Divorce Laws in British Columbia: Complete 2026 Guide

Under Canadian law, there is only one legal ground for divorce: breakdown of the marriage, as set out in section 8(1) of the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.). Canada operates as an exclusively no-fault divorce jurisdiction in practice, meaning that most divorces proceed without any allegation of wrongdoing by either spouse. Marriage breakdown can be established in one of three ways under section 8(2) of the Divorce Act: (a) the spouses have lived separate and apart for at least one year; (b) the spouse against whom the divorce proceeding is brought has committed adultery; or (c) the spouse against whom the proceeding is brought has treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. By far the most common basis for divorce in British Columbia is the one-year separation period. Living separate and apart for at least 12 months is the simplest, least adversarial, and least expensive path. Notably, spouses can file their divorce application before the one-year separation period has fully elapsed, as long as the full year will have passed by the time the divorce order is granted by the court. Spouses may even live under the same roof during the separation period, provided they maintain separate finances, social lives, and romantic relationships. If spouses attempt reconciliation, they may live together for up to 90 days without resetting the one-year clock; however, if they cohabit for more than 90 days, the separation period restarts. Fault-based grounds — adultery and cruelty — are available under the Divorce Act but are rarely pursued in British Columbia. These grounds require evidence, can significantly escalate conflict, increase legal costs, and consume precious court time. BC's family law system actively discourages fault-based claims when a divorce can proceed on the basis of the one-year separation. Courts recognize that fault-based proceedings tend to be more emotionally charged, adversarial, and damaging to co-parenting relationships. It is important to understand that regardless of which ground is used, the court must also be satisfied that there is no possibility of reconciliation, that adequate arrangements have been made for any children (including child support), and that there has been no collusion, connivance, or condonation with respect to the divorce application. These safeguards are built into the Divorce Act to protect the interests of all family members involved.

To file for divorce in British Columbia, at least one spouse must meet the residency requirement set out in section 3(1) of the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.). This section states that a court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been 'habitually resident' in the province for at least one year immediately preceding the commencement of the proceeding. This means that either you or your spouse must have been living in British Columbia continuously for at least 12 months before the divorce application is filed and must continue to reside in BC at the time of filing. The legal concept of 'habitual residence' refers to the place where, in the settled routine of an individual's life, they regularly, normally, or customarily live. It does not require Canadian citizenship or permanent residency — what matters is that the person's established home is in British Columbia. If neither spouse meets this one-year requirement, the BC Supreme Court does not have jurisdiction to grant the divorce, even if the marriage originally took place in British Columbia. In such cases, you may need to file in another province or territory where the residency requirement is met. Notably, only one spouse needs to satisfy the residency requirement. This means that if you have lived in BC for at least one year but your spouse lives outside the province — or even outside Canada — you can still file for divorce in BC Supreme Court. Conversely, if your spouse has lived in BC for at least one year, they could file in BC even if you live elsewhere. There is no county or district-level residency requirement in BC; the one-year provincial residency is the sole jurisdictional requirement for divorce under the Divorce Act.

Property division in British Columbia is governed by the provincial Family Law Act (S.B.C. 2011, c. 25), specifically Part 5 (Division of Property and Debt). Unlike the federal Divorce Act — which addresses divorce, parenting arrangements, and support — property division falls entirely under provincial jurisdiction. The Family Law Act, which came into full effect on March 18, 2013, establishes a presumptive equal division framework. Under section 81, each spouse is entitled to an undivided half interest in all family property and is equally responsible for family debt, regardless of whose name the property is in. Family property includes everything owned by either or both spouses on the date of separation, including the family home, vehicles, bank accounts, investments, RRSPs, pension benefits accumulated during the relationship, and business interests. However, the Family Law Act recognizes 'excluded property' under section 85, which is not subject to equal division. Excluded property includes assets owned by a spouse before the relationship began, gifts and inheritances received by one spouse during the relationship, certain insurance proceeds, and trust property. Importantly, while the excluded property itself remains with the original owner, any increase in the value of excluded property during the relationship is treated as family property and must be divided equally. Recent amendments to the Family Law Act (including new section 81.1, which received Royal Assent on May 11, 2023) clarified that the presumption of advancement and presumption of resulting trust no longer apply in BC family law, providing greater certainty when tracing excluded property. A court may order an unequal division of family property or debt only if it would be 'significantly unfair' to divide it equally, as set out in section 95 of the Family Law Act. This is a high threshold. When considering whether equal division would be significantly unfair, the court examines factors including: the duration of the relationship, whether one spouse's contributions were significantly greater, whether a spouse acted after separation to increase or decrease the value of property or debt, and the tax consequences of property transfers. Spouses are free to agree to divide their property differently through a separation agreement. The property division rules in BC apply equally to married couples and to unmarried couples who have lived together in a marriage-like relationship for at least two years. Married spouses have two years from the date of a divorce order or annulment to apply for property division, while unmarried spouses have two years from the date of separation.

