How to Serve Divorce Papers on Your Spouse in British Columbia

You have filed your divorce claim in the Supreme Court of British Columbia, and now your spouse has to be told about it formally. That step is called service, and the court takes it seriously because your spouse has a right to know about the case and to respond.

This article walks through who can serve the papers, how it is done, when service counts as complete, and how you show the court it happened. If your spouse is hard to find or lives outside BC, there are other options, covered below.

This article covers the law of British Columbia.

When service is needed

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

There is one common route where you do not have to serve your spouse at all. A joint application is made by both spouses together, which removes the need to serve the other spouse. If you and your spouse agree on everything and can apply together, that may save you this step.

Who can serve, and how

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 you cannot hand the papers to your spouse yourself. A friend, relative or process server can do it, as long as they are an adult and not a party.

The date of service matters because later deadlines run from it. A document served before 4 p.m. on a day that is not a Saturday or a holiday is deemed served that day; otherwise it is deemed served the next such day.

Sheriff service is another option. 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.

Proving that service happened

Filing is not enough on its own. 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.

Whoever prepares the affidavit should describe clearly what happened when the papers were served, so it helps to write down the details soon afterward. If the case later goes forward without a response, proof of service is normally part of what you file, although it is not required with the Form F35 if a response has been filed or the case is a joint family law case.

If personal service is not possible

• Spouse cannot be found: if personal service is impracticable, for example after a diligent search, the court can permit substituted service on application under Rule 6-4.
• Spouse lives outside BC: the 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.
• Spouse not yet served and time passing: an original notice of family claim does not remain in force for more than 12 months, but the court may renew it on application for up to 12 more months, and may renew again.

Which route fits depends on the facts, so a lawyer can help you decide before you spend time or money on an application.

What to do next

• Make sure your Notice of Family Claim is filed and you have the filed copies.
• Choose an adult who is not a party, or arrange sheriff service.
• Note the date, time and place of service, since the 4 p.m. rule affects the deemed date.
• Have the server complete an affidavit of personal service in Form F15.
• Keep track of the 12-month life of the claim if service is delayed.
• If you cannot find your spouse, speak with a lawyer about substituted service before applying.

Family Justice Centres, Justice Access Centres and Legal Aid BC are among the sources of help for people handling their own divorce.

Frequently asked questions