Uncontested Divorce Lawyers in Surrey

Uncontested divorce in BC: the quiet way to end a marriage

An uncontested divorce is one where you and your spouse agree on all the major issues, including parenting arrangements, property division, and support, or have no issues left to resolve. Because no one is opposing the claim, the divorce can usually be completed through documents alone: undefended divorces proceed by desk order, without a hearing. That makes an uncontested divorce quicker, less expensive, and less emotionally taxing than a contested one, which matters most when children are involved.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Family law is the only kind of law we practise, and we serve clients in English and Punjabi. We handle simple uncontested desk order divorces for a flat fee, and this page explains how the process works, what it costs, and how it compares to a contested divorce. For a fuller walk-through of divorce generally, see our complete divorce guide.

Contested vs uncontested divorce: the key differences

A contested divorce means you and your spouse cannot agree on one or more key issues, such as parental responsibilities, child support, property division, or spousal support. Disagreement does not automatically mean a trial. Contested divorces typically move through negotiation first, where the spouses or their lawyers try to reach agreement, then mediation, where a neutral third party facilitates discussions, and reach a court hearing only if those fail. But each stage adds time, cost, and emotional strain, and if a judge decides, you give up control over the outcome. Professional legal support matters most in contested cases because of that complexity: where court becomes necessary, we prepare your case and represent you through our divorce services.

	Uncontested divorce	Contested divorce
Cost	Legal and court fees are generally lower. A simple desk order divorce with us is a $2,200 flat fee, plus GST and PST, with court filing fees separate.	Higher legal and court fees.
Timeline	Typically finalizes in a few months.	May take a year or more.
Court involvement	No hearing. The divorce proceeds by desk order and a judge reviews the documents.	Negotiation and mediation come first; if they fail, the dispute goes to a court hearing.
Emotional impact	Less conflict means reduced strain, especially for children.	More conflict and greater emotional strain.
Who decides	You and your spouse keep control over the outcome.	A judge makes the final decisions.
When it fits	You agree on everything, or there are no issues left to resolve.	At least one key issue is still genuinely in dispute.

One ground, one year: who can apply

Under the Divorce Act, there is a single ground for divorce: breakdown of the marriage (section 8). It can be established in one of three ways: living separate and apart for at least one year, adultery, or cruelty. Most uncontested divorces rely on the one-year separation, so no one has to prove the other person did something wrong. You also do not have to wait out the full year before starting: the application can be filed before the year is up, though the court can only grant the divorce order once the year has passed (s. 8(3)(a)).

Two more requirements apply. Only the BC Supreme Court grants divorces, and at least one spouse must have been habitually resident in British Columbia for at least one year immediately preceding the proceeding (Divorce Act, s. 3(1)).

If you have reached agreement on parenting, support, and property, putting it into a written separation agreement records the deal clearly and supports the uncontested filing.

How a desk order divorce works

In British Columbia, an uncontested divorce proceeds in the Supreme Court of British Columbia: one spouse files a Notice of Family Claim, or both spouses file a Joint Family Claim together. Because no one is opposing it, the case is an undefended family law case under Rule 10-10 of the Supreme Court Family Rules, which lets judgment be sought by requisition in Form F35, supported by a divorce affidavit in Form F38, rather than at a trial. The court may grant the order "without the attendance of lawyers or the applicant". That is why it is commonly called a desk order divorce.

In brief, the process looks like this:

1. File the claim. Prepare and file a Notice of Family Claim, or a Joint Family Claim together, in the BC Supreme Court.
2. Serve your spouse. If you started the claim on your own, the Notice of Family Claim must be personally served on your spouse (Supreme Court Family Rules, Rule 6-3).
3. Wait out the response period. A spouse served in Canada has 30 days to file a Response to Family Claim. If nothing is filed, the divorce is undefended.
4. File the desk order package. File the requisition (Form F35) and the divorce affidavit (Form F38) asking the court to grant the divorce without a trial.
5. A judge reviews the documents. The court examines everything for completeness, including that reasonable arrangements are in place to support any children of the marriage, and if satisfied grants the divorce order without a hearing.
6. The divorce takes effect. The divorce takes effect on the 31st day after the order is granted (Divorce Act, s. 12(1)). If you plan to remarry, you will need a Certificate of Divorce.