Spousal support in British Columbia is governed by both the federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) for married couples seeking divorce, and the provincial Family Law Act (S.B.C. 2011, c. 25), which applies to both married and unmarried spouses. Spousal support is not automatic — it must be established that one spouse has an entitlement to receive it. Under section 161 of the Family Law Act (mirroring section 15.2(6) of the Divorce Act), courts consider four key objectives when determining entitlement: (a) recognizing any economic advantages or disadvantages arising from the relationship or its breakdown; (b) apportioning between the spouses any financial consequences arising from the care of children; (c) relieving any economic hardship arising from the breakdown of the relationship; and (d) as far as practicable, promoting the economic self-sufficiency of each spouse within a reasonable period of time. There are generally three recognized bases for spousal support entitlement: compensatory entitlement (where one spouse suffered economic loss or hardship due to roles taken during the relationship, such as leaving the workforce to raise children); contractual entitlement (based on a prior agreement between the spouses); and needs-based entitlement (where one spouse cannot meet their basic living expenses after separation and the other has the ability to help). Once entitlement is established, the amount and duration of support are determined under section 162 of the Family Law Act, which directs the court to consider the conditions, means, needs, and circumstances of each spouse, including the length of the relationship, the functions performed by each spouse during it, and any existing agreements or orders. In practice, both lawyers and judges commonly rely on the Spousal Support Advisory Guidelines (SSAG) to calculate an appropriate range for the amount and duration of spousal support. The SSAG use mathematical formulas based on each spouse's income, the length of the relationship, the ages of the spouses, and whether there are dependent children. While the SSAG are not legislatively binding, they are widely applied across British Columbia and Canada. Spousal support may be paid as periodic (monthly) payments, a lump sum, or a combination. In longer relationships, support may be ordered indefinitely, while in shorter relationships, it may be time-limited to allow the recipient to become self-sufficient. Child support always takes priority over spousal support under section 173 of the Family Law Act and section 15.3 of the Divorce Act. Time limits apply for claims: under the Family Law Act, married spouses must apply within two years of their divorce order, and unmarried spouses within two years of separation; however, there is no time limit for married spouses claiming under the Divorce Act.

When a marriage or relationship with children ends in British Columbia, the legal framework for parenting is governed by both the federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) — as significantly amended in 2021 — and the provincial Family Law Act (S.B.C. 2011, c. 25). Under the 2021 amendments to the Divorce Act, the terms 'custody' and 'access' were replaced with 'parenting arrangements,' 'parenting time,' and 'decision-making responsibility.' These terms better reflect the modern understanding that both parents remain actively involved in their children's lives after separation. 'Parenting time' refers to the time a child spends with each parent, while 'decision-making responsibility' refers to the authority to make significant decisions about the child's well-being, including decisions about health, education, culture, language, religion, and significant extracurricular activities. The paramount consideration in all parenting decisions is the best interests of the child. Under section 37 of the Family Law Act and section 16 of the Divorce Act, courts consider a wide range of factors when determining what parenting arrangements serve the child's best interests. These include: the child's health and emotional well-being; the child's existing relationships and emotional ties with parents, siblings, and other significant persons; each parent's ability and willingness to care for the child; the child's views, depending on age and maturity; the history of care and the nature of the child's relationship with each parent; the ability and willingness of each parent to communicate and cooperate with the other on matters affecting the child; and the impact of any family violence on the child's safety and well-being. The 2021 Divorce Act amendments placed particular emphasis on family violence as a factor, requiring courts to consider the nature, seriousness, and frequency of violence and its impact on the child and the parent's ability to care for the child. British Columbia encourages parents to develop their own parenting plans — written agreements that set out how parenting time and decision-making responsibility will be shared. A well-crafted parenting plan can cover daily schedules, holiday arrangements, communication protocols between parents, how major decisions will be made, and dispute resolution processes. When parents cannot agree, either parent may apply to the BC Supreme Court or BC Provincial Court for a parenting order. The Provincial Court handles matters under the Family Law Act, while the Supreme Court can make orders under both the Family Law Act and the Divorce Act. BC courts strongly encourage alternative dispute resolution methods, including mediation and collaborative family law, and the province provides free Family Justice Counsellors at more than 40 Family Justice Centres to help parents resolve parenting disputes outside of court.

