Introduction
Who this guide is for
This guide is for a person completing a sole application for a simple, uncontested divorce. This means you agree on all your separation issues and only need to apply for a divorce order. Only you will file for divorce. The other person isn't involved in the process.
Use this guide if all the following statements are true:
- You want to file for divorce in BC.
- You and the other person agree about getting a divorce, or they won't argue against your application.
- You already have written agreements or orders for:
- parenting,
- child support,
- spousal support, and
- how to divide your property and debt.
- One of you will have lived in BC for at least one year before you start your divorce and will live in BC throughout the divorce.
- You've been separated for at least one year.
- You're not applying for divorce on the grounds of cruelty or adultery.
What if this guide isn't for you?
How long will it take to do your own divorce?
It's possible to do your divorce in 4 to 6 months once you've settled all your issues. But there are waiting periods, and it might take longer if your Supreme Court registry is busy.
What will it cost to do your own divorce?
You have to pay two separate court fees to get a divorce:
- $210 when you file the first documents (a $200 filing fee, plus $10 for a Registration of Divorce Proceedings), and
- $80 when you make the final application.
There might be other potential costs involved, including the cost of:
- Having your affidavits sworn. Places offering notary services may charge different prices.
- Getting a certified copy of your original marriage certificate or registration of marriage. In BC, this costs $27.
- Having your marriage certificate translated into English and getting an Affidavit of Translation.
- Hiring a process server to serve your documents on the other person, if you choose to hire a professional.
- Ordering a Certificate of Divorce (Form F56), if you want one. This costs $40.
- Making photocopies of your documents.
If you can't afford to pay court fees, see our step-by-step guide Get an order to waive fees.
Get legal help
Talk to a lawyer
Before you begin your own divorce, if you haven't already, meet with a family law lawyer to find out what your rights and responsibilities are. You might have a right to property, to spousal or child support, or to a division of assets or pensions that you don't know about. Or you might have to pay spousal or child support or take responsibility for certain debts. The court won't usually order a divorce unless all these things have been settled.
If you don't know a lawyer, try calling the Lawyer Referral Service.
Dividing your property and debts
If you think that dividing your property and debts is going to be complicated, it's even more important to consider getting legal advice.
You only have two years from the date of your divorce to make any claims involving spousal support or your share of property and debt. See Dividing property and debts after you separate for more information about this.
If you can't afford a lawyer
If you can't afford a lawyer, you might be able to get legal help in other ways, including:
Staff at Justice Access Centres in Nanaimo, Surrey, Victoria, and Vancouver can also answer your questions and help you fill out forms. Call someone who can help or find a nearby office.
If you want the help of a mediator, see Making mediation happen in a family law case in Supreme Court.
Work through this guide at your own pace. There's no need to rush.
Gather your documents
You'll need
- Your marriage certificate
- Money to pay a translator to translate your marriage certificate into English, if required
- A copy of your separation agreement or court order(s)
- A recent photo of the other person, if required
- Your change of name certificate, if required
Your marriage certificate
To get a divorce, you need an original marriage certificate or a certified true copy of your registration of marriage. The court won't accept the certificate you received from the church or other place where you got married.
If you were married:
- in BC, see Marriage Certificates to find out what BC marriage certificates look like and how to order one from the BC government's Vital Statistics Agency
- in another province or territory, contact the office equivalent to Vital Statistics in that province or territory
- in another country, contact the office responsible for marriage records in the country where you were married
Ask to have your original marriage certificate or a certified copy sent to you. There's usually a fee for this service. In BC, it costs $27 to order your marriage certificate from the Vital Statistics Agency.
Your separation agreement or court order
You should have a separation agreement or court order that sets out what you've agreed to or what the court has already ordered about parenting, child support, or spousal support.
If you have dependent children, you'll have to attach the agreement or order to one of the affidavits that you'll be filing. (You'll complete these affidavits in Step 4: Fill out the next forms.)
To make a separation agreement, contact a family justice counsellor, mediator, or family law lawyer for help. You can also use our step-by-step guide Write your own separation agreement.
For more help, see Making an agreement after you separate and Who can help you reach an agreement?
A photo of the other person, if required
The person who serves documents on the other person (either a professional process server or another adult) must have a way to identify them. The process server can either:
- use a photo that you've provided (and sworn in an affidavit is a true likeness of the person), or
- copy or take a photo of the other person's licence or other photo identification (ID).