Court filing fees apply at the filing stages; check the current fee schedule in Appendix C to the Supreme Court Family Rules before you file. For plain-language background on who can divorce in BC and the one-year separation requirement, see the BC government's guide to getting a divorce, keeping in mind it does not list forms or fees.

Some people handle this themselves: our step-by-step desk order divorce guide walks through the forms and filings in detail. If you would rather hand it off and know it is done correctly, that is exactly what our flat fee covers.

What a simple uncontested divorce costs

A simple uncontested desk order divorce with SiLaw Group is a $2,200 flat fee, plus GST and PST (as of August 2026). Court filing fees are separate. You know the price before we start: we prepare and file the paperwork, confirm your agreement covers what the court needs to see, and keep things moving.

Even in uncontested cases, legal advice is worth having. A lawyer can spot gaps in your agreement before the court does, which saves time and refiling later.

If you don't agree yet: mediation can get you there

Agreement does not have to exist on day one. It can be reached through open communication, negotiation, or mediation. In mediation, a neutral mediator helps you and your spouse work through the issues and build an agreement together, so your divorce can proceed uncontested instead of heading toward a courtroom. We treat litigation as the last tool, not the first.

A few practical habits make the path smoother, whichever type of divorce you are facing:

• Communicate openly. Honest, respectful communication prevents misunderstandings.
• Get legal advice early. Even uncontested cases benefit from a lawyer's guidance.
• Consider mediation. A mediator can resolve disputes without court involvement.
• Focus on your children's needs. Prioritize arrangements that support their well-being.
• Organize your financial documents. Clear records speed up negotiations.

For an overview of the whole journey from separation to final order, see our 5-step guide to getting divorced in BC.

Frequently asked questions

What is the difference between a contested and an uncontested divorce?

An uncontested divorce means both spouses agree on all major issues: parenting arrangements, property division, and support. A contested divorce means at least one issue is still in dispute, which leads to negotiation, mediation, or court hearings. Uncontested divorces are typically faster, less expensive, and less emotionally taxing.

How long does an uncontested divorce take in BC?

Once filed, an uncontested divorce typically finalizes in a few months, while a contested divorce may take a year or more. The one-year separation also shapes the timeline: the application can be filed before the year of living separate and apart is up, but the court can only grant the order after it has passed.

Do we have to go to court in person?

No. Only the BC Supreme Court can grant a divorce, but an undefended divorce proceeds by desk order: a judge reviews the filed documents and may grant the order without a hearing and without you or a lawyer attending.

Can I file before we have been separated for a full year?

Yes. The Divorce Act allows the application to be filed before the year of separation is complete; the court grants the divorce order once the full year has passed (s. 8(3)(a)).

What if my spouse ignores the divorce papers?

You do not need your spouse's participation. Once the Notice of Family Claim is personally served, a spouse served in Canada has 30 days to file a Response to Family Claim. If no response is filed, the case is undefended and can proceed by desk order.

When can I remarry?

The divorce takes effect on the 31st day after the order is granted (Divorce Act, s. 12(1)), and you will need a Certificate of Divorce to remarry.

Do I need to prove my spouse did something wrong?

No. Breakdown of the marriage is the only ground for divorce, and living separate and apart for at least one year is enough to show it. Adultery and cruelty are also recognized, but you are never required to rely on them.

Talk to an uncontested divorce lawyer in Surrey for free

If you and your spouse have already reached an agreement, or you want help getting there, talk to a lawyer first. The first 30 minutes are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey.

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

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.