(SSSD)Fill out two forms

Fill out two forms

You'll need

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.

This form has a main section plus optional schedules for different types of orders. Because you've already settled your issues in a separation agreement or court order(s), you only need to fill in the general information and Schedule 1 – Divorce.

The information you type in these sections fills in fields in other sections of the form.

1. Court File Number and Registry

If you already have an open family law case in Supreme Court, type in the file number here. Choose your registry location from the drop-down list.

2. Claimant

  • Type in your name.
  • Click the grey Relationship button and type in “is the married spouse of the Respondent.” Click the blue Close button to hide this section again.
  • Click the green Address for Service button and type in your mailing address. Add a fax number or an email address if you want to receive documents by fax or email. Click the blue Close button to hide this section again.

3. Respondent

  • Type in your spouse's name.
  • Click the grey Relationship button and type in “is the married spouse of the Claimant.”
Type in your names exactly as they appear on your marriage certificate. If either of you has had a legal name change since you were married, type the new name instead of the old one. Bring a copy of the change of name certificate when you file your documents.

If either of you often uses a name that's different from what's on your marriage certificate, include that as well. This might be a married name, a nickname, or an unofficial alias. For example, if your legal name is Mary Jane Doe, but everyone calls you Janey Doe, do the following:

  • Click the Add AKA/DBA button next to your Claimant name fields.
  • Type "Janey Doe" in the Alternative Name fields provided.
  • Choose the type of name from the drop-down menu. For example, Also known as or Formerly known as.
  • Tick were married on and add the date and location of the marriage.
  • Tick separated on and add the date you separated.
  • Tick One or more of the following relates to claims made.
  • Tick agreement, court orders, or both. Add the dates of the agreement or orders.
  • Tick An order for divorce. Schedule 1 will then appear at the bottom of the form.
  • If you want a legal change of name, also tick Another order. Schedule 5 will then appear at the bottom of the form.
You don't need a legal name change to use your spouse's name or the name you had before you were married. See Your change of name certificate, if needed, in Step 1: Gather your documents.

You don't need to tick any other boxes.

Choose the same registry location you chose at the top of the form. The address of the registry is already filled in.

Tick Party's Certificate. Your name is already filled in.

1. Personal Information

Type in the information about you and your spouse. Fill in all the fields.

2. Grounds for divorce

Tick these boxes:

  • The claimant asks for an order for divorce on these grounds:
  • If divorce is claimed as a result of having lived separate and apart, tick The claimant and his or her spouse have lived separate and apart since, and add the date you separated.
  • Tick the correct box to show whether you have or haven't lived together since you separated.
If you haven't yet been separated for one year, you can still start a family law case and complete this guide up to Step 5. Then wait to complete the rest of the process after one year has passed.

3. The claimant confirms that

Tick both boxes in this section.

4. Proof of marriage

Your proof of marriage is your original marriage certificate. You need to file this with your Notice of Family Claim.

If you don't already have your original marriage certificate or a certified copy of the registration of marriage, go back to Step 1: Gather your documents.

5. Children

If you have no children, tick the first box.

If you have children, tick the second box and type in the names and birthdates of your children, and the name of the parent they live with.

 

You don't need to ask for a legal change of name if you're just going back to the name you used before you were married. But if you had legally changed your name, or if you want to change it to something different, you can do that here.

You can also apply to do this later through the Legal Changes of Name page on the BC government website. There's a fee for this.

When you’ve filled out the whole form and schedule, you can either:

  • print the form so you can sign it in pen, or
  • preview the document and sign it digitally.

Registration of Divorce Proceedings form

Fill out the Registration of Divorce Proceedings form online. In Section 1, type the date you'll go to the registry to file the application for divorce. This might be different from the date you fill out the form.

Once you've filled out the form, print it out (this generates a barcode used to process the form). Take this form with your Notice of Family Claim for filing at the court registry.

Tick Applicant for your name and Respondent for the other person's name.

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 the registry in Ottawa sends written clearance back to your registry. This can take four to six weeks.

Updated on 28 February 2023

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Wellness

It can help to talk about your feelings with a supportive friend or a group of people in the same situation.