The divorce process in British Columbia begins by filing a court application — called a Notice of Family Claim — at a BC Supreme Court registry. Only the Supreme Court has jurisdiction to grant divorce orders in BC. There are two types of applications: a sole application, where one spouse files using Form F3 (Notice of Family Claim), and a joint application, where both spouses file together using Form F1 (Notice of Joint Family Claim). The BC government provides a free Online Divorce Assistant tool (at justice.gov.bc.ca/divorce) that guides couples through a joint divorce application by asking questions and automatically generating the required court forms. For a sole divorce application, the process involves two stages. In the first stage, you prepare and file your Notice of Family Claim (Form F3) along with your marriage certificate and any separation agreement at the BC Supreme Court registry, paying the applicable filing fee (approximately $210 for the initial filing). Three copies must be prepared. The filed documents must then be served on your spouse, typically by a professional process server. The second stage cannot begin until at least 30 days after the documents have been served, giving the other spouse time to respond. If no response is filed, you proceed to the second stage by filing additional court forms — including affidavits and a requisition — and paying an additional filing fee (approximately $80). The documents are reviewed by a judge in chambers (a desk order process), and if everything is in order, the judge signs the divorce order without requiring a court appearance. For a joint divorce application, service on the other spouse is not required since both parties sign and file together. This eliminates the 30-day waiting period for service and can expedite the process. In either case, total court filing fees range from approximately $290 to $330. Additional costs may include process server fees, fees for obtaining a certified marriage certificate, and notary fees for commissioning affidavits (the Supreme Court registry charges approximately $40 per affidavit). If you hire a lawyer, legal fees for an uncontested desk order divorce typically range from $1,300 to $2,500. An uncontested divorce generally takes 3 to 4 months from filing to the granting of the divorce order. Once the order is granted, the divorce becomes final 31 days later, and you may then request a Certificate of Divorce as proof that the marriage has legally ended. British Columbia has three levels of court, all of which play a role in family law matters: the Provincial Court of British Columbia, the Supreme Court of British Columbia, and the Court of Appeal for British Columbia. Each court has distinct jurisdiction and procedures. Only the BC Supreme Court can grant a divorce order under the Divorce Act, making it the essential court for any spouse seeking to legally end their marriage. The Supreme Court is a court of general and inherent jurisdiction, meaning it can hear any type of family law case, including divorce, property division, parenting arrangements, child support, and spousal support under both the Divorce Act and the Family Law Act. The Provincial Court of British Columbia (sometimes called Family Court) handles family law matters under the Family Law Act, including parenting arrangements, child and spousal support, guardianship, and protection orders. However, the Provincial Court cannot grant divorces or make property division orders. Many separating couples in BC use both courts — they may address urgent parenting and support issues in the Provincial Court under the Family Law Act, and then proceed to the Supreme Court to deal with property division and obtain their divorce order. Since January 4, 2022, parents appearing in Provincial Court on child-related family matters are required to complete the free Parenting After Separation (PAS) course before their court appearance. The Court of Appeal for British Columbia is the province's highest court and hears appeals from decisions of both the Supreme Court and the Provincial Court (though Provincial Court family decisions are first appealed to the Supreme Court, with further appeal to the Court of Appeal). If either spouse wishes to appeal a divorce order or any related family law order, the appeal must be filed within 30 days. The BC court system is supported by an extensive network of court registries across the province, Family Justice Centres that provide free mediation and information services, and Justice Access Centres in several major cities that help self-represented litigants navigate the system.

The primary waiting or separation period in British Columbia divorce is the one-year separation requirement under section 8(2)(a) of the Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.). For the most common ground of divorce — marriage breakdown by separation — spouses must live separate and apart for at least one year before the court will grant a divorce order. This one-year separation period is mandatory and cannot be waived by the court. However, you do not need to wait the full year before initiating the process: a divorce application may be filed at any time after separation, provided the one-year period will have elapsed by the time the divorce order is actually granted. During the one-year separation period, spouses may live under the same roof if they maintain genuinely separate lives — keeping separate finances, sleeping arrangements, social activities, and romantic relationships. The law recognizes that financial constraints or housing situations may prevent spouses from maintaining separate residences immediately. Additionally, the Divorce Act permits a reconciliation attempt of up to 90 days during the separation period without resetting the clock. If the spouses resume cohabitation for more than 90 days and then separate again, the one-year period starts over from the date of the second separation. After a divorce order is granted by the BC Supreme Court, there is an additional mandatory 31-day waiting period before the divorce becomes final, as specified in section 12(1) of the Divorce Act. This 31-day period exists to allow either spouse to appeal the divorce order. The divorce is automatically final on the 31st day after the order is granted, provided no appeal has been filed. Spouses cannot legally remarry until this 31-day period has passed. For divorces based on adultery or cruelty, there is no one-year separation requirement — however, these fault-based grounds require evidence and are rarely pursued in BC because they are more contentious, costly, and time-consuming.