(SSJD)Introduction

Introduction

Who this guide is for

This guide is for spouses who want to make a joint application for a simple uncontested divorce. This means you both agree on all your family law issues and only need to apply for a divorce order. You both need to sign all the documents in this 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.
  • You already have written agreements or orders for:
    • parenting,
    • child support,
    • spousal support, and
    • how to divide your property and debt.
  • One of you has lived in BC for at least one year right before you start your divorce and is living in BC when you start the divorce proceeding.
  • 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?

You can't use this guide to get a divorce if you and the other person can't reach an agreement about your family law issues. If you disagree, it means your divorce is contested. The contested divorce process is more complicated.

Read Contested divorce for more information.

Make sure you:

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 need to apply for orders about parenting, contact, guardianship, or support, you can do that in Provincial (Family) Court or Supreme Court. (Note: There are no court filing fees in Provincial Court.) Once your family law issues have been resolved, you can apply for a joint divorce in BC Supreme Court.

If some of your issues (such as property division) have to be dealt with in BC Supreme Court, another option is to ask the judge to make orders for all of your outstanding family law issues when you fill out your Notice of Joint Family Claim in Step 3. But you must both agree on what you want the judge to order if you want to apply for an uncontested divorce.

If you have children, the judge must be satisfied that you've made reasonable arrangements for child support. If they aren't, or if you can't reach an agreement on child support arrangements, you might have to go though the court process. If that's the case, it's a good idea to talk to a family lawyer.

If you haven't been separated for a year, you can complete Steps 1 to 3 of this guide. You have to wait until you've been separated for a year before you complete Step 4.

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 a few months once you've settled all your family law issues. But there are wait times, and it might take longer if:

  • your Supreme Court registry is busy,
  • one person lives outside your court registry's jurisdiction, or
  • if your application is rejected and needs to be resubmitted.
Step 1: Gather your documents
Step 2: File your agreement, if you have one
Step 3: Fill out two forms (Notice of Joint Family Claim and Registration of Divorce Proceedings). Wait until you've been separated for at least a year, if you haven't already.
Step 4: Fill out the next forms (one or two Affidavits, a Requisition, a Certificate of Pleadings, and a draft Final Order)
Step 5: One of you can swear or affirm a copy of the affidavit(s). You have 30 days after any affidavits are sworn to file your documents.
Step 6: Apply for divorce (File your first two forms, if you haven't; Swear or affirm the other copy of your affidavit(s); File your application). You can do this at the registry all at once. It might take several months for the judge to sign your divorce order.
Final steps: Almost there. Your divorce becomes effective 31 days after your order has been signed by the judge.

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 in your divorce application), or
    • $200 — if you don't have a filed separation agreement and the Notice of Joint 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. 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.
  • Ordering a Certificate of Divorce (Form F56), if you want one. This costs $40.
If you can't afford to pay court fees, see Get an order to waive fees.

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 or your spouse 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 a written 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 that 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:

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.

If you want to use a mediator, see Making mediation happen in a family law case in Supreme Court.

Updated on 13 November 2024
Wellness

Work through this guide at your own pace. There's no need to rush.

Online Divorce Assistant
The Online Divorce Assistant is a free tool that helps you fill out all the forms you need for a joint divorce. Use this tool if:
  • you or your spouse lives in BC,
  • you agree about getting a divorce and all the family law issues relevant to your situation, and
  • your marriage certificate (or registration of marriage) is in English.

You'll need a Basic BCeID account to access the Online Divorce Assistant. See how to set up a basic BCeID account if you need help.