Surrey Divorce Lawyer
Christ & Co specializes in handling uncontested divorces – both with or without kids.
An uncontested divorce is when both spouses are in agreement about all matters and the respondent spouse accordingly does not file a reply or counter-claim.
We prepare and file all the materials required for your divorce in a timely manner. Contact our Surrey divorce lawyers today.
The Supreme Court of BC will allow you to file for divorce in this province if the following preconditions are met:
- You or your spouse, have lived in BC for at least a year.
- You and your spouse have “separated”: which can either be inferred by one spouse moving out of the home or sleeping in a separate bed – or can be expressed by a written notice or separation agreement.
- If you and your spouse have children together: you and your spouse have made reasonable arrangements for the “children of the marriage”: parenting schedules, child support, custody, guardianship and/or access.
Generally speaking, children are considered “children of the marriage” if they are dependent on their parents and under the age of nineteen. A child under the age of nineteen is deemed not dependent on their parents if the child is employed full time, married, or living by themselves (other than for school purposes).
A child over the age of nineteen may be deemed to be dependent on their parents by reason of disability or because of full-time enrollment in an educational institution, in which cases an adult child is continues to be a “child of the marriage” and child support is payable on their behalf.
Negotiating and signing a Separation Agreement before filing a Notice of Application for Divorce is recommended if there are significant property interests or if there are children of the marriage.
If you and your spouse are renters, without kids, who own your own cars but little else, and enjoy similar salaries, you will likely file for a “bare divorce” in which you ask the court to be divorced from your spouse but are not seeking spousal support or a for a division of property.
Whatever course you take to obtain your divorce you will have to swear or affirm the court that you have lived separate and apart from your spouse for a full year before you can ask for a divorce order to be granted. However, you can negotiate your Separation Agreement and/or commence your Notice of (Divorce) Application as soon as your separation has commenced.
Your spouse must be personally served with your Notice of (Divorce) Application, but if your spouse has no objections to the parenting arrangements, child or spousal support, or property division or other issues set out in your Notice of (Divorce) Application – your spouse does not have to do a thing. Doing nothing means the application is “undefended” or “uncontested” and the application is likely to be approved by the court without the attendance of the parties, or their counsel. When your divorce is approved at a judge’s desk rather than in open court it is called a “desk order divorce”.
When children are involved, the court will want to see parenting arrangements and child support issues settled in writing before a desk order is made, usually in the form of a [link] Separation Agreement or a Provincial Family Court decision.
A divorce is only final 31 days after the court grants the divorce order – the 31 day period gives a spouse an opportunity to appeal the divorce order if required. If no appeal has been filed you can remarry on the 32nd day after the divorce order has been granted.