Do You Have to Go to Court for a Divorce in British Columbia?

Many people picture a divorce as a dramatic courtroom day. In British Columbia that is often not how it goes. When nothing is in dispute, the court can often decide the divorce from paperwork alone.

This article explains when a divorce can be finished on paper and what changes if your spouse is served and responds. It is general information, and a lawyer can tell you how it applies to your facts.

This article covers the law of British Columbia.

The court decides, but not always in person

Only the Supreme Court of British Columbia can grant a divorce, and it does so if the marriage has broken down and the other legal requirements are met. That does not mean you must stand in front of a judge.

In an undefended case where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise. A desk (consent) order works the same way in spirit: you complete forms setting out what you and your spouse agreed, and the judge reviews them to make sure the decisions align with the law and signs the order if satisfied.

Which routes usually stay on paper

If your spouse is served and files no response, they are not entitled to notice of later court appearances, hearings, conferences or trial, and you can apply for judgment as an undefended case.

What you must still do, even without a hearing

Skipping a hearing does not mean skipping steps. A sole application starts by filing a Notice of Family Claim (Form F3) in the Supreme Court registry. You then have to serve it on your spouse by personal service unless the court orders otherwise.

You cannot hand over the papers yourself. Service is made by a person who is not a party and who is at least 19 years of age leaving the document with your spouse. 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.

Your spouse then has 30 days after being served to file a response to family claim. Service is proved by an affidavit of personal service in Form F15, or by your spouse filing a response.

To ask for judgment you file a requisition in Form F35. The court must also be satisfied that reasonable arrangements have been made for any children of the marriage, including child support.

After the order: the 31-day wait

Getting the order is not quite the end. A divorce takes effect on the thirty-first day after the day the judgment is rendered. The BC government says it becomes final automatically after 31 days if no appeal is filed, and you cannot remarry until that period has passed.

The court may order the divorce to take effect earlier if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned.

Once you want proof of the divorce, you can request a Certificate of Divorce from the Supreme Court registry where the divorce was filed, in person or by mail, after 31 days have passed. The fee is $40 in person, or $50 by mail by cheque or money order payable to the Minister of Finance, which includes a $10 mailing fee.

What to do next

• Decide whether you and your spouse can apply together, since that avoids serving papers.
• If you apply alone, arrange for someone who is 19 or older and not a party to serve your spouse.
• Keep track of the 30-day response period once service happens.
• Prepare child support and parenting information if you have children.
• Ask about free help, including Family Justice Centres, Justice Access Centres and Legal Aid BC.

If your spouse contests the divorce or other issues, or you cannot locate them, speak with a lawyer about your options.

Frequently asked questions