UnContested divorce

An uncontested divorce in British Columbia is a divorce where both parties agree on the terms of the divorce, such as the division of property, spousal support, and custody of children. In an uncontested divorce, both parties sign a separation agreement that sets out the terms of the divorce, and file the agreement with the court. The court will then grant a divorce order, usually without the need for a court hearing.

An uncontested divorce is generally faster, less expensive, and less stressful than a contested divorce, as it does not require a court hearing or decision-making by a judge. However, both parties should still seek legal advice to ensure that their interests are protected and that the agreement is fair and just.

While you are not required to have a lawyer for an uncontested divorce, it is strongly recommended. Even in cases where both parties agree on the terms of the divorce, it is important to have a thorough understanding of the legal and financial implications of the agreement. An experienced family lawyer can provide guidance on your rights and obligations under the law, ensure that your agreement is fair and just, and help you navigate the divorce process.

Additionally, a lawyer can help you understand the long-term effects of the agreement and ensure that it meets your legal and financial needs. Having a lawyer can also help to avoid costly mistakes or misunderstandings that can arise from an incomplete or inaccurate agreement. Ultimately, having a lawyer for your uncontested divorce can give you peace of mind and protect your interests in the long term.

A desk order divorce in British Columbia is a type of uncontested divorce that is processed by a judge without a court hearing. In a desk order divorce, both parties sign a separation agreement and file it with the court, along with a joint application for divorce. If the judge is satisfied that the terms of the agreement are fair and reasonable, and that the requirements for a divorce have been met, the judge may grant a divorce order without the need for a court hearing.

This process is called a desk order divorce because it can be completed without either party appearing in court, and the judge makes the decision from the bench, or "desk." Desk order divorces are a quicker and less expensive way to obtain a divorce compared to a traditional court hearing, but both parties must still agree on the terms of the divorce and seek legal advice to ensure their interests are protected.

The cost of a desk order divorce in British Columbia will depend on several factors such as the complexity of the case, the amount of time and resources required, and the hourly rate of the lawyers involved. There may also be court filing fees and other costs associated with obtaining a divorce. On average, the total cost of a desk order divorce can range from nearly a thousand dollars to several thousand dollars.