How to Serve Divorce Papers on Your Spouse in BC

You have filed for divorce in the Supreme Court of British Columbia, and now the court papers have to reach your spouse. Service is the step that formally tells your spouse a case has started and gives them a chance to respond. It is easy to get wrong, and mistakes can slow everything down.

This article walks through how service of a notice of family claim generally works in BC: the default rule, who can do it, what it may cost, how timing is counted, how you prove it, and what happens next. Your situation may differ, so a lawyer can confirm the details for your file.

This article covers the law of British Columbia.

When you need to serve at all

Divorce proceedings are started by filing a Notice of Family Claim in the Supreme Court registry. After filing, the claimant must serve that notice on each respondent by personal service, unless the court orders otherwise.

There is one important exception. A joint application is made by both spouses together, which eliminates the need to serve the other spouse. If you and your spouse agree on everything and can apply together, you may avoid this step entirely.

Who can serve the papers

Personal service on an individual is made by a person who is not a party to the case and who is at least 19 years of age, leaving the document with the person to be served. That means the claimant cannot serve the papers personally.

• A friend, relative or co-worker who is 19 or older and is not a party can serve your spouse.
• You cannot hand the papers over yourself, even if you see your spouse every day.
• Sheriff service is another option, and it carries a fee.

It is sensible to ask whoever serves to make a note of when and where the papers were handed over, because service has to be proved to the court, either by an affidavit of personal service in Form F15 or by your spouse filing a response.

Sheriff fees and deemed service timing

If you use the sheriff, the fee is $100 to serve one person, $20 for each additional party at the same address and $30 for each additional party at a different address.

The day service counts as done matters for deadlines. 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.

Proving that service happened

The court needs proof that your spouse was served. Service of a notice of family claim is proved either by filing an affidavit of personal service in Form F15, or by the respondent filing a response to family claim. The court may also consider other evidence of service.

Proof of service is not required with the Form F35 requisition if a response has been filed or the case is a joint family law case.

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 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), while other cases require leave of the court. Our article on divorcing a spouse who lives abroad or is missing covers these routes in more detail.

After service: the response window and renewal

A respondent has 30 days after being served to file a response to family claim and serve it on the claimant. If your spouse is served but 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.

A divorce applied for by one spouse can still proceed as uncontested if the other spouse does not respond after being served.

Watch the clock on the claim itself. 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 on application renew it for up to 12 more months, and may renew again.

What to do next

• Decide whether a joint application is possible, since it avoids service.
• Choose a server who is 19 or older and not a party, or arrange sheriff service.
• Serve before 4 p.m. on a weekday that is not a holiday where you can.
• Have the server complete an affidavit of personal service in Form F15.
• Note the 30-day response deadline and the 12-month life of the claim.
• Speak with a lawyer if your spouse is hard to find or lives outside BC.

Frequently asked questions