- parenting ,
- child support ,
- spousal support, and
- how to divide your property and debt.
What if this guide isn't for you?
If you don't agree about your family law issues
If you and the other person don't agree about your family law issues, your divorce is contested. The contested divorce process is more complicated. You can't use this guide to get a contested divorce.
Read Contested divorce for more information.
If you don't have a separation agreement or court orders
- work out your family law issues in a written separation agreement, or
- apply for court orders.
Once you've completed a separation agreement or applied for court orders, you can start to use this guide for your divorce.
There are people who can help you reach an agreement. If you and your spouse both agree, you can use our step-by-step guides to get court orders.
If you haven't settled some of your issues, you can ask the judge to make orders about parenting, support, or property when you fill out your Notice of Family Claim in Step 3. But you and the other person must both agree on what you want the judge to order. If you have children, the judge must be satisfied that you've made reasonable arrangements for parenting and child support. If not, you might have to go though the court process. Talk to a family lawyer before going to court.
If your issues were settled in orders from the Supreme Court instead of Provincial Court, the divorce process is more complicated and your situation might not be suited to this guide. It's a good idea to get legal help to figure out your next step.
If you haven't been separated for at least one year
If you haven't been separated for a year, you can complete Steps 1 to 4 of this guide. You have to wait until you've been separated for a year before you complete Step 5.
If you've been separated for less than one year and you want to apply for a divorce on the grounds of adultery or cruelty, it's a good idea to get help from a lawyer.
How long does it take to do your own divorce?
It's possible to do your divorce in four to five months once you've settled all your issues. But there are wait times, and it might take longer if:
- your Supreme Court registry is busy,
- one person lives outside the court registry's jurisdiction, or
- your application is rejected and needs to be resubmitted.
How much does it cost to do your own divorce?
You'll pay a few different court fees when you apply for a divorce:
- The fee to open a family law case with the Supreme Court:
- $30 — if you've already filed a separation agreement with the Court (it will have a court file number on it that you can use for your divorce application), or
- $200 — if you don't have a filed separation agreement and the Notice of Family Claim is the first court document you're filing.
- $10 to file the Registration of Divorce Proceedings form.
- $80 to make the final application.
You might also have to pay for:
- making photocopies of your documents,
- having your affidavits sworn . It costs around $40 to have this done at the court registry, but places offering notary services might 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, if needed,
- hiring a process server to serve your documents on the other person, if you choose to hire a professional, and
- ordering a Certificate of Divorce (Form F56), if you want one. This costs $40.
Get legal help
Talk to a lawyer
Before you begin your own divorce, meet with a family lawyer to find out about your rights and responsibilities. You and the other person might have a right to spousal or child support or to property, pensions, or other assets 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 your family law issues (particularly child support) have been settled in an agreement or court order.
To find a lawyer, call the Lawyer Referral Service.
Dividing property and debts
Dividing property and debts can be complicated. If you have property and debt together, get legal advice.
You only have two years from the date of your divorce to claim (start a court action for) spousal support or your share of property and debt. See Dividing property and debts after you separate for more information.
Don't give up any claims you might have for property just to keep your divorce simple. Remember that property can include many things, such as real estate, pensions, RRSPs, and other assets. Get advice from a family lawyer before you make any decisions.
If you can't afford a lawyer
If you can't afford a lawyer, you can get legal help in other ways, including:
- free (pro bono) legal clinics
- family duty counsel
- family advice lawyers
- family justice counsellors
Staff at Justice Access Centres in Abbotsford, Nanaimo, Surrey, Victoria, and Vancouver can also answer your questions and help you fill out forms. Call someone who can help or find your nearest office.
Updated on 28 February 2023Work through this guide at your own pace. There's no need to rush.
Gather your documents
You'll need
- your original marriage certificate,
- money to pay a translator to translate your marriage certificate into English, if needed,
- a copy of your separation agreement or court order(s), if you have any,
- a recent photo of the other person, if needed, and
- your change of name certificate, if needed.
