How do I draft a final order for an undefended divorce?

Last reviewed June 2024 by the Clicklaw editors

In an undefended (or uncontested) divorce you’ll use the form for a final order to draft your divorce order for the court to approve. The form used for a final order has many other purposes, so setting it up properly to be a divorce order means you need to choose specific options. This short guide will walk you through the correct choices to set the form up this way.

Rule 15-1(1) of the BC Supreme Court Family Rules discusses the form of orders in family court proceedings. Unless the order is changing, suspending, or terminating a final order, or the order is made under Rule 10-8 without notice and without a hearing, final orders must use form F52.

This information is not meant to replace legal counsel.

Please review each step to be sure it applies to you.

Setting up the form

Once you’ve downloaded the form, you must fill out each of the seven numbered sections:

  1. The names of the Claimant(s) and Respondent (if any).
    • If you are filing jointly with your spouse, choose Claimant #1 and Claimant #2. If you are filing separately from your spouse, choose Claimant for you and Respondent for them.
  2. Option #2 asks who the case will be heard by. Uncontested or undefended divorces are heard by a Judge of the Court.
  3. After selecting Judge of the Court for option #2, option #3 will auto-fill.
  4. Since you are using this form for a divorce, you will answer “yes” to option #4. This will cause a new area to appear stating that the divorce will take effect on the 31st day after the date of the order.
  5. Option #5 is still variable and depends on your specific circumstances. If you are only using this form for a divorce order, you can say “no.” If you have any other order terms, such as a change of name, then you can say “yes.”
  6. If you said “yes” in option #5, then you should select the number of extra terms your order includes. If you answered “no” in option #5, then option #6 should be zero.
  7. Option #7 asks how many parties, or their lawyers, are signing the form. If you are filing jointly, then both of you will be signing the form. If you are filing alone, then only your signature is required.

Press the “Generate Form” button once you have selected all seven options. The form will then build itself based on the options you selected above. This assembled form is where you can fill in the specifics of any additional order terms and finish the form.

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