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Below you will find a step-by-step guide to help you process your divorce. Please make sure to read through each section carefully and remember to take your time.
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Before you begin
Before you get started on the DIY Divorce Kit, here's some information about the forms you'll be filling out below and where you can find them. There will be sections of the DIY Divorce Kit that refer to filling out forms. These forms are located on the Government of BC website.
The link for these forms is located here.
You will also find this icon located every time there is a new form to fill out.
This is what the website will look like when you click on the link, simply scroll down and you'll see the forms.
We reference each form with the number it's given.
Example: The form for Desk Order Divorce is F38. Once you scroll down the Government of BC website you'll be able to locate the form.
TIP! Some computers let you use "command f" or "control f" as a way to "find" what you're looking for on the website. If your computer does allow this then you can simply type in the file you are looking for and it will show you it on your screen.
If at some point you have trouble accessing any of the forms from the Government of BC website please reference this link here.
Problems downloading the forms?
There may be some forms that you get from another area of the Government of BC website, so make sure to click the button we've provided to go to the right place.
Documents Required
1. Original Marriage Certificate from Vital Statistics (cost $27) or a Certified True Copy of Marriage Registration
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If your marriage certificate is in a different language there are extra requirements that this course will not cover. You can speak to a lawyer to determine the steps you need to take.
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If you don't currently have your marriage certificate
Note:
2. Copy of your Separation Agreement
3. Recent Photo of Other Party (for service)
4. Change of Name Form, if applicable
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If you don't have a copy of your change of name certificate
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File the Completed Forms at the SCBC Registry
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File the original plus 3 sets of the completed Notice of Family Claim (NOFC). The Court will keep the original, 1 copy is for you, 1 copy is for personal service and 1 copy is for the Affidavit of Service.
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File the original plus 1 copy of the completed Registration of Divorce Proceedings. The Court will keep the original and 1 copy is for you. It does not need to be served on the other party.
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File the original plus 1 copy of the Marriage Certificate. The Court will keep the original and 1 copy is for you. It does not need to be served on the other party.
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You will want to bring your own copies to the Court. If you do not, and they need to make copies for you, the Court charges $1/page for photocopies.
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$200 for the NOFC
Note about court filing fees:
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$10 for the Registration of Divorce
Proceedings
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Non-taxable.
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The registry only accepts debit or cash – no credit cards.
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Serve the Filed Notice of Family Claim
nofc = notice of family claim
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We highly recommend you hire a process server to serve your former spouse
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You'll need to provide the server with the following:
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2 copies of the filed NOFC form
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Other party’s photo in case they don’t provide photo ID upon service
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Other party’s contact information (address, telephone, email)
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The process server will provide you with an Affidavit of Service after the service has taken place
There are options for you to apply to the court if you haven't been able to serve your spouse. You need to speak to a lawyer if this occurs.
Note:
What if I can’t personally serve my former spouse?
Sometimes it isn’t possible to serve the other party. There could be several reasons for this: you’ve been out of touch with them and have no current contact information, you don’t know where they live, or they are avoiding the process server.
In these cases, you can apply to the court for an order for “alternative service”. This means that the court will allow you to serve the documents differently than what the rules for personal service state. Before making the order, you will need to demonstrate that you have made a reasonable effort to find and serve that person.
If you are having problems with personal service, you should speak to a family lawyer who can advise you on the best way to seek alternative service in your situation.
Use the link provided for more information on alternative service
The outcome of this can go two ways.
You can proceed if.
The other party does NOT respond to the NOFC within 30 days OR if they file a response to the family claim AGREEING with the divorce.
you cannot proceed if.
The other party responds and disagrees with the divorce as the divorce is no longer uncontested.
Note: wait 30 days AFTER SERVICE.
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Form F36 -– Certificate of Pleadings
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Form F38 – Affidavit – Desk Order Divorce
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Form F52 – Draft Final Order
Note: Form F15, F37 and F38 are affidavits and must be sworn in front of a notary, lawyer, a commissioner for taking affidavits in BC, or at the court registry for a fee. After you've had the affidavits sworn you will need to make a copy of the affidavits and the other forms you have filled out.
Fill Out the 2nd Set of Court Forms
Note: Do not swear your affidavits until the 30 days have elapsed.
If the 30th day lands on a weekend or stat, you need to go to the next day (the 30th day can never end on a weekend or stat. If it falls on a weekend or stat, the 30th day will be the next business day).
The next step is to fill out the following forms, we have provided samples of the forms to show you what needs to be prepared. Click on the pink text to see the samples.
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Form F15 -- Affidavit of Personal Service of the NOFC
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Form F35 – Requisition for undefended divorce proceeding (final order)
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Form F37 – Child Support Affidavit (if there are dependent children)
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Attach Separation Agreement/Court Child Support Order as an Exhibit to the F37 Child Support Affidavit
An affidavit is a legal document that contains a sworn statement of facts relevant to a particular legal matter. It is used as evidence in court or to support other legal proceedings.
FAQ- What is an affidavit?
File the 2nd set of completed forms at the court registry
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You must attend the same registry where you filed your NOFC
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The registry staff will review the documents, stamp the originals and copies, and take payment. You will retain the copies.
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Contact registry after 4 – 6 weeks to see if the Divorce Order has been signed and is ready for pickup (*note: the registry will not contact you)
* There will be an $80 filing fee
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If there are any issues with the documents, the court will send a Registry Notice setting out what the deficiencies are. When resubmitting the package after the registry’s issues are fixed, you will also need to ensure that a copy of the court’s Registry Notice is submitted along with the fixed documents.
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You need to be sure your address on file at the court remains updated…. i.e. if you move, you will need to update your address or you won't receive any communications from the court at all.
Notes:
Pick Up a Copy of the Divorce Order
You can do this at the same location that you filed it.
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Keep a copy of the divorce order for safekeeping.
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The divorce is effective 31 days after the date of the Order.
Provide a Copy of Divorce Order to the other person
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You need to provide a copy of the divorce to order to the other party ASAP. You can do this by regular mail, email, or whichever way you normally communicate/exchange documents with them.
