Frequently asked questions about court forms
We are applying for a joint divorce. Do we have to swear or affirm the Affidavit — Desk Order Divorce (Form F38) together or could we each fill out our own affidavit and have them sworn separately?
You have a choice. You can either both go and jointly swear or affirm the Affidavit — Desk Order Divorce or complete two forms and each of you swear or affirm them separately. However, if you complete two forms, at least one of the two must be sworn after you file your Notice of Joint Family Claim (Form F1).
I'm in the middle of an application for child support, trying to find a change of address form, and am having problems. Where do I find this form?
If your child support application is in BC Provincial Court, you may file a Notice of Change of Address (Form 11) at the court registry to register a change of address.
If your application is in BC Supreme Court, use the Notice of Address for Service (Form F10) to add or change the address at which you want to have documents served on you. You must fill out the form, file it at the court registry, and have it served on the other party before the change will take effect.
We're trying to get divorced but didn't get our Affidavit — Desk Order Divorce signed within 30 days of submitting the other divorce application documents to the court. We didn't read the instruction carefully enough and just got the Notice of Family Claim (Form F1) back from the court. What must we do?
An Affidavit — Desk Order Divorce (as well as a Child Support Affidavit, if applicable) that isn't signed and sworn within 30 days of submitting it with the divorce application documents to the court registry will need to be redone and sworn again.
When court registry staff return one or more documents in an uncontested divorce proceeding, they usually also include a form or note setting out the reason why it's being returned (because, for example, the documents are incomplete or contain errors). This form or note should tell you whether some or all of your documents have to be redone with new dates and signatures. If there's no such form or note attached, contact the BC Supreme Court registry (where you submitted the documents) and ask them to explain what you need to do.
Where can I find a Supreme Court Notice of Intention to Proceed?
I intend to apply to the Supreme Court to change a final divorce order made more than three years ago. Do I need to serve a Notice of Intention to Proceed (Form F48) before serving a Notice of Application (Form F31)? I searched for this form, but I can't find it. Is there such a form or do I simply write a letter stating my notice of intention to proceed and serve it on the other party?
You don't need to serve a Notice of Intention to Proceed if you have a final order, even if a number of years have passed. You do have to have your Notice of Application (Form F31) served personally on the other party.
If a final order hasn't yet been made and you're proceeding more than one year after you first started, you must complete and serve a Notice of Intention to Proceed (Form F48) on the other party. This is a Supreme Court form that you can use. See our self-help guide called How to use a Supreme Court Notice of Intention to Proceed (Form F48) for links to a blank form, and information about when to use it, and how to fill it out and serve it on the other party.
I need to fill out a Form F30. Where can I find a blank version of this form?
How much time do I have to serve my Supreme Court documents after I file them with the court registry?
I originally served my wife with the Notice of Family Claim (Form F3) nine months ago, but didn't take the next step of having an Affidavit of Service completed and filed with the court registry. This was because serving my wife with the court documents led to new discussions about trying to save our marriage. We've since agreed to move ahead with the divorce, but now I no longer have three copies of the Notice of Family Claim. Is the original service still valid, nine months later, or do I have to re-serve the documents? If I have to re-serve the documents, will the court registry give me copies of the documents I already filed, so that I can have them served on my wife? Or must I start from scratch, re-file everything, and pay the full amount again?
A Notice of Family Claim (Form F3) remains effective for 12 months. This means you can continue with your divorce application process because you had the Notice of Family Claim served within that 12-month period. You can apply to renew the Notice of Family Claim if it's not served on the other party within the 12-month period.
Your next step is to have the person who served the documents on your wife complete an Affidavit of Personal Service (Form F16). See our self-help guide on how to serve Supreme Court documents.
If the person who served the court documents on your wife is no longer available to swear an Affidavit of Personal Service (Form F16), you must have someone else re-serve the court documents on your wife. You can have the court documents re-served so long as this happens within 12 months of the date the Notice of Family Claim was filed with the court registry. The new server must then complete an Affidavit of Personal Service (Form F16). If you need additional copies of the documents that you filed with the court, contact the court registry.
If the Notice of Family Claim hasn't been served within 12 months of the date it was filed with the court registry, an applicant has two options. He or she can either:
- file a new Notice of Family Claim with the court registry (and pay another filing fee), or
- make a separate application to the Supreme Court to have the Notice of Family Claim renewed for another year, and then serve the renewed documents (this is a much cheaper option).
To get help, see the services listed in Who can help?
How do I serve Provincial or Supreme Court documents on a spouse who lives outside BC or outside Canada?
Generally, you must serve documents on a spouse who lives outside BC the same way you would serve a spouse within BC. This is true whether your separated spouse lives in another Canadian province (or territory) or in another country. See our self-help guide on how to serve court documents outside BC. (Instructions for the person serving your documents are also available as a PDF.)
You can ask a friend or family member who lives near your spouse to personally serve the documents on your spouse for you, or you can hire a professional process server. Or, if your separated spouse lives in a country that has signed the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, you could choose to follow the procedures set out in that Convention.
If you want to hire a process server to serve the documents personally on your separated spouse, you can try to locate process serving companies where he or she lives using either the local yellow pages or the Internet. The fact that you haven't seen your spouse in many years doesn't affect the requirements for serving documents.
How do I serve Provincial or Supreme Court documents on my spouse if I don't know where he or she lives?
If you don't have an address for your separated spouse, you need to try and locate him or her. If you can't, you have other options for proceeding. See How Do I Substitutionally Serve Someone with Legal Documents? on the JP Boyd on Family Law site.
How do I serve Provincial or Supreme Court documents on my spouse if I can't find an address for him or her?
If you've tried our suggestions (above) for finding an address for your separated spouse but haven't succeeded, you could apply to the court for an Order for alternative service. See our self-help guide on how to arrange for alternative service. See How Do I Substitutionally Serve Someone with Legal Documents? on the JP Boyd on Family Law site.
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