- Both courts hear family law matters in British Columbia, but the Provincial Court cannot divide property and debt between spouses, apart from a companion animal.
- Starting in one court does not by itself stop you from going to the other, unless the same relief has already been granted or refused.
- Spouses generally have a two-year limit to seek property or debt division, pension division or spousal support, so timing matters.
When you separate, one of the first practical questions is where to take a dispute you cannot resolve. In British Columbia, family law matters can be heard in two courts, and they do not have identical powers.
This article explains in plain terms what each court can and cannot decide, how the choice is usually approached, and what to do before you file anything. It is general information, not advice on your situation.
This article covers the law of British Columbia.
The two courts that hear family matters
Under the Family Law Act, "court" means the Supreme Court or, to the extent it has jurisdiction to make an order, the Provincial Court.
The Supreme Court has jurisdiction in all matters under the Family Law Act, subject to the federal Divorce Act. The Provincial Court has general jurisdiction under the Act, but that is also subject to the Divorce Act and to a list of exclusions in section 193(2).
In short, the Supreme Court is the broader court, and the Provincial Court is available for many, but not all, family law issues.
What the Provincial Court cannot decide
The Provincial Court cannot make orders under Part 5 (Property Division) of the Family Law Act, except respecting a companion animal. Parts 3, 6 and 8 are also excluded from its authority.
This means property and debt division between spouses goes to the Supreme Court.
There is a safety-related exception. Despite the exclusions, the Provincial Court keeps its Part 9 power to restrict access to a residence to protect a family member's safety.
Divorce is governed by the federal Divorce Act, and both courts' powers are subject to it. If your situation involves a divorce, a lawyer can confirm where each part of your claim belongs.
A quick comparison
| Issue | Provincial Court | Supreme Court |
|---|---|---|
| Property and debt division between spouses | Not available, except for a companion animal | Has jurisdiction in all Family Law Act matters |
| Restricting access to a residence for safety | Power kept under Part 9 | Has jurisdiction in all Family Law Act matters |
| Other Family Law Act matters | General jurisdiction, with exclusions | Has jurisdiction in all Family Law Act matters |
| Parenting After Separation course | Required before the first court date unless exempt | Not mandatory; a judge may suggest it |
How people usually think about the choice
The first question is what you are asking for. If your dispute includes dividing property or debt between spouses, the Supreme Court is the court that can do it. If it is only about something the Provincial Court can hear, such as parenting or support, either court may be an option, depending on the circumstances.
Other practical differences also come into play:
- Court fees: the Supreme Court has filing fees, for example $200 for a notice of family claim and $80 for a notice of application. Some people can avoid the filing fee for a claim or response with a certificate of mediation.
- Required steps: in the Provincial Court you must complete the Parenting After Separation course before your first court date unless exempt.
- Process: the two courts have different rules and forms, so the steps to start a case are not the same.
Whichever court is used, the focus on children is the same. Agreements and orders about guardianship, parenting arrangements or contact must consider only the best interests of the child, including the child's health and emotional well-being, views, relationships, history of care, need for stability and the effect of family violence.
Can you use both courts, and how long do you have?
Starting a proceeding in one court does not by itself bar a second proceeding in the other, unless the same relief has already been granted or refused. That said, running two cases is costly and confusing, so it is worth getting advice before you do it.
A Family Law Act proceeding may be started at any time. However, spouses have a two-year limit, measured from divorce judgment, nullity order or separation depending on the relationship, to seek property or debt division, pension division or spousal support. Because the Provincial Court cannot divide property, that deadline is a reason not to delay deciding where to file.
What to do next
- List every issue you need resolved: parenting, child support, spousal support, property, debt, safety.
- Note your separation date and any divorce date, and count the two-year limit from the right starting point.
- Gather your income documents and any existing order or agreement.
- Contact a Family Justice Centre, which offers free mediation with a Family Justice Counsellor, legal information and referrals; virtual services are available at 1-844-747-3963.
- Speak with a family lawyer before filing if property, a divorce or safety concerns are involved.
Frequently asked questions
Can the Provincial Court divide our property?
No, not generally. The Provincial Court cannot make Part 5 property division orders under the Family Law Act, except respecting a companion animal. Property and debt division between spouses goes to the Supreme Court.
Which court handles divorce?
Both courts' powers under the Family Law Act are subject to the federal Divorce Act. Where a divorce claim should be filed is worth confirming with a lawyer for your situation.
If I start in one court, can I still go to the other?
Starting a proceeding in one court does not by itself bar a second proceeding in the other court, unless the same relief has already been granted or refused. It is wise to get advice first so you do not duplicate work.
Is there a deadline to ask for property division or spousal support?
Spouses have a two-year limit, measured from divorce judgment, nullity order or separation depending on the relationship, to seek property or debt division, pension division or spousal support. A lawyer can help you work out the correct date.
Sources
- Family Law Act, SBC 2011 c.25, s.1 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, ss.192–193 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, s.37 (BC Laws) — bclaws.gov.bc.ca
- gov.bc.ca – Do I have to take PAS? — www2.gov.bc.ca
- Supreme Court Family Rules, Appendix C (Schedule 1) — bclaws.gov.bc.ca
- gov.bc.ca – Family Justice Centre services — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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