Uncontested and Joint Divorce in BC: How It Works

If you and your spouse both accept that the marriage is over, you may be hoping for a simple process. In British Columbia, there are two common routes: a joint application, and a sole application that goes ahead without opposition.

This article explains the difference between them, the steps and forms for each, and what happens after the order is made. It is general information, not legal advice.

This article covers the law of British Columbia.

Joint and uncontested: two routes

A joint application is made by both spouses together, which removes the need to serve the other spouse. This route is also called an uncontested or desk-order divorce.

A sole application is made by one spouse. It can still proceed as uncontested, also called undefended, if the other spouse does not respond after being served. In that case you do not need your spouse's help with the application, but you do need to serve them properly.

Is the Online Divorce Assistant right for you?

The Province's Online Divorce Assistant is for joint divorces where both spouses agree on all family law issues that affect the family and only need a divorce order. It does not fit couples who disagree on issues such as parenting, support or property, or where a spouse will not apply jointly. Those cases need the court's other forms or a sole filing.

Agreeing to divorce is different from agreeing on everything. If you still have open questions about children, support or property, a joint divorce may not be the right fit yet.

What the court needs either way

• Breakdown of the marriage. Usually this means living separate and apart for at least one year immediately before the divorce is determined, and being apart when the proceeding started.
• BC residency. Either spouse must have been habitually resident in BC for at least one year immediately before the proceeding starts.
• Arrangements for children. The court must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support.
• No collusion. The court must satisfy itself there has been no collusion in relation to the application.

If you tried to get back together, the separation period is not interrupted just because you resumed living together for periods totalling not more than ninety days with reconciliation as the primary purpose. You can apply at any time after separating, but the court will not grant a divorce on the separation ground until you have been separated for at least one year.

The steps and forms

Divorce proceedings are started by filing a Notice of Family Claim (Form F3) in the Supreme Court registry. The filing fee is $200 under the Supreme Court Family Rules. A person who provides a Form F100 certificate of mediation from a qualified mediator at filing may not need to pay it, subject to conditions. The court may also waive government fees for someone who cannot afford them without undue hardship.

For a sole application, you then serve your spouse. A non-party who is at least 19 years old must do the personal service, not you. A respondent has 30 days after being served to file a response (Form F4). If none is filed, you can apply for judgment as an undefended case.

To finish, you file a requisition in Form F35. In an undefended case where divorce is sought, evidence may be given by affidavit unless the court orders otherwise. The F35 lists a draft order, proof the case is undefended, the registrar's certificate in Form F36, and the filing fee. Proof of service is not required with the F35 if a response has been filed or the case is a joint family law case.

A desk order divorce also needs the Form F38 affidavit, a Child Support Affidavit (Form F37) if there is a child of the marriage or a child support claim, and a Form F102 statement if corollary relief under the Divorce Act is sought. The F38 must be sworn within 30 days of filing the application unless the court allows an earlier affidavit, and the registrar will not sign Form F36 until irregularities are fixed. An amended F38 took effect January 19, 2026.

In a desk order, a judge reviews the forms to make sure the decisions align with the law and signs the order if satisfied.

After the order, and what to do next

A divorce takes effect on the thirty-first day after 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 then. The court may order an earlier date in special circumstances if the spouses agree not to appeal or any appeal has been abandoned.

To get a Certificate of Divorce, attend the Supreme Court registry where the divorce was filed, or mail a request to it, after 31 days have passed. The fee is $40 in person, or $50 by cheque or money order payable to the Minister of Finance by mail, which includes a $10 mailing fee. If your divorce was granted 10 or more years ago, you may need a copy of the order from BC Archives. A certificate of divorce is conclusive proof of the facts certified.

• Decide whether you can apply jointly, and whether you agree on all family law issues.
• Confirm your separation date and BC residency.
• Put your agreements about children and support in writing.
• Check that you are using current court forms.
• Free help is available through Family Justice Centres, Justice Access Centres, the Parenting After Separation course and Legal Aid BC.

If something does not fit neatly, a lawyer can review your forms before you file.

Frequently asked questions