When can this process be used?
Rule 10-10 applies to an undefended family law case. Before using it, confirm that your case fits the rule’s definition—for example, because no response was filed, a response was withdrawn or struck, or the matter otherwise qualifies under the rule.
The main forms
- F35 — Requisition: asks for the final order without a hearing.
- F36 — Certificate of Pleadings: the registrar’s certificate about the pleadings and proceedings.
- F37 — Child Support Affidavit: required when Rule 10-10 calls for it, including some cases involving children or child support.
- F38 — Affidavit — Desk Order Divorce: required when a divorce is requested.
Conditional forms that can also be required
F101 — Affidavit — section 51: required under Rule 10-10(2)(f.1) if appointment of a person as guardian of one or more children is sought.
F102 — Statement of Information for Corollary Relief Proceedings: required under Rule 10-10(2)(h) if a Divorce Act child-support, spousal-support or parenting order is sought.
You may also need a draft order, proof of service and other documents depending on the orders sought. A simple “F35 + F38” checklist can therefore be incomplete.
Common reasons a package is delayed
- Using an outdated form.
- Missing proof of service, F101/F102 where relevant, or another required supporting document.
- Assuming the case is undefended when it does not meet Rule 10-10.
- Submitting a proposed order that does not match the relief properly before the court.
Cost and DIY
A desk-order divorce can cost less than a contested hearing, but rejected or incomplete packages create delay and extra work. Some people use limited-scope legal help to review the documents without retaining a lawyer for the entire case.
Related: Form F101 · Form F102 · Form F3 · Form F8 · family-law cost calculator.