Divorce Resources in British Columbia: Court Forms, Legal Aid & Filing Guide

To file for divorce in British Columbia, you must commence proceedings in the BC Supreme Court by filing a Notice of Family Claim (Form F3) for a sole application or a Notice of Joint Family Claim (Form F1) if both spouses agree on all issues. Under Divorce Act (Canada), s. 8(1), the sole ground for divorce is breakdown of marriage, established by living separate and apart for at least one year, adultery, or physical or mental cruelty under Divorce Act, s. 8(2). You or your spouse must have been habitually resident in British Columbia for at least one year before filing under Divorce Act, s. 3(1). The filing fee is $200 for a Notice of Family Claim at the Supreme Court registry, plus a $10 federal Registration of Divorce Proceedings fee.

After filing Form F3 at your local Supreme Court registry, you must arrange personal service of two copies on your spouse through a process server — you cannot serve documents yourself under Supreme Court Family Rule 6-3. The process server must complete an Affidavit of Personal Service (Form F15). Your spouse then has 30 days to file a Response to Family Claim (Form F4) if served within British Columbia, or 60 days if served outside the province. You must also file the federal Registration of Divorce Proceedings form (JUS280) at the registry, which is sent to Ottawa's Central Registry to confirm no duplicate proceedings exist across Canada.

For an uncontested "desk order" divorce, file an Affidavit — Desk Order Divorce (Form F38), a draft Final Order (Form F52), and a Certificate of Pleadings (Form F36) prepared by the registry. If there are children of the marriage, you must also file a Child Support Affidavit (Form F37) describing the Federal Child Support Guidelines amount under Divorce Act, s. 11(1)(b) and Federal Child Support Guidelines, SOR/97-175. If spousal support is claimed, both parties must exchange Financial Statements (Form F8) with three years of tax returns and current pay stubs under Supreme Court Family Rule 5-1. The requisition filing fee for a desk order divorce is $80.

A judge reviews all documents without a court appearance for uncontested matters. The court will not grant a divorce unless satisfied that reasonable arrangements have been made for children under Divorce Act, s. 11(1)(b). Once the Divorce Order is granted, it becomes final 31 days later under Divorce Act, s. 12(1), after which either party may remarry. For joint divorces, the free BC Online Divorce Assistant at justice.gov.bc.ca/divorce generates all required forms. The entire uncontested process typically costs $290 to $330 in court fees and can be completed in three to four months from filing.

British Columbia requires parents to complete a free Parenting After Separation (PAS) course before appearing in Provincial Court on matters involving guardianship, parenting arrangements, contact with a child, or child or spousal support, pursuant to the Provincial Court Family Rules. The three-hour course covers the impact of separation on children, co-parenting strategies, safety issues, and alternative dispute resolution options. Parents must file a Certificate of Class Completion before the court will schedule a Family Management Conference. Certificates expire after 24 months. The requirement applies to both parents in all Provincial Court family matters, whether married, common-law, or never cohabiting.

In BC Supreme Court, the PAS course is not mandatory but is strongly recommended by the court and family justice counsellors. Specialized versions include High Conflict PAS for parents in protracted litigation, Financial PAS for separating finances, and Parenting After Separation for Indigenous Families. The course is administered by the BC Ministry of Attorney General through the Family Justice Services Division and available free online at www2.gov.bc.ca. Exemptions apply for protection orders, priority parenting matters, relocation, enforcement, case management, and consent orders.

Mediation is not automatically mandatory for divorce proceedings in British Columbia, but either party can compel mediation through the Notice to Mediate (Family) Regulation, enacted under Law and Equity Act, s. 68. Any party to a family law proceeding in BC Supreme Court may deliver a Notice to Mediate between 90 days after the first Response to Family Claim is filed and 90 days before the trial date, unless the court orders otherwise. Both parties must agree on a mediator within 14 days; if they cannot agree, the Alternative Dispute Resolution Institute of British Columbia will appoint one. The Family Law Act, s. 4 expressly encourages parties to resolve family law disputes through out-of-court processes including mediation, collaborative law, and arbitration.

A mandatory pre-mediation screening by the mediator is required to assess power imbalances, domestic violence, and abuse before mediation proceeds. The mediator may terminate the process if safety concerns are identified. Mediation costs are shared equally unless parties agree otherwise. Parties who file a Certificate of Mediation (Form F100) from a qualified mediator are exempt from paying the $200 Notice of Family Claim filing fee or the $25 Response to Family Claim fee under Supreme Court Family Rules, Appendix C, Schedule 1, s. 2(2). In Early Resolution Registries of the Provincial Court, a consensual dispute resolution session is mandatory before filing a family law application.

Financial disclosure is mandatory in all BC Supreme Court family law proceedings involving child support, spousal support, or property division. Under Supreme Court Family Rule 5-1, the claimant must serve a Financial Statement (Form F8) with applicable income documents within 30 days of filing a Notice of Family Claim. The respondent must do the same within 30 days of being served. Applicable income documents include the last three years of income tax returns with Notices of Assessment, the most recent pay stub, and documentation of all other income sources. Self-employed parties must additionally provide financial statements for businesses they own or control.

Form F8 has six parts: income, expenses, property (assets and debts), special or extraordinary expenses, undue hardship, and household income. All spousal support claims require Parts 1, 2, and 3. Property division claims under Family Law Act, Part 5 require Part 3 with current property valuations and real property assessment notices. The form is sworn under oath, and dishonesty carries the same consequences as perjury. Under Supreme Court Family Rule 5-1(8), failure to disclose may result in the court striking pleadings, dismissing claims, imputing income for support calculations, or holding a party in contempt. All disclosed documents must be kept confidential and used only for the proceeding.