Introduction
If you are considering or preparing for a divorce in British Columbia, understanding the legal framework is an essential first step. Divorce in Canada is governed primarily by the federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.), while provincial legislation — most notably the Family Law Act (S.B.C. 2011, c. 25) — addresses matters such as property division, parenting arrangements, and spousal support.
This guide provides a comprehensive overview of the divorce process in British Columbia, including the legal grounds you must establish, the residency requirements you must meet, how property is divided, how parenting arrangements and decision-making responsibility are determined, and what to expect in terms of timelines and costs. Whether your divorce is straightforward or complex, the information below will help you navigate the process with greater confidence.
Important: This guide is for informational purposes only and does not constitute legal advice. Family law matters are highly fact-specific, and you should consult a qualified British Columbia family lawyer for guidance tailored to your situation.
Grounds for Divorce
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. Canada operates as an exclusively no-fault divorce jurisdiction in practice, meaning you do not need to prove that one spouse did something wrong in order to end the marriage.
Breakdown of the marriage can be established in one of three ways:
1. One-Year Separation
The most common basis for divorce is that the spouses have lived separate and apart for at least one year before the divorce judgment is granted. You can file your application for divorce before the one-year period has elapsed, but the court will not grant the divorce order until at least 12 months of separation have passed.
It is important to note that "living separate and apart" does not necessarily require living in different homes. Spouses can be considered separated while still residing under the same roof, provided they have clearly ended the marital relationship. Evidence of separate sleeping arrangements, separate finances, and the absence of a shared social life as a couple can support a claim of separation under one roof.
2. Adultery
A spouse may seek divorce on the ground that the other spouse committed adultery. The spouse seeking the divorce on this basis must not have condoned (forgiven or accepted) the adultery. In practice, this ground is rarely relied upon because proving adultery can be difficult, costly, and emotionally draining, and it offers no advantage over the one-year separation ground in terms of the final outcome.
3. Cruelty
A divorce may also be granted if one spouse has treated the other with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses. Like adultery, cruelty as a ground for divorce is uncommon in practice for the same reasons — it requires a higher evidentiary burden and generally does not affect the division of property or other ancillary matters.
Residency Requirements
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. Specifically, at least one spouse must have been ordinarily resident in British Columbia for at least one year immediately before the divorce application is filed.
"Ordinarily resident" means that the province is where the spouse regularly, normally, or customarily lives. Temporary absences — such as business travel or vacations — do not usually disrupt ordinary residency.
If neither spouse meets this requirement, the application must be filed in the province or territory where the residency threshold is satisfied.
Property Division
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). The Act creates a regime that distinguishes between family property and excluded property.
Family Property
Family property generally includes all real property, bank accounts, investments, pensions, RRSPs, business interests, and other assets owned by either or both spouses on the date of separation, regardless of whose name is on the title. Family property is presumptively divided equally (50/50) between the spouses.
Family debt — any debt incurred during the relationship or to acquire or maintain family property — is also divided equally.
Excluded Property
Certain categories of property are excluded from division, including:
- Property acquired by a spouse before the relationship
- Gifts and inheritances received by a spouse during the relationship
- Some insurance proceeds and certain trust property
- Awards for damages or personal injury settlements (except for income replacement)
While excluded property itself is not divided, any increase in the value of excluded property during the relationship is considered family property and is subject to equal division.
Unequal Division
A court may order an unequal division of family property or family debt if an equal division would be significantly unfair, taking into account factors listed in section 95 of the Family Law Act, such as the duration of the relationship, a spouse's contribution to the other spouse's career, or whether a spouse has dissipated family property.
Parenting Arrangements
When a divorcing couple has children, establishing appropriate parenting arrangements is often the most important — and most sensitive — part of the process. Both the Divorce Act and the British Columbia Family Law Act use the terminology "parenting arrangements" and "decision-making responsibility" rather than outdated terms.
Best Interests of the Child
The paramount consideration in all matters relating to children is the best interests of the child. Under section 37 of the Family Law Act and section 16 of the Divorce Act, the court must consider a broad range of factors, including:
- The child's health and emotional well-being
- The child's views, depending on their age and maturity
- The nature and strength of the child's relationships with each parent and other significant people
- Each parent's ability and willingness to care for the child
- Any history of family violence
- The child's need for stability
Parenting Time and Decision-Making Responsibility
Parenting time refers to the time each parent spends with the child, during which that parent is responsible for the child's day-to-day care. Decision-making responsibility refers to the authority to make significant decisions about the child's well-being, including decisions about health, education, language, culture, religion, and extracurricular activities.
