Desk Order Divorce: A Simpler Divorce

The Covid-19 pandemic and related lockdowns unfortunately resulted in a wave of divorces in British Columbia and around the world. In British Columbia, couples who already agree on the terms of their divorce can file for a desk order divorce. This saves the couple from having to appear in front of a judge to obtain a divorce order.

What Do I Need to Prepare for a Desk Order Divorce?

A desk order divorce is can be a good option for many couples seeking divorce. It can save them from dealing with some of the most inconvenient parts of the traditional divorce process. However, couples need to come prepared in order to reap the benefits of a desk order divorce. In British Columbia, the vast majority of desk order divorce applications are rejected by the courts. This is usually because couples haven’t filled the forms in correctly or supplied sufficient information. It is always a good idea to seek legal advice during this part of the process. For more details on the process of filing, see our blog on how desk order divorces work in BC.

The Standard Requirements

For all divorces in British Columbia, there are several criteria that couples must meet before they will be granted a divorce. One of the criteria is that you or your spouse have lived in the province for one year or more. They also require that you demonstrate your marriage has broken down. Couples who have children must show they have made reasonable arrangements for them.

These are the most basic requirements for granting a divorce order. In most cases, the documents that couples must submit for a desk order divorce require a lot of detail. This is why most successful desk order divorce applications are done with the help of a lawyer.

The Details of Desk Order Divorce

First, any couples considering applying for a desk order divorce must be certain that they agree on all the terms of their divorce. It is important to have your agreements in writing, and in the application these will often be in the form of a sworn affidavit. When applying, the more detail provided, the better. This is because if the court deems your application to be incomplete in any way, you will likely have to go before a judge to get your divorce order granted, negating the benefit of the desk order divorce. Some examples of the agreements the court will want couples to demonstrate have been made include:

• Precise plans on the division of marital and personal assets/holdings
• Agreed spousal support payments and details, or any related agreement
• Detailed plans for the care and maintenance of the couple’s children, if they have any

As you can see, the detailed documents required of couples applying for a desk order divorce can be extensive, depending on the unique circumstances of each couple. While a lawyer can always help you through the application process, it’s important that couples have firmly agreed upon all terms of their divorce before preparing an application to the courts. If there are challenges in reaching these agreements, this process is likely not right for you.

What Comes Next?

The main draw of the desk order divorce is its simplification of the divorce process. For many couples, there is simply no need to go through all of the traditional processes of divorce, and going in front of a judge to get their divorce order can be difficult emotionally, particularly in amicable divorces. Once you are certain that you have agreed all the terms of your divorce, it’s a good time to seek legal assistance. A lawyer will be able to look over your documents, and make sure you have everything you need before you move along with the process, ultimately saving you time and money.

Once you are certain you have all the necessary evidence, your lawyer will guide you through the steps for a successful application. They’ll likely recommend that you file for divorce jointly, to save the 30 day waiting period enforced when one spouse applies without their partner. After the court has received you application, if they consider it complete, you will receive a divorce order. After 30 days, your divorce is complete.

While the desk order divorce is often perceived by couples as an easier way to get a divorce, in reality, it is only easy because successful applicants have already agreed on all their issues before filing. It is important to be pragmatic in your approach to divorce, and avoid an unsuccessful application attempt by seeking legal advice. If you think this approach to divorce is right for you, contact our experienced family lawyer, Jim Monier-Williams today.

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