British Columbia Supreme Court Divorce Filing Fees and Waivers

Only the Supreme Court of British Columbia can grant a divorce. Divorce proceedings are started by filing a Notice of Family Claim in the Supreme Court registry. Knowing which fees apply, and when, helps you avoid surprises at the counter.

This article lists the main fees tied to a divorce, explains the fee exemption for mediation and the fee waiver process, and notes where you should confirm current amounts.

This article covers the law of British Columbia.

The fee to start your divorce

Divorce proceedings are started by filing a Notice of Family Claim in the Supreme Court registry. Ask the registry to confirm the current form before you file. A family law case is commenced for a fee of $200 under Schedule 1 of Appendix C of the Supreme Court Family Rules.

Fees in the Rules can be adjusted, so confirm the current amount with the registry. If you are applying jointly with your spouse, ask the registry how the fee applies to your joint filing.

Other fees along the way

Sheriff fees apply when you use that service. After filing, the notice of family claim must be served on each respondent by personal service unless the court orders otherwise. Personal service is made by a person who is not a party and is at least 19 years old, so you cannot serve the papers yourself. 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. A joint application eliminates the need to serve the other spouse.

If you want a certificate of divorce, attend the Supreme Court registry where the divorce was filed, or mail a request to that registry, and make sure 31 days have passed since the divorce order. If you apply by mail, include the court file number or both parties' full names, your mailing address and your phone number. If your divorce was granted 10 or more years ago, you may need to obtain a copy of the divorce order from BC Archives and give it to the court registry.

Mediation exemption

A person filing a notice of family claim or response need not pay that filing fee if they provide a Form F100 certificate of mediation from a qualified mediator at filing. This is subject to the conditions in Schedule 1, section 2(2) of Appendix C. Ask the mediator whether your situation meets those conditions.

Fee waivers under Rule 20-5

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 the fees.

To apply, you file three documents:

• a requisition in Form F17
• a draft order in Form F85 (Order to Waive Fees)
• 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. The order can cover the whole case, part of it, a specific period, or particular steps.

There are limits. A waiver is not available where the court finds the claim or defence discloses no reasonable claim or defence, is scandalous, frivolous or vexatious, or is otherwise an abuse of the process of the court. The court can also review, vary or rescind a waiver order, on application or on its own motion. Rule 20-5 refers to government fees under Schedule 1, so do not assume it covers other costs such as sheriff service, and ask the registry.

What to do next

• Confirm the current fees with the Supreme Court registry where you will file.
• Decide whether you are filing jointly or alone, since that affects service costs.
• Check whether a mediation certificate in Form F100 could exempt you from the filing fee.
• If money is tight, look into a fee waiver, which involves Forms F17, F85 and F86. Ask the registry about timing before you pay anything.
• Keep receipts for every fee you pay.
• For help with forms, contact a Family Justice Centre or Justice Access Centre, or Legal Aid BC.

Frequently asked questions