Parents are encouraged to develop a parenting plan cooperatively, often with the assistance of a family mediator or collaborative family law professionals. If parents cannot agree, the court will impose an arrangement that serves the child's best interests.
Contact with Non-Parents
The Family Law Act also provides that other people who are significant in the child's life — such as grandparents — may apply for contact with the child.
Spousal Support
Spousal support (sometimes informally called alimony) may be available to either spouse following separation and divorce. Both the Divorce Act (section 15.2) and the Family Law Act (Part 7) address spousal support.
Entitlement
Spousal support is not automatic. Entitlement is assessed based on factors such as:
- The roles adopted during the marriage (e.g., one spouse staying home to care for children)
- The economic advantages or disadvantages arising from the marriage or its breakdown
- The financial need of the recipient and the ability of the payor to pay
- The goal of promoting the self-sufficiency of each spouse, where practicable
Amount and Duration
While the Divorce Act sets out the objectives and factors for spousal support, Canadian courts and lawyers commonly refer to the Spousal Support Advisory Guidelines (SSAGs) to determine the range of appropriate amounts and duration. The SSAGs are not legislation, but they are widely used as a practical tool and accepted reference point.
The amount and duration of support depend heavily on the length of the marriage, the income disparity between the spouses, and the presence of dependent children.
Filing Process
The divorce process in British Columbia generally follows these steps:
Step 1: Determine Eligibility
Confirm that at least one spouse has been ordinarily resident in British Columbia for at least one year and that a ground for divorce exists.
Step 2: Prepare and File Your Application
You will file a Notice of Family Claim (Form F3) in the Supreme Court of British Columbia. This document sets out your claim for divorce and any other relief you are seeking (e.g., property division, parenting arrangements, spousal support).
Step 3: Serve the Other Spouse
The filed documents must be personally served on the other spouse, unless the court orders an alternative method of service.
Step 4: Response
The responding spouse has 30 days (or 60 days if served outside of Canada) to file a Response to Family Claim (Form F4). If no response is filed, the applicant may proceed on an uncontested (desk order) basis.
Step 5: Financial Disclosure
Both spouses are required to make full and frank financial disclosure. This typically involves completing and exchanging Financial Statements (Form F8) and supporting documentation.
Step 6: Negotiate or Litigate
Spouses are encouraged to resolve outstanding issues through negotiation, mediation, collaborative law, or arbitration. If settlement is not possible, the matter proceeds to a judicial case conference and potentially trial.
Step 7: Obtain the Divorce Order
Once all requirements are met, the court grants a Divorce Order. The divorce does not become final until 31 days after the order is made, to allow for any appeal.
Step 8: Obtain the Divorce Certificate
After the 31-day period, either spouse can request a Certificate of Divorce from the court, which is proof that the marriage has been legally dissolved.
Timeline & Costs
Timeline
- Separation period: At least 1 year of living separate and apart (for no-fault divorce)
- Uncontested divorce: Typically 4–6 months from filing to the divorce order, assuming the one-year separation period has already elapsed
- Contested divorce: Can take 1–3 years or more, depending on the complexity of the issues
- Waiting period after order: 31 days before the divorce becomes final
Costs
- Court filing fee: Approximately $290–$330 (as of February 2026; verify the current fee with your local court registry)
- Legal fees: Vary widely depending on whether the divorce is uncontested or contested, the complexity of property and parenting issues, and the professionals involved. An uncontested, straightforward divorce may cost $1,500–$3,500 in legal fees, while a contested divorce can cost significantly more.
- Additional costs: May include fees for financial experts, parenting assessors, mediators, and process servers.
Conclusion
Divorce is a significant legal and personal transition. British Columbia's legal framework — combining the federal Divorce Act with the provincial Family Law Act — provides a structured process for dissolving a marriage, dividing property, establishing parenting arrangements, and addressing spousal support. While uncontested divorces can proceed relatively quickly and affordably, complex situations involving significant assets, disagreements about parenting arrangements, or disputes over spousal support may require professional legal assistance and more time to resolve.
Legal Disclaimer: This guide is intended for general informational purposes only and does not constitute legal advice. The information provided reflects the law as of early 2026 and may not account for subsequent legislative changes or court decisions. Every divorce involves unique facts and circumstances. You should consult a qualified family lawyer licensed in British Columbia before making any decisions about your divorce or related legal matters. No solicitor-client or attorney-client relationship is created by reading this guide.