Burnaby sits in the heart of Metro Vancouver, between Vancouver and New Westminster, and its roughly 250,000 residents do not have a Supreme Court registry inside the city. Divorce in British Columbia is granted only by the Supreme Court of British Columbia (the Provincial Court cannot grant a divorce), and for most people in Brentwood, Metrotown, Edmonds, or Lougheed, the closest and most convenient registry is the New Westminster Law Courts. This page explains where Burnaby residents file, what it costs in 2026, how long it takes, and the statute sections that govern property and parenting.
Key Facts: Divorcing in Burnaby (2026)
| Detail | Burnaby, British Columbia |
|---|---|
| Regional district | Metro Vancouver |
| Filing court | Supreme Court of BC, New Westminster Law Courts |
| Court address | 651 Carnarvon Street, New Westminster, BC V3M 1C9 |
| Initial filing fee | CAD $210 (Notice of Family Claim) + $10 federal registration |
| Desk order fee | ~CAD $80 (Requisition) |
| Total court fees | ~CAD $290-$330 (with certificate) |
| Residency requirement | One spouse resident in BC for 12 months |
| Waiting period | 31 days after the divorce order takes effect |
| Property model | Equal division of family property (Family Law Act, s. 81) |
How do I file for divorce in Burnaby, British Columbia?
To file for divorce in Burnaby, you start a Supreme Court proceeding at the New Westminster Law Courts by filing a Notice of Family Claim (Form F3) or a joint Notice of Joint Family Claim (Form F1), the federal Registration of Divorce Proceedings form, and your original marriage certificate, plus the $210 filing fee and $10 federal fee. Canada recognizes one ground for divorce under section 8 of the Divorce Act: breakdown of the marriage, most commonly proven by living separate and apart for at least one year. You can file before the year ends, but the court will not grant the order until the full year of separation has elapsed. Under the Divorce Act, s. 8(3), spouses can live separate and apart under the same roof if the conjugal relationship has ended, which matters in Burnaby's expensive housing market where many couples cannot afford to move out immediately. Most Burnaby divorces proceed as uncontested desk order divorces, where a judge reviews the file without a hearing and signs the Final Order (Form F52).
Forms can be completed online through Court Services Online or printed and filed in person. Registry staff serve the public from 9 a.m. to 4 p.m., Monday to Friday, excluding statutory holidays. If you cannot reach New Westminster, the Vancouver Law Courts at 800 Smithe Street is an alternative registry, though New Westminster is closer for residents east of Boundary Road.
Where do I file for divorce in Burnaby? (which courthouse)
Burnaby residents file at the New Westminster Law Courts, located at 651 Carnarvon Street, New Westminster, BC V3M 1C9, in Begbie Square next to the New Westminster SkyTrain station. This is the BC Supreme Court registry that most conveniently serves Burnaby and the eastern Lower Mainland. The general rule under the Supreme Court Family Rules is that you start a proceeding in the registry most convenient to you, and for Burnaby that is almost always New Westminster rather than the Vancouver Law Courts. The civil filing fax line is 604-515-4280, and the registry can be reached by phone at 604-660-8522.
The courthouse is roughly a 10 to 20 minute drive from most Burnaby neighborhoods and is directly accessible via the Expo Line SkyTrain (New Westminster station), which runs through Burnaby's Edmonds and Metrotown stations. If you later need a divorce certificate, you must wait until 31 days have passed since the order, then attend the same registry in person; the certificate costs $40.
How much does a divorce lawyer cost in Burnaby?
A Burnaby divorce lawyer typically charges a fixed fee of about $1,200 plus tax for an uncontested desk order divorce, which covers drafting the court documents and final order but excludes the $290-$330 in court filing fees and any process server costs. Including disbursements, a lawyer-assisted uncontested divorce in Burnaby generally runs $1,300 to $2,500. A do-it-yourself uncontested divorce costs only the court fees, roughly $290 to $500 once you add notary or commissioning charges (the registry charges about $40 per affidavit). Contested matters involving disputed property, support, or parenting arrangements cost substantially more, often $10,000 to $25,000 or higher when litigation is required, because Metro Vancouver hourly rates frequently run $350 to $550 per hour.
Several cost-reduction options apply to Burnaby filers. If you cannot afford the $210 filing fee, you may apply for No Fee status under Rule 20-5 of the Supreme Court Family Rules by filing a requisition, draft order, and affidavit showing financial hardship. Couples who complete mediation receive a Certificate of Mediation (Form F100), which exempts them from the Notice of Family Claim filing fee. Estimate spousal and child support before you hire counsel using the alimony estimator and child support calculator.
How long does a divorce take in Burnaby?
An uncontested desk order divorce filed at the New Westminster registry typically takes 3 to 4 months from filing to the granting of the divorce order, assuming you have already completed the required one year of separation. After a Supreme Court judge signs the Final Order (Form F52), the divorce does not become effective immediately. It takes effect on the 31st day after the order is signed, and neither spouse may remarry during this 31-day statutory appeal period. Joint applications move faster because no service on the other spouse is required when both parties sign and file together, eliminating the 30-day service waiting window.
Contested divorces in Burnaby take far longer, often 1 to 3 years, when property valuation, support disputes, or parenting arrangements require case conferences, applications, or trial dates at the New Westminster Law Courts. Roughly 94.78% of Canadian divorces rely on the one-year separation pathway, which is the slowest-starting but most predictable route. The two grounds based on misconduct, adultery (about 3% of cases) and physical or mental cruelty (about 2%), can avoid the one-year wait but require proof.
What are the residency requirements to file in Metro Vancouver?
To file for divorce in Burnaby or anywhere in Metro Vancouver, at least one spouse must have been ordinarily resident in British Columbia for at least one year immediately before starting the application, as required by section 3(1) of the Divorce Act. Both spouses do not need to live in BC. Only one must meet the 12-month rule. "Ordinarily resident" means the province is where the spouse regularly, normally, or customarily lives, and temporary absences for travel or work do not break residency. If neither spouse has lived in BC for 12 consecutive months, the BC Supreme Court lacks jurisdiction and you must file in another province where the requirement is met.
How is property divided for Burnaby couples?
Burnaby couples divide family property equally under section 81 of the Family Law Act (S.B.C. 2011, c. 25), which gives each spouse an undivided half interest in all family property as a tenant in common and equal responsibility for family debt, regardless of who earned or contributed it. Family property is defined in section 84 and includes the family home, investments, pensions, and business interests acquired during the relationship. Property owned before the relationship is generally excluded property under section 85, though the increase in its value during the relationship is divisible. A court will only order an unequal split if equal division would be "significantly unfair" under section 95. Married spouses have two years from the divorce order to apply to divide property; common-law spouses have two years from separation. The 2023 amendments added section 81.1, removing the presumptions of advancement and resulting trust from BC family property cases. Use the divorce cost estimator to model your total expenses, and read the British Columbia property division guide for detail.
How do parenting arrangements work in Burnaby?
Parenting arrangements for Burnaby children are decided under the best-interests test in section 37 of the Family Law Act, and the Act sets no presumption that parenting time or parental responsibilities should be shared equally. The BC Family Law Act uses "parental responsibilities" (section 41) and "parenting time" (section 42) rather than the older words "custody" and "access." Only guardians hold parental responsibilities, which cover day-to-day care, schooling, health care, and where the child lives. The federal Divorce Act uses the parallel terms "decision-making responsibility" and "parenting time." Both statutes require that the only consideration is the best interests of the child. Burnaby families negotiating a parenting plan can review the parenting arrangements guide before filing.