How to Get a Divorce in BC
A plain-language walkthrough of divorce in BC: the one-year rule, the Supreme Court process, BC's 2-year common-law property rule, the forms and fees, and the timeline.
Divorce in British Columbia runs on two tracks that are easy to mix up. The divorce itself is federal and comes from the Supreme Court of BC. Everything around it, your property, support, and parenting, runs under BC's own Family Law Act. Getting that straight early saves confusion, and it matters even more in BC because of one rule that catches a lot of people off guard. This guide covers the steps, the forms and fees, the timeline, and when to get a lawyer.
If there's family violence in your relationship, your situation is different and help is available quickly. Talk to a lawyer or a Family Justice Counsellor right away.
Can you get a divorce in BC yet?
You or your spouse must have lived in BC for at least a year before starting, and there has to be a ground. Canada has one: breakdown of the marriage, usually shown by living separate and apart for a year. You can try to reconcile for up to 90 days without restarting that clock. Adultery and cruelty are the other two routes, and both have to be proven.
The rule that surprises people: BC's 2-year common-law right
This is the BC difference. Under BC's Family Law Act, if you lived with someone in a marriage-like relationship for at least two years, you're a "spouse" for property purposes, and you generally get the same right to an equal division of family property and debt as a married couple. That's very different from Ontario, where living together, no matter how long, gives no automatic right to divide property. A divorce itself is still only for married couples, so common-law partners don't "divorce," but qualifying ones split property and owe support under the same rules and resolve it without a divorce order. If you have a child together but lived together less than two years, you're a spouse for support only, not property.
Which court grants a divorce?
Only the Supreme Court of British Columbia can grant a divorce or divide family property and debt. The Provincial Court of BC can make parenting and support orders, but it can't grant a divorce or divide property. So the moment a divorce or a property split is involved, you're in Supreme Court.
The forms and how to file
If you both agree, you file a Notice of Joint Family Claim (Form F1), and no one has to be served. If you file on your own, you file a Notice of Family Claim (Form F3) and serve your spouse, who has 30 days to respond with a Form F4; with no response it proceeds undefended. An uncontested case can finish as a "desk order" divorce, decided by a judge from the filed documents with no court appearance. You can download the BC Supreme Court family forms, and many documents can be filed electronically through Court Services Online.
What does it cost?
Two fees to start: a $200 BC Supreme Court fee to file the claim, plus a mandatory $10 federal registry fee, so about $210 up front. Fees change and a registry can charge for later steps, so confirm the current amounts. A fee waiver is available for people on a low income or facing undue hardship, though the $10 federal fee can't be waived.
How long does it take, and when are you divorced?
A simple, uncontested desk-order divorce is commonly finished within a few months, but that's an estimate, not a promise, and it depends on the registry. The firm rule is that your divorce takes effect on the 31st day after the order is made, and you can't remarry until then. A Certificate of Divorce is available afterward as your proof.
Do you need a lawyer?
Not for a simple, uncontested divorce, which many people complete themselves with the desk-order process. Get advice when there are contested issues, family property or a pension to divide, a support dispute, complex assets, or any safety concern. BC also offers free help short of hiring a lawyer: Family Justice Counsellors, who are accredited mediators for parenting and support matters, plus Legal Aid BC for those who qualify and the BC Legal Referral Service for a free first consultation.
When you're ready, browse family-law firms across BC, or start with family-law firms in Metro Vancouver.
Frequently asked questions
Do common-law couples get divorced in BC?
No, a divorce is only for married couples. But in BC, partners who lived together in a marriage-like relationship for at least two years generally share family property and owe support the same as married spouses, so they still have to divide property and settle support, just without a divorce order.
Which BC court grants my divorce?
The Supreme Court of British Columbia. The Provincial Court can deal with parenting and support but cannot grant a divorce or divide property.
What does it cost to start?
About $210 up front: a $200 Supreme Court filing fee plus a $10 federal registry fee. A fee waiver is available for low income or undue hardship.
