Can You Get a Divorce in BC Without Your Spouse's Consent?

If your spouse will not sign anything, will not talk, or cannot be found, it can feel as though you are stuck. In British Columbia, a divorce does not depend on both spouses wanting one.

This article explains how a sole application works, how service on your spouse happens, and what changes if your spouse responds or stays silent. It is general information, not legal advice.

This article covers the law of British Columbia.

Your spouse's consent is not a requirement

The Divorce Act allows a court to grant a divorce on application by either or both spouses, on the ground that the marriage has broken down. Breakdown is the only ground. Nothing in that test requires the other spouse to agree to the divorce.

A joint application is one made by both spouses together. When your spouse will not cooperate, you apply on your own, which is called a sole application. A divorce applied for by one spouse can still proceed as uncontested if the other spouse does not respond after being served.

What you need to show

Breakdown is established in one of two ways.

• The spouses have lived separate and apart for at least one year immediately before the divorce is determined, and were living separate and apart at the start of the proceeding.
• The spouse you are bringing the proceeding against has committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable. This must be committed by that spouse, and the one-year wait does not apply when it is proven.

You can apply at any time after separating, but the court will not grant a divorce on the separation ground until you have been separated for at least one year. Spouses are treated as living separate and apart for any period when they lived apart and either of them intended to live separate and apart. If you tried to reconcile, the separation is not interrupted just because you resumed living together for periods totalling not more than ninety days with reconciliation as the primary purpose.

Either you or your spouse must also have lived in BC for at least one year immediately before the proceeding starts.

Starting the case and serving your spouse

A divorce proceeding is started by filing a Notice of Family Claim (Form F3) in the Supreme Court registry. The filing fee is $200 under the Supreme Court Family Rules, though a person who provides a Form F100 certificate of mediation from a qualified mediator at filing may not need to pay it, subject to conditions. If paying would cause undue hardship, the court may order that no government fees are payable, using Forms F17, F85 and F86.

After filing, you must serve the notice of family claim on your spouse by personal service unless the court orders otherwise. Personal service is made by a person who is not a party and who is at least 19 years old leaving the document with your spouse. You cannot serve the papers yourself. A document served before 4 p.m. on a day that is not a Saturday or holiday is deemed served that day; otherwise it is deemed served the next such day.

Sheriff service is an option, with fees of $100 to serve one person. Service is proved by an affidavit of personal service in Form F15, or by your spouse filing a response.

If your spouse responds, ignores it, or cannot be found

If your spouse is not served promptly, note that an original notice of family claim does not remain in force for more than 12 months. The court may renew it on application for up to 12 more months, and may renew again.

Getting the final order when the case is undefended

In an undefended case, you apply for judgment by filing a requisition in Form F35. Where divorce is sought, evidence may be given by affidavit unless the court orders otherwise, so a hearing is often not needed. The F35 lists what is filed with it: a draft order, proof the case is undefended, a registrar's certificate in Form F36, and the filing fee.

A desk order divorce also needs the Form F38 affidavit, 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. The F38 must be sworn within 30 days of filing the application unless the court allows an earlier affidavit. An amended F38 took effect January 19, 2026, so use current forms.

The court must still be satisfied that reasonable arrangements have been made for any children, including child support. Once granted, a divorce takes effect on the thirty-first day after the judgment is rendered. You cannot remarry until that period has passed.

What to do next

• Confirm your separation date and that one of you has lived in BC for a year.
• Gather your marriage details, your spouse's last known address, and any information about children.
• Arrange for an adult who is not a party to serve your spouse, and keep a record of when and how it happened.
• Use the current versions of the court forms.
• Free help for people handling their own divorce includes Family Justice Centres, Justice Access Centres and Legal Aid BC.

If your spouse is hostile, hiding, or disputing parenting, support or property, speak with a lawyer about your options.

Frequently asked questions