Your Dispute Resolution Partner

Can I get divorced by agreement?

No.  To get divorced you require a court order.  You cannot get divorced by a divorce agreement.  

However, this does not mean that you  have to attend court.  Confusing?  Let us explain .... 

Should you and your former spouse reach agreement on all issues, either independently, in lawyer-assisted negotiation, or in mediation, you can file this agreement with the court and apply for a divorce through what is known as a “desk-order divorce application".

This is an application that is filed with the Court Registry and, as its name suggests, essentially goes to a Judge's desk for review and (hopefully) the making of the order.

People who try to get a desk order divorce without the assistance of a lawyer often get their application refused.

This is because there are very specific forms that must be used in these applications, and specific affidavits that must be drafted and sworn.  

The most important documents are those relating to the care of children and their support.  The Judge is not permitted to grant the divorce unless they can satisfy themselves that reasonable arrangements have been made for the care of any dependent children.

At Candid Legal Law Corporation, we have a paralegal who specializes in desk order divorces so that we ensure our clients can obtain one as quickly and cost-effectively as possible. 

Based on information provided by you, the paralegal will draft all of your materials, which are then reviewed by a Nanaimo family law lawyer. This team-based approach ensures you get quality drafting without paying for several hours of a lawyers' time to draft documents that can be accurately drafted by a skilled, trained family law paralegal.

Give us a call so you can start planning your “divorce party” and leave the legal drafting to us.

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