Divorce & Separation
What BC Judges Check in an Uncontested Divorce With Children
By SiLaw Group Family LawyersPublished Nov 13, 2026 · 6 min read
Before granting an uncontested divorce in British Columbia, a judge must be satisfied that reasonable arrangements have been made for the support of the children of the marriage, judged against the child support guidelines. If they have not been made, the divorce is stayed until they are.
That duty comes from section 11(1)(b) of the Divorce Act, and it applies to every desk order divorce with children, joint or sole. SiLaw Group Family Lawyers prepares these packages regularly, and the children's section is where the judge's attention goes. For the process as a whole, see our uncontested divorce service page.
Why Does a Judge Review Child Support in an Uncontested Divorce?
Section 11(1) of the Divorce Act gives the court three duties in every divorce proceeding: to satisfy itself that there has been no collusion, that reasonable arrangements have been made for the support of any children of the marriage having regard to the applicable guidelines, and, where the divorce is sought on adultery or cruelty, that there has been no condonation or connivance.
Most uncontested divorces in BC rely on one year of living separate and apart under section 8(2)(a) of the Divorce Act, so condonation never arises. And the Act's own definition of collusion in section 11(4) excludes an agreement to the extent that it provides for separation, financial support, division of property or the exercise of parenting time or decision-making responsibility. Agreeing on everything is not collusion.
Rule 10-10(4) of the Supreme Court Family Rules allows the evidence, and any information the court needs to comply with sections 10 and 11 of the Divorce Act, to be presented by affidavit. The judge reads it in chambers with nothing else to go on, so the children's paragraphs have to be complete.
Who Counts as a Child of the Marriage?
Under section 2(1) of the Divorce Act, a child of the marriage is a child of two spouses or former spouses who, at the material time, is under the age of majority and has not withdrawn from their charge, or is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life.
Section 2(2) of the Divorce Act adds any child for whom both spouses stand in the place of parents, and any child of whom one spouse is the parent and for whom the other stands in the place of a parent, so a step-child can be a child of the marriage and the package has to address that child's support. Our page on step-parents and blended families explains when that obligation arises. Nor is a child who has reached the age of majority automatically off the list: the words "other cause" are where questions about adult children and post-secondary education arise, and leaving out an adult child in full-time studies invites questions.
Which Child Support Guidelines Apply in BC?
Section 11(1)(b) of the Divorce Act refers to the "applicable guidelines", and section 2(1) of the same Act defines the term: the law of a province designated by order for its own comprehensive guidelines, where both spouses are habitually resident there, and in any other case the Federal Child Support Guidelines. Manitoba, New Brunswick and Quebec have been designated. British Columbia has not, so the applicable guidelines here are the Federal Child Support Guidelines.
Under the presumptive rule in section 3(1) of the Federal Child Support Guidelines, the amount for children under the age of majority is the amount in the applicable table, according to the number of children and the income of the paying spouse, plus any amount for special or extraordinary expenses under section 7. The federal tables were updated effective October 1, 2025, so make sure your figure comes from the current table. Our child support lookup tool links to the official table.
Can We Agree to a Different Amount Than the Table?
Sometimes. Section 15.1(3) of the Divorce Act requires a child support order to be made in accordance with the applicable guidelines. Section 15.1(5) allows a different amount where special provisions in an order, judgment or written agreement about the spouses' financial obligations or property directly or indirectly benefit a child, or special provisions have otherwise been made for a child, and the guidelines amount would be inequitable given those provisions. Section 15.1(7) allows a different amount on the consent of both spouses if the court is satisfied that reasonable arrangements have been made for the support of the child, and under section 15.1(8) the court has regard to the guidelines but must not treat the arrangements as unreasonable solely because the agreed amount is not the table amount.
Reasonable arrangements, having regard to the applicable guidelines, is the language of section 11(1)(b) of the Divorce Act too. A figure that differs from the table is not fatal, but the package has to explain why it is reasonable: the special provision, how it benefits the child, or why the agreed figure meets the child's needs. A bare statement that the parents agreed will not carry it, which is one reason a separation agreement prepared with advice makes the desk order smoother.
What Paperwork Carries This Information?
Three items in the Rule 10-10(2) desk order package under the Supreme Court Family Rules carry the children's information. A Child Support Affidavit in Form F37 is required "if appropriate", which the Rule says means where the case includes a claim for divorce and a pleading identifies a child of the marriage within the meaning of the Divorce Act, or where child support is claimed. The divorce affidavit in Form F38 is required whenever a divorce is sought, and our post on the Form F38 desk order affidavit walks through it. If you also seek a child support, spousal support or parenting order under the Divorce Act, Rule 10-10(2) adds a statement of information for corollary relief proceedings in Form F102.
Does the Judge Also Review the Parenting Schedule?
Section 11(1)(b) of the Divorce Act speaks of support, not time, so a desk order divorce does not come with a mandatory review of your schedule. If you ask for a parenting order under the Divorce Act in the same package, a different test applies: under section 16(1) of the Divorce Act the court considers only the best interests of the child, and under section 16(6) a child should have as much time with each spouse as is consistent with those interests.
Many parents leave the schedule in a written agreement, which under section 44(3) of the Family Law Act is enforceable as if it were a court order once filed. Our parenting plan guide shows what one covers, and our parenting services can help when the schedule is in dispute.
What Happens If the Judge Is Not Satisfied?
Section 11(1)(b) of the Divorce Act states the consequence: the granting of the divorce is stayed until reasonable arrangements are made. Rule 10-10(5) of the Supreme Court Family Rules lets the court make the order without the attendance of lawyers or the applicant, direct their attendance, or direct that further evidence be presented. A thin children's section usually comes back with a direction for more evidence, and the divorce waits while you fix it.
The fix is almost always more information: income evidence, the table figure, an explanation of any difference, and who pays whom. Joint or sole, the review is the same, as our post on joint and sole divorce applications explains. A simple uncontested desk order divorce with our office is a flat fee of $2,200 plus GST and PST (as of August 2026), and getting the children's section right the first time is much of what that fee buys.
Talk to an Uncontested Divorce Lawyer About Your Children's Support
If you have children and want the desk order to go through on the first reading, let us check the support section before you file. The first 30 minutes with SiLaw Group are free, by phone, video, or in person in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.
This post is legal information, not legal advice. Rules and fees are current to the date of writing and can change.
About SiLaw Group
SiLaw Group Family Lawyers is a Surrey, BC firm practising family law and mediation. Founder Sandy Sihota is an accredited Family Law Mediator, Arbitrator and Parenting Coordinator (Law Society of BC). Articles are legal information, not legal advice.