Are you considering a divorce but dread the thought of going to court?
An uncontested divorce is a divorce where the parties (the couple separating) resolve all of their legal issues by negotiating with each other and signing a separation agreement. The parties have to reach an agreement on the following topics:
- What property is family property and what property is separate property of the spouses.
- Division of family property and debt.
- Spousal support payments.
- Child support payments.
- Parenting issues, parental responsibilities, and parenting time.
Once the parties have an agreement, they can use that agreement to obtain an uncontested divorce through a process called a “desk order divorce”. A desk order divorce is an order of a judge of the Supreme Court of British Columbia that is obtained without a hearing. To obtain a desk order divorce, the applicants starts by submitting all the required documents to the registry. The registry then reviews those documents (and will reject them if they are incomplete). If the documents have issues, they will be rejected by the registry and have to be submitted and reviewed again. The review process can and will take months for each time the documents are submitted.
Once all the required documents have been correctly prepared and submitted, a judge will review them, and if the judge agrees that the divorce is uncontested and all issues have been resolved between the parties, she will sign the desk order divorce order declaring the spouses divorced from each other.
Pax Law can help you get through your uncontested divorce in a fraction of the time. Our family lawyer will work with you to resolve all the issues between you and your spouse, so that when you file for divorce, there are no surprises. It means a quicker, smoother process for you. We’ll take care of everything for you so you can move forward.
You deserve to move on from this chapter of your life as quickly and easily as possible. Let us help make that happen.
Contact us today to schedule a consultation!
FAQ
How much does an uncontested divorce cost in BC?
There is no maximum amount. Family law lawyers usually charge their fees hourly. Pax Law Corporation charges a fixed fee of $2,500 plus taxes & disbursements for uncomplicated uncontested divorces. If there are complications or Pax Law needs to negotiate and draft a separation agreement, the fee will be higher.
How long does it take to get an uncontested divorce in BC?
There is no maximum time length. If the registry accepts your application and there are no problems with it, it may take 3 – 6 months to return a signed divorce order to you. If there are problems with your divorce application, the registry will reject it and require you to submit a fixed application.
How much does an amicable divorce cost in Canada?
There is no maximum amount. Family law lawyers usually charge their fees hourly. Pax Law Corporation charges a fixed fee of $2,500 plus taxes & disbursements for uncomplicated uncontested divorces. If there are complications or Pax Law needs to negotiate and draft a separation agreement, the fee will be higher.
What is the average cost of a divorce in BC?
Usually, each party to a divorce pays their lawyer fees. When other payments incur, this can be split between the two parties or paid by one party.
Do you need a separation agreement before divorce in BC?
Yes. In most cases, you will need a separation agreement before a divorce order is granted in BC.
Is spousal support mandatory in BC?
No. Spousal support is only payable upon court order or if a separation agreement between the parties requires it to be paid.
How long does it take to get a divorce if both parties agree?
There is no maximum time length. If the registry accepts your application and there are no problems with it, it may take 3 – 6 months to return a signed divorce order to you. If there are problems with your divorce application, the registry will reject it and require you to submit a fixed application.
Can you get a divorce without the other person signing in Canada?
Yes, it is possible to get a divorce order without the other person’s signature in BC. You will need to start your family proceeding in court and obtain a divorce order through that process. Depending on the other party’s response to your family process, you may need to go to trial, or you may be able to obtain a desk-order divorce order.
How do you get a one-sided divorce in Canada?
You will need to start your family proceeding in court and obtain a divorce order through that process, just like any other divorce case. Depending on the other party’s response to your family process, you may need to go to trial or you may be able to obtain a desk-order divorce order.
How long does an uncontested divorce take in Canada?
There is no maximum time length. If the registry accepts your application and there are no problems with it, it may take 3 – 6 months to return a signed divorce order to you. If there are problems with your divorce application, the registry will reject it and require you to submit a fixed application.
Who pays for divorce in Canada?
Usually, each party to a divorce pays their own lawyer fees. When other fees incur this can be split between the two parties or can be paid by one party.
Can I do a divorce myself?
Yes, you can apply for a divorce order on your own. However, family law’s legal issues and procedures are complicated and highly technical. Doing your divorce application yourself may lead to delays or rejection of your divorce application for technical deficiencies.