Divorce in British Columbia (BC) follows the federal Divorce Act, but the filing process and court requirements vary by province. If you’re looking to start a divorce in BC, this guide outlines the key steps, required documents, costs, and timelines.
Who Can File for Divorce in BC?
To file for a divorce in BC, you must meet the following criteria:
Residency Requirement – At least one spouse must have lived in BC for at least one year before filing.
Grounds for Divorce – The law requires proof that the marriage has broken down due to:
- One-year separation (most common).
- Adultery (must be proven in court).
- Cruelty (physical or emotional abuse).
If you meet these conditions, you can file your divorce through the Supreme Court of British Columbia.
Step 1: Gather Required Documents
Before filing for divorce proceedings, you must collect and submit the necessary documents to avoid delays.
1. BC Divorce Application (Form F1)
- This form officially starts the divorce process.
- If both spouses agree, they can file a joint divorce application to speed up the process.
- If the divorce is contested, one spouse (the applicant) files, and the other (the respondent) must be served.
2. Original Marriage Certificate
- A valid marriage certificate is required as proof of marriage.
- If you were married in BC, you can order a certified copy from BC Vital Statistics.
- If married outside Canada, your certificate must be:
- Translated (if not in English or French).
- Notarized to verify authenticity.
If you lost your marriage certificate, you must request a replacement before proceeding with the divorce.
3. Financial Disclosure Forms (Form F8 or F9)
If the divorce involves spousal support, child support, or asset division, both spouses must submit financial disclosure forms:
- Form F8 – Basic financial statement.
- Form F9 – Used when requesting child or spousal support.
- You must also provide income statements, tax returns, and asset details.
4. Additional Documents That May Be Required
- Parenting Plan (if children are involved).
- Spousal Support Agreement (if support is being requested).
- Previous Court Orders (if any exist related to child custody or support).
Having these documents ready ensures a smoother filing process with fewer delays.
Step 2: File Your Divorce Application
Where to File
Divorce applications in BC must be filed with the Supreme Court of British Columbia. You can:
- File in person at a BC Supreme Court Registry.
- File online through the BC Court Services e-filing system (for uncontested divorces only).
Filing Fees
The cost of filing a divorce in BC is $210, but additional court fees apply if disputes arise over custody, support, or property division.
Once filed, you will receive a court-stamped copy, which must be served to your spouse before the process can continue.
Step 3: Serve Divorce Papers
Once the divorce application is filed, the respondent spouse must be formally served with the papers.
1. Who Can Serve Divorce Papers?
The applicant (person filing for divorce) cannot serve the papers themselves. Instead, service must be done by:
- A process server (a professional who serves legal documents).
- Registered mail (with proof of receipt).
- A friend or family member over 18 who is not involved in the case.
2. What If My Spouse Lives Outside BC?
- If your spouse lives in another province or country, service must follow both BC laws and the laws of their location.
- In some cases, international process serving is required for legal confirmation.
3. What If My Spouse Refuses to Accept the Papers?
If your spouse avoids service, you can request substituted service, allowing alternative delivery methods, such as:
- Email or social media service (if permitted by the court).
- Workplace delivery (if they are avoiding service at home).
- Newspaper publication (if their whereabouts are unknown).
4. Proof of Service
After the papers are delivered, the server must complete a Sworn Affidavit of Service (Form F15) and file it with the court. Without this proof, the divorce cannot proceed.
Step 4: Wait for a Response
After being served, the respondent has 30 days (if in Canada) or 60 days (if outside Canada) to file a response.
- Uncontested Divorce – If the spouse does not respond, the divorce moves forward automatically.
- Contested Divorce – If the spouse disagrees, they must file a response, leading to:
- Negotiations to reach an agreement.
- Mediation to settle disputes outside of court.
- Court hearings, where a judge makes the final decision.
The response phase determines if the divorce remains simple or becomes a longer legal process.
How Long Does It Take in BC?
- Uncontested Divorce (4-6 Months) – If both spouses agree, the process is fast and straightforward. Once approved, there is a 31-day waiting period before the divorce is final.
- Contested Divorce (1+ Year) – If spouses disagree on key issues, the divorce can take over a year due to negotiations, court schedules, and hearings.
The fastest way to get a divorce in BC is by filing a joint divorce application with no disputes.
How Much Does It Cost to File for Divorce in BC?
| Type of Divorce | Filing Fees | Additional Costs |
|---|---|---|
| Uncontested Divorce | $210 | Lawyer fees (if applicable) |
| Contested Divorce | $210 + court fees | Mediation, legal representation, financial disclosure |
For low-income individuals, Legal Aid BC may offer assistance in finding family lawyers to help with divorce cases.
Frequently Asked Questions
Is it better to be the one who files for divorce?
Yes, being the one who files for divorce can have advantages. The applicant (person filing) has more control over the timeline and initial terms of the divorce, such as child custody, spousal support, and asset division. Additionally, they can prepare in advance by gathering necessary documents and seeking legal advice. However, the outcome of the divorce is ultimately determined by BC’s family law and not by who files first.
How do I start asking for a divorce?
To start the divorce process in British Columbia, follow these steps:
- Have an open conversation with your spouse (if possible) to discuss separation terms.
- Gather required documents, including your original marriage certificate and financial disclosures.
- File a divorce application (Form F1) with the Supreme Court of BC in person or online.
- Serve divorce papers to your spouse using a process server, registered mail, or a bailiff.
- Wait for a response—if uncontested, the divorce can be finalized in 4-6 months.
How much does it cost to file for divorce in BC?
The filing fee for a divorce application in BC is $210. Additional court costs may apply in contested divorces, where spouses disagree on child custody, spousal support, or asset division. If you need financial assistance, Legal Aid BC may provide help for low-income individuals.
Find a Divorce Lawyer in BC
Filing for a divorce in BC can be complicated, but having the right family lawyer makes the process easier. Lawyer Connect helps you find experienced divorce lawyers in BC within 24h, ensuring you get legal guidance tailored to your case.