Your change of name certificate, if required
You don't need to apply for a legal name change to use the name you had before you were married. It's the same as when you marry. You can use either your name from before marriage or your spouse's name without legally changing it.
If you did have a legal name change and want to change it back or change your name to something new, you can do that in your divorce application. In this case, you'll also need your change of name certificate from the Vital Statistics Agency.
Whatever you feel as you work through this guide is normal and okay.
Fill out two forms
You'll need
- A blank Notice of Family Claim (Form F3):
- A blank Registration of Divorce Proceedings
- A copy of your separation agreement or Provincial Court orders, for reference
- Your marriage certificate, for reference
Notice of Family Claim (Form F3)
The Notice of Family Claim gives the court details about:
- you and the other person,
- your marriage and separation, and
- what you're asking the court for.
The form has a main front section to fill out, plus five optional parts after that, called schedules. Each schedule covers a different issue. Because you've already settled your issues in a separation agreement or court order(s), you only need to fill out the schedule on divorce.
Expand the headings below for more detailed instructions on each section.
Registration of Divorce Proceedings
Download a copy of the Registration of Divorce Proceedings. Fill it out onscreen and print it.
In Field 1, type the date you will go to the registry to file the application for divorce. This might be different from the date you fill out the form.
This form goes to a central registry in Ottawa. The registry in Ottawa will check their records to make sure you have no other divorce proceedings pending in Canada. The judge can't grant you a divorce order until they send written clearance back to your registry. This can take four to six weeks.
Quick links
It can help to talk about your feelings with a supportive friend or a group of people in the same situation.
File and serve
Court registry services during COVID-19
Supreme Court registries are open and accepting filings in person. The court still prefers that you e-file documents using Court Services Online, or file by email, mail, or fax (to fax filing registries).This step is divided into three parts.
Quick links
You’re making good progress. Take a break if you need to.
Fill out the next forms
You'll need
- A blank Affidavit — Desk Order Divorce (Form F38):
- A blank Child Support Affidavit (Form F37), if you have dependent children:
- A blank Requisition (Form F17):
- A blank Requisition (Form F35):
- A blank Certificate of Pleadings (Form F36):
- A blank draft Final Order (Form F52):
- Your separation agreement or Provincial Court orders
- Your photo identification (ID)
- Someone to swear or affirm your affidavits (a lawyer, notary, or commissioner)
Fill out your affidavit(s)
You won't need to go to trial and give evidence to a judge. Instead, your evidence will be written in affidavits. An affidavit is a form that you fill out and swear or affirm that the information in it is true.
You need to fill out:
- an Affidavit — Desk Order Divorce (Form F38). This sets out all the facts of your marriage and separation, and gives information about parenting time, if you have children.
- a Child Support Affidavit (Form F37). This gives information about your children and child support, if you and the other person have children. Attach your separation agreement or court orders to this form as exhibits. Write a letter on each exhibit (for example, Exhibit A and Exhibit B).
Some of the information in these affidavits will be the same as what's in your Notice of Family Claim (Form F3). The Notice of Family Claim isn't a sworn document, and the judge or master must have sworn evidence to make a decision.
Fill out four more forms
Next, you need to fill out four more forms that will help the court to process your divorce application.
Requisition (Form F17)
This short Requisition form asks the registry to search their records to see if the other person ever filed a response or counterclaim to your Notice of Family Claim. (This will prove that your case is uncontested.) You don't need to list documents. In the form, under Required, on the first page, simply type or write this statement:
"A search for a Response to Family Claim or Counterclaim filed in this matter."
Requisition (Form F35)
This Requisition tells the court that you want a divorce and, if you need one, a name change. The Requisition also tells the court what documents you're providing to support your application. In the form, under Required, on the first page, type or write this statement:
"Final order, without a hearing, in the form attached."
Certificate of Pleadings (Form F36)
The registry staff will sign the Certificate of Pleadings. It shows the judge that your documents have been checked and are complete and correct.
Draft Final Order (Form F52)
Your draft Final Order sets out the court orders. You'll fill in all the details, and the judge will sign it. This will be your divorce order once the judge has signed it.
Swear or affirm the affidavit(s)
There are strict rules for when you can swear or affirm your Affidavit — Desk Order Divorce. You can only do it after:
- you and the other person have been separated for one year,
- your Notice of Family Claim has been filed at the court registry, and
- the time period for the other person to submit a Response to Family Claim (Form F4) or a Response to Counterclaim (Form F6) has passed.
