Filing a Desk Order Desk Order Divorce in British Columbia

In British Columbia, you can finalize your divorce without going to court if your case qualifies as an undefended family law case. This process is commonly known as a Desk Order Divorce (“DOD”).

Below, we explain when you can apply for a DOD and what documents you’ll need to file under the Supreme Court Family Rules.

When Can You File a Desk Order Divorce?

You can apply for a DOD when your case is undefended. This means that there is no dispute for the court to decide.

Under the Supreme Court Family Rules, an “undefended family law case” means one of the following applies:

  • It’s a joint family law case, and no party has filed a notice of withdrawal;
  • No response to family claim has been filed;
  • A response was filed but later withdrawn or struck out;
  • Both a response and counterclaim were filed, but all pleadings (the claim, response, or counterclaim) have been withdrawn, struck out, discontinued, or dismissed; or
  • All issues other than divorce have been settled, and both parties (or their lawyers) have filed a statement confirming the settlement, leaving only the divorce itself to be finalized.

    In short:
    If your spouse hasn’t responded to your family claim or if every issue except the divorce has been resolved, you may qualify for a Desk Order Divorce.

    How to Apply for a Desk Order Divorce

    Once your case qualifies as undefended, you can bring your application under the Supreme Court Family Rules.

    You’ll need to prepare and file the following documents:

    • Requisition (Form F35): This is your formal request asking the court to make the divorce order
    • Draft Divorce Order: A proposed order for the judge to sign
    • Registrar’s Certificate (Form F36): This confirms that your court file and pleadings are in order
    • Proof That the Case Is Undefended: Evidence that no response was filed or that all issues are settled
    • Child Support Affidavit (Form F37): Required if there are children of the marriage or any child support claim
    • Affidavit in Support of Divorce (Form F38): Your sworn evidence supporting the divorce, including details about marriage, separation, and residency
    • Guardianship Affidavit (Form F101): Only required if you are seeking guardianship of one or more children as part of the application

      If you’re unsure whether your case qualifies as an undefended family law case, or if you need help preparing the necessary documents, contact us.

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