How to File a Joint Uncontested Divorce in British Columbia

Written By Jessica Alderliesten

Filing for an uncontested divorce in BC can seem overwhelming, but it doesn’t have to be. If you and your spouse agree on key terms like parenting and asset division, a joint application can simplify the process. In this post, we’ll walk you through the steps using Legal Aid BC’s resources. And remember, talking to a counsellor can help manage the stress and emotional toll, and help you talk through the process, making it feel less daunting.

Step 1: Determine If You Qualify

1. Requirements for a Joint Uncontested Divorce

  • Residency: Either you or your spouse must have lived in BC for at least 12 months.

  • Grounds for Divorce: The most common reason is separation for at least one year. Both parties must agree to the divorce and terms, such as:

    • Division of assets and debts

    • Parenting arrangements and support (if applicable)

    • Spousal support (if applicable)

Step 2: Prepare and Organize the Required Documents

1. Gather Necessary Documents

You will need:

  • Marriage Certificate: A copy of your official marriage certificate is required. If you were married outside Canada, a translated version may be necessary.

  • Separation Date: The date when you and your spouse separated.

2. Get Any Relevant Agreements

If you and your spouse have already settled issues related to property, debts, child support, spousal support, or parenting, gather any written agreements or court orders that confirm those terms.

Step 3: Fill Out and Prepare the Forms

1. Create the Forms

You and your spouse will need to complete the following forms together:

1. Form F1 - Notice of Family Claim

  • This form outlines the details of your claim for divorce and any additional claims related to child custody, child support, spousal support, or division of property.

  • Required for both sole and joint applications.

2. Form F3 - Registration of Divorce Proceeding

  • This form is required to notify the court that a divorce proceeding has been initiated. It ensures that no other divorce applications are filed in Canada for the same marriage.

3. Form F35 - Requisition

  • This form is used to ask the court to grant the final divorce order.

4. Form F31 - Affidavit for Divorce

  • An affidavit that confirms the details of your marriage, separation, and that all required conditions for divorce (such as the one-year separation period) have been met. It must be sworn in front of a lawyer, notary, or commissioner for taking affidavits (you can sign this at the courthouse).

5. Form F52 - Final Order (Divorce)

  • This is the official order granted by the court to finalize the divorce. You prepare this form and submit it for the judge to sign when granting your divorce.

Additional Forms for Couples with Children

If you and your spouse have children, you will need to submit additional document:

6. Form F37 - Affidavit in Support of Child Support

  • This affidavit provides information about the children's financial support arrangements. It is required if you are claiming child support or the court needs to review the arrangement.

You can fill them out using the Divorce Assistant Tool on the Justice BC website: https://justice.gov.bc.ca/divorce. Or you can download the forms at Legal Aid BC: https://family.legalaid.bc.ca/forms/supreme.

Step 4: File the Forms with the Court

1. Make Copies of Your Forms

Before filing, make at least three copies of each form: one for the court, one for your spouse, and one for your records.

2. File at Your Local Court Registry

  • With your spouse, take the completed forms to your local BC Supreme Court Registry to file them.

  • Pay the filing fee, which is currently $210, though fee waivers are available for those who qualify.

Step 5: Receive Your Final Divorce Order

Once the court processes your application, you will receive your Final Divorce Order in the mail. This typically takes a few weeks.

Step 6: Obtain a Certificate of Divorce

1. Apply for a Certificate of Divorce

After you receive your Final Divorce Order, you can apply for a Certificate of Divorce by submitting Form F56 to the court registry. This certificate serves as proof of your divorce and can be used if you need to remarry or for other legal purposes.

Notes:

  • You may want to consult a lawyer if there are any complexities related to children, property, or spousal support.

  • You can check the status of your application or ask questions at the court registry if needed.

Jessica Alderliesten
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