Affidavit Desk Order Divorce Form - British Columbia
This form, Form F38, is used in the Supreme Court of British Columbia for desk order divorces. It allows claimants and respondents to swear or affirm details about their marriage and grounds for divorce. The form ensures compliance with Rule 10-10 (2) and Rule 21-1 of the Supreme Court Family Rules.
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How do I fill this out?
To fill out this form, ensure you provide accurate details and follow the instructions carefully. Start by filling in the basic information about yourself and your marriage. Make sure to select the correct options and provide any required additional information.

How to fill out the Affidavit Desk Order Divorce Form - British Columbia?
1
Fill in your personal details, including name and address.
2
Select the correct options regarding your role in the case and reconciliation status.
3
Provide specifics about your marriage and the grounds for divorce.
4
Address any child support or custody arrangements if applicable.
5
Swear or affirm the affidavit before a commissioner for taking affidavits.
Who needs the Affidavit Desk Order Divorce Form - British Columbia?
1
Individuals filing for a desk order divorce in British Columbia.
2
Claimants and respondents in joint family law cases.
3
Spouses stating their grounds for divorce such as separation, adultery, or cruelty.
4
Parents needing to document child support and custody arrangements.
5
Parties requiring an affidavit in compliance with Supreme Court Family Rules.
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What are the instructions for submitting this form?
Submit your completed affidavit form to the Supreme Court of British Columbia through one of the following methods: Online Submission: Use the Supreme Court's online submission form available on their website. Email: Send a scanned copy of the completed form to the appropriate email address (e.g., registry@example.com). Fax: Fax your completed form to the court using the provided fax number (e.g., 123-456-7890). Physical Address: Deliver the form in person or by mail to the court registry at the physical address provided (e.g., 123 Court St, Vancouver, BC). Advice: Ensure all fields are accurately completed and double-check for any errors before submission. Contact the court registry if you have any questions or need assistance with the submission process.
What are the important dates for this form in 2024 and 2025?
Submit your completed form in 2024 or 2025 before the deadlines set by the Supreme Court of British Columbia. Check current court schedules for exact filing dates.

What is the purpose of this form?
The purpose of this form is to provide essential details for a desk order divorce in the Supreme Court of British Columbia. It allows claimants and respondents to affirm their marital status, state grounds for divorce, and detail any child support and custody arrangements. The form ensures all required information is accurately documented and sworn before a commissioner for affidavits.

Tell me about this form and its components and fields line-by-line.

- 1. Claimant Name: Enter the full name of the claimant involved in the case.
- 2. Respondent Name: Enter the full name of the respondent involved in the case.
- 3. Form Number: This is Form F38, as indicated on the form.
- 4. Affidavit Number: Indicate the number of the affidavit (e.g., 1st, 2nd).
- 5. Name of Affiant: Enter the name of the person making the affidavit.
- 6. Date: Provide the date when the affidavit was made.
- 7. Court File Number: Enter the court file number associated with the case.
- 8. Court Registry: Enter the name of the court registry handling the case.
- 9. Role in Case: Select whether you are the claimant or respondent or specify details if it is a joint family law case.
- 10. Reconciliation Statement: Indicate if there is no possibility of reconciliation between you and your spouse.
- 11. Truth of Facts: Affirm that you believe the facts stated are true.
- 12. Marriage Certificate: Provide details about the marriage certificate or explain why it is not obtainable.
- 13. Grounds for Divorce: Select and provide details on the grounds for divorce, such as separation, adultery, or cruelty.
- 14. Agreement Check: Confirm you are not part of an agreement or conspiracy to subvert justice or fabricate evidence.
- 15. Condonation Check: State whether you have condoned the conduct of your spouse if grounds are adultery or cruelty.
- 16. Children of the Marriage: List the names, ages, and birth dates of any children of the marriage.
- 17. Child Support Affidavit: Indicate if you have sworn a child support affidavit.
- 18. Custody Arrangements: Provide details on custody and access arrangements for the children.
- 19. Sworn Statement: Swear or affirm the affidavit before a commissioner.
What happens if I fail to submit this form?
Failing to submit this form can result in delays or dismissal of your desk order divorce proceedings. Ensure timely submission to avoid such issues.
- Delayed Proceedings: Your case may be delayed if the form is not submitted promptly.
- Dismissal of Case: The court may dismiss your case if required documentation is not provided.
How do I know when to use this form?

- 1. Filing for Divorce: When initiating a desk order divorce process.
- 2. Documenting Marital Details: To provide sworn details about the marriage and reasons for divorce.
- 3. Custody and Support Arrangements: When documenting child custody and support arrangements.
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