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.
The form used for a final order has a variety of different purposes within the BC Supreme Court which can lead to confusion when setting the form up for an undefended divorce.
This is not meant to replace legal counsel.
Review each step to be sure it applies to you.
Setting up the form
There are 7 options, all of which must be filled out.
- The names of the Claimant(s) and Respondent (if any).
- If you are filing jointly with your spouse then you will be listed as Claimant #1 and Claimant #2. If you are filing separately from your spouse then you will be listed as the Claimant and they will be listed as the Respondent.
- Option #2 asks who the case will be heard by. Uncontested or undefended divorces are heard by a Judge of the Court.
- After selecting Judge of the Court for option #2, option #3 will auto-fill.
- 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.
- Option #5 is still variable and depends on your specific circumstances.If you are only using your F52 for a divorce order, you can say “no”. If you have any other order terms such as a change of name, for example, then you can say “yes”.
- 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 will still at zero.
- 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 are 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.