In British Columbia only the Supreme Court can grant a divorce, and only once certain conditions are met. This guide explains the ground for divorce, the one-year separation and residence rules, joint, sole and desk order routes, the child support requirement and when a divorce takes effect.
Many separated couples in British Columbia settle the practical questions, such as the home, the money and the children, and then realise they are still married. Others want a divorce but are unsure whether they can apply yet, or what happens if their spouse will not cooperate.
This article walks through how a divorce works in BC: who can apply, the one ground the law recognises, the different routes through the Supreme Court, and the timeline from filing to the certificate of divorce.
What a divorce does, and what it does not
A divorce legally ends a marriage. In British Columbia only the Supreme Court can grant one, and you need a divorce before you can remarry.
You do not need a divorce to be separated, and you do not need to wait for one to settle property, support or parenting. Many couples deal with those issues first in a separation agreement. If you have only just separated, start with our first-steps checklist for separating in BC.
One timing point catches people out. For married spouses, the two-year limit for applying to divide property, or for spousal support under the Family Law Act, runs from the date of the divorce order. Dealing with those issues before or alongside the divorce avoids being left without a claim.
Who can apply, and on what ground
Under the federal Divorce Act there is one ground for divorce: breakdown of the marriage. It can be shown in one of three ways:
- Separation. You have lived separate and apart for at least one year before the court decides the case, and you were living apart when the case started.
- Adultery. The other spouse has committed adultery since the marriage.
- Cruelty. The other spouse has treated you with physical or mental cruelty of a kind that makes continuing to live together intolerable.
Separation is the simplest to establish because it requires no allegation of fault. You can file any time after you separate, but the court will not grant the divorce until you have been separated for at least a year.
Trying to reconcile does not necessarily reset the clock. Living together again for a period, or periods, totalling no more than 90 days, with reconciliation as the main purpose, does not interrupt the year. You can also be separated while under the same roof, if a clear intention to separate permanently has been communicated and acted on.
There is also a residence rule. A BC court can hear a divorce if either spouse has been habitually resident in British Columbia for at least one year immediately before the proceeding starts. Only one of you needs to meet that test.
Joint, sole or contested: choosing the route
How your divorce proceeds depends mostly on whether you and your spouse agree.
Joint divorce
If you both agree on the divorce and on all the family law issues, you can apply together using a Notice of Joint Family Claim (Form F1). Neither of you has to serve the other. The Province's free online e-Divorce service helps couples prepare joint divorce papers, which can then be filed at a court registry or online.
Sole divorce
One spouse files a Notice of Family Claim (Form F3) and serves it on the other. If your spouse does not respond after being served, the divorce can still go ahead as an undefended divorce.
Desk order divorce
An uncontested divorce, whether joint or undefended, is also called a desk order divorce. The application is made in writing, supported by an affidavit (Form F38, Affidavit – Desk Order Divorce), and a judge can grant the divorce without either of you appearing in court.
Contested divorce
If your spouse files a response and disputes property, support or parenting, the case becomes defended. Those issues then need to be settled by agreement or decided by the court, which takes considerably longer than an uncontested divorce. Choosing the route is really a question of what is still unresolved.
If you have children: the child support requirement
Before granting a divorce, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage, having regard to the federal child support guidelines. If it is not satisfied, it must stay the divorce, which means the divorce is put on hold until proper arrangements are in place.
In practice, that means showing what child support is being paid and how it compares with the guideline amount. If your arrangement departs from the guidelines, expect to explain why. Parenting arrangements are a separate question; our guide to guardianship, parenting time and decision-making explains how they work.
The timeline, from separation to certificate of divorce
There is no fixed overall timeline: it depends on when you separated, which route you use and how long the registry takes. The legal milestones are:
- Separation. The one-year period starts.
- Filing. You can file any time after separating; a sole claim must then be served on your spouse.
- Application for the order. Once the year has passed, and any time for a response has run out, the desk order application can be submitted.
- Divorce order. A judge reviews the file and, if the requirements are met, grants the divorce.
- Day 31. The divorce takes effect on the 31st day after the order, if no appeal has been filed, and you cannot remarry before then. In special circumstances, where both spouses agree not to appeal, the court can set an earlier date.
- Certificate of divorce. Once 31 days have passed, you can request a certificate from the Supreme Court registry where the divorce was filed. The government fee is $40 in person or $50 by mail.
The certificate is the document that shows your marriage has been dissolved and the date that took effect, so keep it with your important papers.
After the divorce: wills, beneficiaries and title
Divorce is a natural point to review your estate plan. BC law treats a gift to a former spouse in a will as revoked once the spousal relationship ends, but a new will is the reliable way to decide who inherits and who acts as executor. Our article on what makes a will valid in BC explains the signing rules.
Beneficiary designations on RRSPs, TFSAs, pensions and life insurance are separate from your will and need their own review. If one of you is keeping the family home, the transfer of title is a separate conveyancing step that should be completed rather than left on the to-do list.
Thinking about divorce? Choose the right route before you file
Our family lawyers can confirm whether you can apply yet, explain which route fits your situation and what should be settled first, and prepare and file the divorce application.
Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.
Sources
- RSC 1985, c 3 (2nd Supp), ss 3(1), 8, 11(1)(b), 12 — Divorce Act (Canada) — Justice Laws Website (checked October 5, 2026)
- Supreme Court only; joint, sole and desk order divorce; final 31 days after the order — What do I need to know about getting a divorce? — Province of British Columbia (checked October 5, 2026)
- Certificate after 31 days from the Supreme Court registry; $40 in person, $50 by mail — How do I get my divorce certificate? — Province of British Columbia (checked October 5, 2026)
- Supreme Court Family Rules, BC Reg 169/2009 — Forms F1, F3 and F38 — Supreme Court Family Rules forms — Province of British Columbia (checked October 5, 2026)
- Family Law Act, SBC 2011, c 25, s 198 — Province's plain-language summary of the two-year limit after a divorce order — Dealing with Property and Debt — Province of British Columbia (checked October 5, 2026)
General information about British Columbia law as at the date shown, not legal advice. Reading this article does not create a lawyer-client relationship. Please speak with a lawyer about your own circumstances.