Divorce Filing Fees and Fee Waivers in British Columbia

Court costs are a real worry when money is tight. Some fees are fixed by the Supreme Court Family Rules, and there are ways to reduce or remove them.

This article covers the fees that the rules and the province set out, and how to ask the court to waive them. Fees are adjusted from time to time, so confirm current amounts with the registry before you file.

This article covers the law of British Columbia.

Fees to start your case

Divorce proceedings are started by filing a Notice of Family Claim (Form F3) in the Supreme Court registry. A family law case is commenced for a fee of $200 under Schedule 1 of Appendix C of the Supreme Court Family Rules.

If you are filing on your own, you must also have the papers served by someone else. Sheriff service fees are $100 to serve one person, $20 for each additional party at the same address and $30 for each additional party at a different address. A non-party adult aged 19 or older can also serve the papers.

After filing, the claimant must serve the notice of family claim on each respondent by personal service unless the court orders otherwise. The claimant cannot serve the papers personally. If personal service is impracticable, for example because your spouse cannot be found after a diligent search, the court can permit substituted service on application under Rule 6-4.

The final order stage has its own filing fee, listed with the Form F35 requisition. The amount is not set out here, so confirm it with the registry.

A desk order divorce also needs a Form F38 Affidavit – Desk Order Divorce, a Child Support Affidavit (Form F37) if there is a child of the marriage or a child support claim, and a Form F102 statement if corollary relief under the Divorce Act is sought. An amended Form F38 took effect January 19, 2026, so check that you are using the current form.

Ways to avoid the filing fee

• Mediation certificate: a person filing a notice of family claim or response need not pay the filing fee if they provide a Form F100 certificate of mediation from a qualified mediator at filing, subject to conditions in Schedule 1, s. 2(2).
• Fee waiver: the court may order that no government fees under Schedule 1 of Appendix C are payable by a person who receives benefits under the Employment and Assistance Act or who cannot, without undue hardship, afford to pay.
• Joint application (a related point about service, not a fee exemption): a joint application is made by both spouses together, which eliminates the need to serve the other spouse. How this affects your overall costs depends on your situation, so confirm with the registry.

The Online Divorce Assistant is for joint divorces where both spouses agree on all family law issues that affect the family and only need a divorce order. It does not fit couples who disagree on issues such as parenting, support or property, or a spouse who will not apply jointly.

How to apply for a fee waiver

Under Rule 20-5(3), you file three documents: a requisition in Form F17, a draft order in Form F85 (Order to Waive Fees) and an affidavit in Form F86 (Affidavit in Support of Order to Waive Fees). Form F85 states that no fee is payable by the named person to the government under Schedule 1 of Appendix C.

A waiver order can cover the whole case, part of it, a specific period or particular steps. The court can review, vary or rescind it on application or on its own motion. A waiver is not available if the court finds the claim or defence discloses no reasonable claim or defence, is scandalous, frivolous or vexatious, or is otherwise an abuse of process.

Fees after the divorce

A divorce takes effect on the thirty-first day after the day on which the judgment granting the divorce is rendered. The court may order it to take effect earlier if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned.

A Certificate of Divorce can be requested once 31 days have passed since the divorce order, at the Supreme Court registry where the divorce was filed or by mail. The fee is $40 in person. By mail, send a cheque or money order for $50 payable to the Minister of Finance, which includes a $10 mailing fee, with the court file number or both parties' full names, your mailing address and phone number.

If your divorce was granted 10 or more years ago, you may need to get a copy of the order from BC Archives and give it to the registry.

What to do next

• Confirm current fees with the Supreme Court registry.
• Ask whether you qualify for a fee waiver, and gather proof of benefits or your financial situation for the Form F86 affidavit.
• Consider a mediator if a Form F100 certificate could apply to you.
• Look into free help such as Family Justice Centres, Justice Access Centres, the Parenting After Separation course, BC Legal Referral Service and Legal Aid BC.
• Speak with a lawyer if you are unsure which route fits.

Frequently asked questions