- A BC court has jurisdiction if either spouse has been habitually resident in British Columbia for at least one year immediately before the proceeding starts.
- A divorce is started by filing a Notice of Family Claim (Form F3) in the Supreme Court registry.
- If your spouse lives outside BC, service rules are different and the court's leave may be needed.
If you married in another country but now live in British Columbia, you may wonder whether a BC court can end your marriage. The place of the wedding is not what the residency rule looks at. It looks at where you live.
This article explains the residency rule, the usual steps to start a divorce and the service issues that can arise when a spouse is abroad. Questions about proving a foreign marriage or translating foreign documents depend on the documents, so confirm them with the court registry or a lawyer.
This article covers the law of British Columbia.
Can a BC court grant the divorce?
Only the Supreme Court of British Columbia can grant a divorce in BC. A court has jurisdiction where either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts, and only one spouse needs to meet this.
The Province of BC puts it simply: you or your spouse have lived in BC for a year or more.
The grounds are the same
Breakdown of the marriage is the only ground for divorce. It is established if the spouses have lived separate and apart for at least one year immediately before the proceeding is determined and were living apart when it started, or if the spouse the proceeding is brought against has committed adultery or cruelty that makes continued cohabitation intolerable.
The court must also be satisfied that reasonable arrangements have been made for any children of the marriage, including child support.
Proving the marriage and foreign documents
How the court treats your marriage, including one that took place outside Canada, depends on your situation, so it is worth confirming with a lawyer. What the court accepts for a marriage abroad, and whether a certificate in another language needs a translation or other certification, can depend on the country and the document. Ask the Supreme Court registry what it needs before you file, and consider asking a lawyer. When you ask, it can help to have the following details and documents ready.
- Your marriage certificate.
- Any translation of the certificate, if it is not in English.
- Proof of where you have lived and for how long.
- The date you separated.
Starting the case and serving a spouse abroad
A divorce proceeding is started by filing a Notice of Family Claim (Form F3) in the Supreme Court registry, and the fee to commence a family law case is $200. A joint application made by both spouses together removes the need to serve the other spouse.
On a sole application, the claimant must serve the notice on each respondent by personal service unless the court orders otherwise. The person who serves must not be a party and must be at least 19 years of age, so you cannot serve the papers yourself.
A notice of family claim may be served outside BC without leave if the court has jurisdiction under the statutes listed in Rule 6-5(1). In other cases, Rule 6-5(2) requires leave of the court. 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.
If your spouse is served but does not respond, the case can still proceed as uncontested.
What to do next
- Confirm that you or your spouse has lived in BC for at least a year.
- Collect your marriage documents and any translations.
- Find out where your spouse is and whether they will agree to a joint application.
- Ask the registry or a lawyer how to handle service outside BC.
- Use free help if you are acting on your own, such as Family Justice Centres, Justice Access Centres or Legal Aid BC.
Frequently asked questions
Does it matter that we married in another country?
The residency rule looks at whether either spouse has been habitually resident in BC for at least one year before the proceeding starts. Documents from the foreign marriage may raise extra questions, so confirm them with the registry or a lawyer.
What if my spouse lives abroad and I cannot serve them?
Service outside BC may need the court's leave in some cases. If personal service is impracticable, the court can permit substituted service on application.
Can we avoid serving each other?
A joint application made by both spouses together removes the need to serve the other spouse.
How long does the original claim stay valid?
An original notice of family claim does not remain in force for more than 12 months. If a respondent has not been served, the court may renew it for up to 12 more months on application.
Sources
- Province of BC – What do I need to know about getting a divorce? — www2.gov.bc.ca
- Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)), s. 8 — Justice Laws (federal)
- Divorce Act, s. 3 — Justice Laws (federal)
- Supreme Court Family Rules, Appendix C, Schedule 1 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Rule 6-3 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Rule 6-4 — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.