, or property division, contact us for a consultation to understand your potential rights, obligations, and options.​​
3. Service of Documents: According to British Columbia law, your spouse must be served with a filed copy of the Notice of Family Claim (this step does not apply to joint divorces). The Notice of Family Claim must be served in person. Our firm will arrange the service of divorce documents upon your spouse. If your spouse’s whereabouts are unknown, we can still assist in obtaining the divorce; however, we may need to file an application for alternative/substitute service.
4. Residency Requirement: Under the Divorce Act, either you or your spouse must have resided in British Columbia for at least 12 months before commencing the uncontested divorce process and must continue to reside in BC throughout the process. You do not need to be a Canadian citizen or permanent resident to obtain an uncontested divorce in British Columbia.​
5. Child Support: Child support must be paid (or agreed to be paid) in accordance with the Federal Child Support Guidelines. A formal written agreement or court order addressing child support is not required; however, you will need to sign an affidavit (sworn statement) detailing the child support arrangements.
​
benefits and drawbacks of an uncontested divorce
benefits
An uncontested divorce in British Columbia offers numerous benefits. It is a quick and straightforward process, significantly reducing the time and stress typically associated with divorce. The legal costs are much lower compared to a contested divorce, as there are no court appearances required, and both parties can avoid lengthy legal battles. Additionally, fewer details of the marriage are published in court documents, preserving privacy for both parties. With no disputes between the parties, the likelihood of the divorce being challenged later is minimal, allowing both individuals to move forward amicably.
drawbacks
Uncontested divorces are not suitable for high-conflict situations or cases involving complex financial matters. The success of an uncontested divorce heavily relies on the ability of both parties to communicate effectively and negotiate fairly. Without these, unresolved issues may arise. Therefore, seeking legal advice before proceeding is crucial to ensure that individual rights and interests are safeguarded.
the procedure of uncontested divorce in British Columbia
The divorce proceedings set into motion by filing the ‘Notice of Family Claim‘ form before the Supreme Court of British Columbia, which is the primary document to initiate the divorce proceedings. This form outlines the claims being made by the party filing for divorce, including details about the marriage, the grounds for divorce, and any issues related to child custody, spousal support, and property division.
The ‘Affidavit – Desk Order Divorce‘ and the ‘Child Support Affidavit‘ forms (if you and your spouse have children) follow next. These affidavits offer sworn statements verifying the facts contained in the Notice of Family Claim and any child support agreements. The Requisition form is a request to the court to put the divorce into process
Lastly, a draft Final Order is required. It is a proposed version of the divorce order the applicant is asking the court to grant. A Certificate of Pleadings, confirming that all documents have been properly served and filed, and no changes have been made, concludes the necessary documentation process for an uncontested divorce in BC.
is it possible for an uncontested divorce to become contested?
An uncontested divorce in British Columbia can become contested very easily. If one spouse tries to proceed with a simple divorce and the respondent files their Response to Family Claim with other claims, you then move your application into being a contested divorce. Things like child custody, spousal support, and division of property are all common areas where disputes and claims are made. It is best to approach the court with a separation agreement beforehand. This way, matters such as those mentioned and others are fully settled. If this isn’t possible, there is a risk that should your former spouse desire; the uncontested divorce could become contested.
what's next?
Did you know that over 90% of Desk Order Divorce Applications in British Columbia are rejected by the Courts? The most common reasons include incomplete paperwork, improper legal procedures, and incorrect wording.
If you're a resident of Surrey, Delta, Abbotsford, or the Lower Mainland and considering filing for a desk order divorce, we strongly recommend seeking professional legal assistance. At Legalbird, our experienced team offers strategic and reliable advice to guide you through every aspect of your divorce, ensuring your application is thorough and meets all legal requirements.