Desk Order Divorce: An Annotated Guide

This book is essential for: All family lawyers and legal support staff in the area of family law.

Current to: September 1, 2010 

Put together desk order packages that won't be rejected
Filing the simplest desk order divorces can be complicated. Our expert panel of contributors guides you step-by-step in putting together a successful desk order divorce package. Commentary explains desk order divorce procedure and strategy, and each document that must be submitted with your application is annotated with sample provisions and practice tips. Subscriptions include online access with search capability and links to the full text of case law and legislation, and annotated forms and precedents on CD-ROM.

NEW! ONLINE ONLY annual subscriptions are now available. Click here to subscribe.

Highlights of the 2010 Update

The 2010 update has been thoroughly revised to reflect the Supreme Court Family Rules, including:

• references to the Supreme Court Family Rules
• the new forms under the Supreme Court Family Rules required for a desk order divorce, annotated with commentary
• the new registry checklists for desk order divorces
• the new practice direction for divorce applications

CLEBC Legal Editor
Laura C. Selby
lselby@cle.bc.ca

Acknowledgments

Preface

Notes to Reader

Part I: Step-by-Step Procedure
1. Preliminary and Strategic Considerations
2. Commencing Divorce Proceedings
3. Applying for a Desk Order Divorce

Part II: Annotated Forms and Precedents

Documents to Commence Family Law Case Seeking a Divorce
[FP 1] Application for Marriage Certificate
[FP 2] Style of Proceeding
[FP 2A]Style of Proceeding—Joint Family Law Case
[FP 3] Notice of Family Law Claim: Form F3
[FP 4] Notice of Joint Family Claim: Form F1
[FP 5] Registration of Divorce Proceeding Form

Financial Disclosure Documents
[FP 6] Has been deleted
[FP 7] Agreement as to Annual Income: Form F9
[FP 8] Financial Statement: Form F8

Documents to Apply for a Desk Order Divorce
[FP 9] Requisition Requesting Divorce Order: Form F35
[FP 10] Affidavit—Desk Order Divorce: Form F38
[FP 11] Affidavit of Personal Service: Form F15
[FP 12] Requisition Requesting Search for Response to Family Claim: Form F17
[FP 13] Notice of Withdrawal: Form F40
[FP 14] Final Order (Divorce): Form F52
[FP 15] Restraining Order: Form F54
[FP 16] Child Support Affidavit: Form F37
[FP 17] Certificate of Registrar: Form F36

Other Documents
[FP 18] Requisition Requesting Certificate of Divorce
[FP 19] Certificate of Divorce: Form F56
[FP 20] Affidavit Where No Marriage Certificate: Evidence Act, s. 52
[FP 21] Certificate of Pending Litigation: Land Title Act Regulation, Form 33

Part III: Legislation
Supreme Court Rule 10–10
Divorce Act
Family Relations Act [excerpts]
Federal Child Support Guidelines
Evidence Act [excerpt]

Part IV: Appendixes
[APP 1] Family Practice Direction 3—Divorce Applications
[APP 2] Vital Statistics Offices in Canada
[APP 3] British Columbia Supreme Court Registry Addresses
[APP 4] Registry Checklist to Reject Application for Desk Order Divorce
[APP 5] Registry Checklist to Forward Application for Desk Order Divorce to a Judge

Tables
Case Table
Statute Table

Index

Features

• online access to electronic version with hyperlinks to primary law
• each desk order divorce precedent annotated with commentary 
• all precedents on CD-ROM, including annotations, for quick assembly of desk order packages
• commentary on the strategy and procedure helps you avoid "getting bounced"
• excerpted rules and legislation for easy reference
• convenient looseleaf format, with regular updates

Contributing Authors
Annie Kaderly — Aaron Gordon Daykin Nordlinger, Vancouver
Leila Villanueva — Supervisor, Family Registry, Vancouver Law Courts, Vancouver