I am getting divorced and my lawyer said we need an order from the Supreme Court. Why is that?

Only the Supreme Court of British Columbia can grant a divorce. The primary purpose of a divorce order is that you are allowed to remarry. A divorce order can be granted after a trial, or by desk order where all the issues have already been resolved by agreement. Reasonable arrangements must be made for child support and it will not be a problem where you have already obtained a final order for child support from the provincial court. Only the Supreme Court can make an order for the division of property, so you will need to make sure that any property you have is divided by consent, or otherwise, you will need to make a claim for property division. Make sure to get legal advice, because claims for spousal support and property division must be made no later than 2 years after a divorce is granted.

Any guidance provided is not covered by solicitor–client privilege, nor is it taking into consideration all of the facts of your matter beyond those in the question. The legal information is specific to British Columbia Law. If you want a more thorough and case-specific analysis of your legal matter, please contact us to arrange a consultation.

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