Form F38: The Desk Order Divorce Affidavit in BC

Author: SiLaw Group Family Lawyers
Published: Sep 21, 2026

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Form F38, the Affidavit - Desk Order Divorce, is the sworn evidence at the centre of a BC desk order divorce. It is how you prove your marriage, your separation and the arrangements for any children, all in writing, so the BC Supreme Court can grant an undefended divorce under Rule 10-10 of the Supreme Court Family Rules without anyone attending court. This post explains where the F38 fits, what travels with it, and what the judge who reads it is looking for.

Where Form F38 fits: Rule 10-10

Only the BC Supreme Court grants divorces, but a divorce nobody is defending does not need a trial to get there. Rule 10-10, titled Final Orders in Undefended Family Law Cases, lets a party apply for judgment by requisition, and it provides that in an undefended case where a divorce is sought, the evidence may be presented by affidavit unless the court orders otherwise (Rule 10-10(4)).

That affidavit, for the divorce itself, is Form F38. Because the whole application is decided on the documents at a desk rather than at a hearing, the result is known as a desk order divorce.

The desk order package, document by document

The F38 never travels alone. Rule 10-10(2) lists what must be filed to apply for judgment by requisition, and the BC courts' family forms list gives each document its official name:

• Requisition (Form F35). Officially the Requisition - undefended family law case. This is the document that actually asks the court for judgment, and it lists what you are asking the court to order.
• A draft of the proposed order. The divorce order you want the judge to sign, prepared and ready.
• Proof that the case is undefended. The court needs to see that no one is contesting the claim under which judgment is sought.
• Registrar's certificate (Form F36). Officially the Certificate of Pleadings, this is the registrar certifying that the pleadings and proceedings in the case are in order.
• Proof of service. Evidence that the Notice of Family Claim was properly served on your spouse, unless a response was filed and later withdrawn, in which case Rule 10-10(3) dispenses with it.
• Child Support Affidavit (Form F37), where appropriate. Required in the situations the Rule identifies involving a child, including where a divorce claim identifies a child of the marriage.
• Affidavit - Desk Order Divorce (Form F38). Required whenever a divorce is sought.

Some files need more. If certain orders under the Divorce Act are sought alongside the divorce, such as a child support order, a spousal support order or a parenting order, Rule 10-10(2) also requires a statement of information for corollary relief proceedings in Form F102, and an application to appoint a guardian brings its own affidavit in Form F101.

What the F38 itself proves

The F38 has three jobs.

It proves the marriage. The affidavit is where the facts of the marriage are sworn, supported by the marriage certificate, so the court knows there is a valid marriage to dissolve.

It proves the separation. The sworn facts establish the ground for divorce, most commonly one year of living separate and apart, including the date of separation and that reconciliation is not in prospect.

It covers the children. Under s. 11(1)(b) of the Divorce Act, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage. The affidavit evidence is what satisfies the court of that, working together with the Form F37 Child Support Affidavit where one is required. Rule 10-10(4) is explicit that the information the court needs to comply with its Divorce Act duties may come in by affidavit.

This is why sloppy affidavits sink desk order applications. The judge has nothing in front of them except the paper. If the paper does not prove each element, the order cannot be granted on it.

Who reviews the package, and what happens next

The completed package goes before a judge or an associate judge in chambers. Associate judges are the former masters of the BC Supreme Court, renamed as of January 15, 2024, so older guides that say a master reviews desk order divorces are describing the same review.

Rule 10-10(5) spells out the court's options. If satisfied, the court may make the order or grant judgment "without the attendance of lawyers or the applicant". If not satisfied, it may direct that lawyers or the applicant attend, or that further evidence be presented. In the ordinary course, nobody goes to court: the judge reads, and if the package proves what it must, the order is signed.

After the order: the 31st day

The divorce takes effect on the 31st day after the divorce order is granted (Divorce Act, s. 12(1)). Once it has taken effect, the court can issue a Certificate of Divorce (s. 12(7)), which is the document you will need if you plan to remarry.

Doing it yourself, or handing it off

If you want to prepare the package on your own, our step-by-step desk order divorce guide walks through the filing sequence form by form. If you would rather know it is done right the first time, a simple uncontested divorce by desk order is a flat fee at our office, and our complete divorce guide covers the wider journey from separation to final order.

Frequently asked questions

What does Form F38 actually prove?

It is the sworn evidence for the divorce itself: the facts of the marriage, the separation that establishes the breakdown of the marriage, and the arrangements for any children. Rule 10-10(4) allows this evidence to come in by affidavit in an undefended case, which is what removes the need for a hearing.

Do I have to go to court for a desk order divorce?

In the ordinary course, no. Rule 10-10(5) allows the court to grant the order "without the attendance of lawyers or the applicant". The court can direct attendance or ask for further evidence if the package leaves it unsatisfied, which is another reason to get the affidavit right the first time.

What if we have children?

The court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage (Divorce Act, s. 11(1)(b)). That is why the package includes a Child Support Affidavit in Form F37 where the Rule requires one, and why the arrangements described in your affidavit material matter as much as the divorce facts themselves.

Who signs the divorce order?

A judge or an associate judge of the BC Supreme Court, reviewing the documents in chambers. Only the BC Supreme Court can grant a divorce, and associate judges have carried out this work under that title since January 15, 2024, when the office of master was renamed.

Want the paperwork done right the first time?

A returned desk order package means delay. If you would rather hand the forms to people who prepare them constantly, talk to us. The first 30 minutes are free, in English or Punjabi.

Book a free consultation or call (778) 381-9977.

This post is legal information, not legal advice.