How Much Does a Divorce Cost in British Columbia?

A divorce budget has two parts: fixed government fees that you can look up, and costs that vary with your situation, such as how much help you use and how much you and your spouse disagree.

This article sets out the court fees that apply in British Columbia, compares the main routes, and points to ways of reducing the cost. It does not quote any lawyer's rates, and it is not a substitute for advice on your own file.

This article covers the law of British Columbia.

The government fees you can plan for

There is also a filing fee that goes with the requisition for the final order (Form F35). Confirm the current amount with the registry before you file. Fees under the court rules can be adjusted from time to time, so check the current schedule too.

DIY, joint and contested divorces compared

The route you take shapes the budget more than any single fee.

• Joint, agreed divorce: both spouses apply together, so there is no need to serve the other spouse and no service fee. The Online Divorce Assistant is designed for joint divorces where you agree on all family law issues and only need a divorce order.
• Sole application that goes undefended: you pay to start the case and to have the papers served. If the respondent is served and does not respond, the case can proceed as undefended. In an undefended divorce, evidence may be given by affidavit, so a hearing is not needed.
• Contested divorce: if you disagree about parenting, support or property, the simple joint process does not fit. Costs then depend on the issues, the steps needed and how long the dispute lasts. No reliable figure can be given without knowing your facts.

For a desk order divorce you will also prepare the Form F38 affidavit, a Child Support Affidavit (Form F37) if there is a child of the marriage, and a Form F102 statement if you seek corollary relief under the Divorce Act.

Costs that are easy to overlook

• Service by someone else. You cannot serve the papers yourself. They must be served by a person who is at least 19 and not a party.
• Extra attempts. If your spouse cannot be found, you may need to apply to the court for substituted service.
• Renewing an old claim. An original notice of family claim does not stay in force for more than 12 months. If a respondent has not been served, the court may on application renew it for up to 12 more months.
• Corrections. The registrar will not sign Form F36 until irregularities are fixed, so it is worth checking your documents carefully before you file.
• Professional help. Lawyer, mediator or accountant costs vary and depend on the work involved, so ask for an estimate in writing.

Ways to lower the cost

You do not have to pay the filing fee for a notice of family claim or response if you provide a Form F100 certificate of mediation from a qualified mediator at filing, subject to the conditions in the rules.

The court may also order that no government fees are payable by someone who receives benefits under the Employment and Assistance Act or who cannot afford the fees without undue hardship. 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.

Free help is available for people handling their own divorce, including Family Justice Centres and Justice Access Centres, the free Parenting After Separation course, the BC Legal Referral Service and Legal Aid BC.

Building your budget: next steps

• Decide which route fits: joint, sole undefended or contested.
• Add the filing fee and, if you file alone, the service fee.
• Ask the registry for the current fee for the final order requisition.
• Check whether a mediation certificate or fee waiver could apply to you.
• Allow for a divorce certificate if you will need proof of your divorce.
• Get written estimates for any professional help you plan to use.

Frequently asked questions