Use the current form: The current Form F38 was enacted by B.C. Reg. 152/2025 and is the form in force from January 19, 2026. The affidavit is one part of the desk-order divorce package, not the entire application.
When Form F38 is required
Rule 10-10(2) says that if a divorce is sought in an undefended family law case, the requisition package includes an affidavit in Form F38.
What the affidavit supports
The affidavit supplies evidence the court needs to decide the divorce request without a conventional hearing. The current form should be completed consistently with the filed pleadings, marriage information and other material in the court file.
Other documents still matter
A typical Rule 10-10 requisition package also includes F35, the draft order, proof that the case is undefended, F36 and proof of service where required. F37 may be required where child support or a child of the marriage is involved.
Common mistakes
- Using an old pre-January-2026 F38.
- Treating F38 as the form that starts the divorce case.
- Giving information inconsistent with the Notice of Family Claim or joint claim.
- Forgetting child-support material where it is required.