Your marriage certificate
To get a divorce, you need your original marriage certificate or a certified true copy of your marriage registration. The court won't accept the certificate you received from the place where you got married.
If you were married and need to get a marriage certificate:
- 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.
There's usually a fee to have your original marriage certificate or a certified copy sent to you. In BC, it costs $27 to order your marriage certificate from the Vital Statistics Agency.
If you can't get your marriage certificate before your case begins
If you can't get your marriage certificate before your case begins, explain why on the court forms. The court registry might let you file your certificate later if they believe you have a good reason. If not, they might delay your case.
If your marriage certificate isn't in English
If your marriage certificate is from Quebec and in French, ask your Supreme Court registry if they accept marriage certificates in French or if you have to get it translated into English.
If your marriage certificate is from another country and isn't in English, you need to get it translated into English. This must be done by a certified translator. Ask the translator to give you an Affidavit of Translation. When you file your marriage certificate, attach the translation and the affidavit as exhibits.
Your separation agreement or court order
You need your separation agreement or court order to show what you've agreed to or what the court has already ordered about parenting , child support , spousal support, and other family law issues.
If you haven't already filed your agreement with the Supreme Court, do that now to open a family law case. For more information, see Step 2: File your agreement, if you have one.
To make a separation agreement, contact a family justice counsellor, mediator, or family lawyer for help. You can also use our step-by-step guide Write your own separation agreement.
A photo of the other person, if needed
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 have sworn in an affidavit it's a true likeness of the person), or
- copy or take a photo of the other person's driver's licence or other photo identification (ID).
Your change of name certificate, if needed
You don't need to apply for a legal name change to use the name you had before you were married. After you separate, you can use either your name from before you were married or the other person's name without legally changing it.
If you had 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. To do this, you also need your change of name certificate from the Vital Statistics Agency.
You can also apply to change your name later (for a fee) through the Legal Change of Name Application page on the BC government website.
Updated on 28 February 2023Whatever you feel as you work through this guide is normal and okay.
File your agreement, if you have one
If you have an agreement about parenting arrangements, contact with a child, child support, and/or spousal support and you haven't yet filed it with the court, do that now. Filing your agreement is a simple process. (See File Your Agreement in Supreme Court.) You also save money if you do it before you file anything else.
Your family law agreement might cover various family law topics, such as parenting, support, and property and debt division. As long as it includes parenting, support, or both, it can be filed in court.
If you want to make changes to your agreement, talk to a lawyer before you file it.You'll need
- a copy of your signed parenting and/or support agreement,
- a blank Requisition (Form 17.1), and
- $30 to pay the filing fee.
How to file your agreement
Make a copy of your signed parenting and/or support agreement.
Fill out the Requisition (Form F17.1) to ask the court to file the agreement.
On the first page, fill in your name as Claimant #1 and the other person's name as Claimant #2. Check the box to confirm that there are no orders made or currently being sought.
Take the Requisition, a copy of your agreement, and the $30 filing fee to the registry.
Fees sometimes change, so confirm the amount before you go. You can do this by calling the registry or checking the Supreme Court Family Rules. If you use Court Services Online, you can pay with a credit card, Interac Online, or BC Online. If you use Court Services Online, you can pay with a credit card, Interac Online, or BC Online. If you file your documents in person, you can pay with a card or online service, in cash, or with a certified cheque or money order made out to the Minister of Finance. Many court registries will also take debit cards, but check first.
You can file your agreement at the Supreme Court registry where an existing case between you and your spouse is filed. If no court action has been started, you can file at the registry closest to where you live.
The staff at the family registry counter checks that the agreement is complete. Then they take your payment and stamp the agreement with the court seal. If there is already an existing family law case, they put the agreement into your court file.
If no court action has been started, the registry will stamp a court file number on your agreement when you file it. You now have an open family law case. Put the same court file number on the rest of the forms you're preparing so the registry knows that you already have an open file. This way you won't have to pay the $200 fee to open a case when you file your Notice of Family Claim.
