Divorce Procedure (BC)

Summary

This practice note discusses the procedure for a divorce and the professional obligations of counsel in a divorce. First, it outlines the types of divorce proceedings, including undefended (desk order divorces) and contested divorce claims. Second, it sets out the procedure for obtaining and filing a marriage certificate and obtaining a clearance certificate in divorce proceedings. Third, it discusses severing a divorce from any corollary issues so that the divorce may be obtained more quickly. Finally, it discusses the professional obligations of counsel in a divorce, where legal counsel has an obligation to discuss reconciliation, as well as negotiation and mediation with their client.