Going to trial to get a final order from a judge can take a long time and it can be very expensive. But if you and the other party agree about how to settle your issues, you can get final orders without going to court in a number of different ways.

---

Tips: If you cannot afford to pay court fees, see our self-help guide How to get an indigency order in Supreme Court.

If you need help, see Filling out court forms — Who can help.

If you are in Vancouver and need help with the forms, the Vancouver Justice Access Centre's Self-Help and Information Services can help you.

File a Notice of Joint Family Claim (Form F1)

If you and the other party agree on how you want to resolve all the issues related to your separation and/or divorce, the easiest way to get a final order is to file a Notice of Joint Family Claim (Form F1). When you file this form together you tell the court that you are jointly starting the family law case and that you agree on all issues.

The advantage of filing a Notice of Joint Family Claim (Form F1) is that you do not have to serve documents on the other party (the process of serving documents can be complicated).

File a Notice of Joint Family Claim (Form F1) only if you are certain from the start that you agree to everything, because if it turns out that you do not agree later, you will have to file a lot of extra paperwork.

You can also use a Notice of Joint Family Claim (Form F1) to ask the court to make an order for divorce. You must have grounds for divorce (the most common grounds for divorce is that you have been separated for one year). See our self-help guide How to do your own undefended (uncontested) divorce – joint application.

File a separation agreement

At any time, you and the other party can write a separation agreement and file a signed copy in the court registry under Supreme Court Family Rule 2-1. Once you file a written separation agreement, the parts of the agreement that deal with custody, access, guardianship, and child or spousal support can be enforced as if they were in a court order.

You can file a separation agreement without starting a court action and going through the steps in this guide. See our fact sheet Separation agreements.

If you want to apply for divorce, you must file a Notice of Family Claim (Form F3) or a Notice of Joint Family Claim (Form F1). See our self-help guide How to do your own undefended (uncontested) divorce – joint application.

File a consent order (desk order)

At any time during your family law case, you can apply for final orders if you both agree on all the orders you want the court to make. If you agree, then you can file a "desk order" so that you don't have to appear in court.

Important: You will not see the term "desk order" in the Supreme Court Family Rules, but the process for getting final orders by consent (getting "desk orders") is set out in Supreme Court Family Rule 10-10.

There the definition of "undefended family law cases" includes cases where all claims, other than the claim for divorce, have been settled and the divorce, if any, is not defended (contested).

All issues must be settled to use the desk order process. You cannot ask the court for a final desk order for just one issue in your case.

When you file a desk order, the judge/master reviews your documents and makes an order if he or she is satisfied that it is proper to do so, based on the information in your documents.

If the judge/master decides he or she needs more information, you will receive a note asking for more documents or asking you to appear in Chambers to speak to the judge/master.

Follow the instructions on the note. If you do not understand the instructions, ask the registry staff at the courthouse or get legal advice. Do not try to contact the judge/master directly.

The desk order process is used:

• when you file together (joint divorce);
• when one party files and the other does not respond (undefended divorce); and
• when a response has been filed but all the claims, other than the claim for divorce, have been settled.

To get a desk order, see our self-help guide How to do your own undefended (uncontested) divorce – sole application and start at Step 5.

Ask for a consent order at a Judicial Case Conference

If you have already started a family law case, you can attend a Judicial Case Conference (JCC) and ask the court to make final orders there. A JCC provides good opportunity to resolve your case without going to court. See our self-help guide How to deal with a Judical Case Conference to find links to the blank forms you need to schedule, prepare for, and attend a JCC.

Note that the court is unlikely to make final orders on just one part of the case, so only use the JCC process for final orders when all issues are settled.

Important: Even though you may not have to go to court, consider getting legal advice about your situation before committing to an initial family order or signing a separation agreement.

^ Back to top

What does the law say about support, custody, guardianship, and access?

For more information about what the law says about child or spousal support, custody, guardianship, or access, see the relevant fact sheets (links below). You may want to read all of these fact sheets, or you may only need to look at one or two of them, depending on your situation. Once you have read all you need to, you will be ready to start your application.

• Child support
• Spousal support
• Custody
• Guardianship
• Access

How do I find a lawyer or get legal aid?

For information about how to contact a lawyer, see Who can help?

If you cannot afford a lawyer, there are other ways to get legal help, including the Lawyer Referral Service, pro bono (free) clinics, family duty counsel, or advice lawyers. In Nanaimo and Vancouver, staff at Justice Access Centres can also answer your questions and help you fill out forms. See Who can help? for more information.

For information about legal aid, see Legal aid services on the Legal Services Society website.