How to swear or affirm an affidavit
You can have the affidavit(s) sworn by a:
- lawyer,
- notary public, or
- commissioner for taking affidavits.
Commissioners are found in courthouse registries, at both Supreme Court and Provincial Court. See Who can swear an affidavit?
If you're going to a lawyer or a notary public, make sure they can swear or affirm the document for you. Make an appointment if you need to. Tell them that the documents are an Affidavit — Desk Order Divorce and, if applicable, a Child Support Affidavit and exhibits for your divorce. Tell the person that you don't need any advice.
Take photo identification with you. The person swearing the documents will check your identification. Then they'll ask if you've read the documents, and if you swear (or affirm) that the contents are true to the best of your knowledge and belief. If you answer yes, you sign the documents, and the person witnesses your signature.
Quick links
You might feel anxious about using the court forms, but it's just a matter of filling in certain facts. Take them one question at a time.
Apply for a divorce
You'll need
- Your completed forms
- $80 in filing fees
Prepare your application
Now that you've completed all the documents, you need to apply for divorce.
Make one copy of your completed forms and put them in the in the following order:
- Requisition (Form F35)
- Draft Final Order (Form F52)
- Certificate of Pleadings (Form F36)
- Affidavit of Personal Service (Form F15)
- Child Support Affidavit (Form F37), if it applies, with your separation agreement or Provincial Court orders attached as exhibits
- Affidavit — Desk Order Divorce (Form F38)
File your application at the registry
Take the original set and the copy of your documents to the registry. The registry staff will review your documents.
If your documents are ready to file, they'll take your payment for your application of divorce. (As of January 2019, it costs $80.) They'll stamp the original and the copy, and give the copy back to you.
Ask the registry staff roughly when your divorce order will be ready.
Pick up your signed divorce order
The registry won’t let you know when the order has been signed. You’ll have to check in with them to see if it's ready.
Once you've picked it up, keep a copy of it in a safe place.
When will you be divorced?
The divorce will become effective 31 days after the judge signed the order. For example, if the judge signed your divorce order on September 15, your divorce will be final on October 16.
The 31 days between when the order is signed and when the divorce becomes final is an appeal period. In theory, the other person can file last-minute appeals during this time to stop the divorce. But this is rare.
It's normal to feel tense or emotional at this point. Take a break if you need to.
Serve your divorce order
You'll need
- A copy of your signed divorce order
- The other person's address for service, if you have one
- Fax Cover Sheet (Form F95), if you fax the document
As soon as possible, you must serve a copy of the divorce order on the other person, unless the court explicitly says that you don't have to. You must serve it by ordinary service.
What is ordinary service?
Ordinary service means the document can be:
- dropped off at a business or residential address,
- sent by regular mail,
- faxed with a Fax Cover Sheet (Form F95), or
- emailed.
The method you use will depend on the type of information the other person included in their address for service on their own court documents. You can only serve a document to an address they've listed. Since the other party didn't file a response, you might not have an address for service. If you don't, you must mail it to their last known address.
When is a document considered served by ordinary service?
A document that's emailed, faxed, or left at a person's address for service is considered served on that day if it's served at or before 4 pm on a business day (Monday to Friday). If it's left after 4 pm or on a Saturday, Sunday, or holiday, it's considered served on the next business day.
A mailed document is considered served one week later on the same day of the week as the day it was sent or, if that day is a Saturday, Sunday, or holiday, the next day that's a business day.
You don't need to complete an Affidavit of Ordinary Service.
You're stronger and more resilient than you think.
Final steps
Certificate of Divorce
You can order a Certificate of Divorce (Form F56) from the registry any time after the divorce is final.
This step is optional. Your divorce will still be legal if you don't have a Certificate of Divorce. If you want to remarry, your divorce order is enough.
Some countries require a certificate as legal proof of divorce. In Canada, you can use either the certificate or your divorce order. A certificate shows proof of your divorce without revealing all the details in your order.
Final checklist
In this guide, you:
- Filed your agreement, if you needed to
- Completed, filed and served your Notice of Family Claim
- Completed and filed your Registration of Divorce
- Swore your affidavit(s) as evidence
- Prepared and filed your application for divorce
- Served your divorce order on the other person
Copy and keep safe
Keep these important documents safe:
- Your signed divorce order
- Your separation agreement or court orders
- Your Certificate of Divorce, if you order one
You've now gone through all the steps required to get an uncontested divorce in Supreme Court. Thank you for using our step-by-step guide.
Quick links
People react differently to things. Whatever you feel now is okay.