Filing for Divorce in British Columbia
Divorce in Canada is governed by the federal Divorce Act, while property division and support follow BC's Family Law Act. The process can be straightforward or complex depending on your circumstances. As divorce lawyers in Surrey, we guide our clients through each step.
Grounds for Divorce
In Canada, there is only one ground for divorce: breakdown of marriage. This is established by living separate and apart for at least one year (the most common ground), adultery, or physical or mental cruelty. The one-year separation period does not need to be complete before filing — you can file as soon as you separate and the divorce will be granted once the year has elapsed.
Step 1: Determine Your Situation
Joint (uncontested) divorce — Both spouses agree on all issues (property, support, custody). This is faster and less expensive.
Contested divorce — Spouses disagree on one or more issues. This may require mediation, negotiation, or trial.
Step 2: File Your Application
You must file in BC Supreme Court. Required documents include the Notice of Family Claim, Registration of Divorce Proceedings, and your marriage certificate. Filing fees are approximately $210.
Step 3: Serve Your Spouse
Your spouse must be formally served with the divorce documents. They then have 30 days to file a Response.
Step 4: Resolve Outstanding Issues
If there are disputes about property division, spousal support, child custody, or parenting arrangements, these must be resolved through negotiation, mediation, or court hearings before the divorce can be finalized.
Step 5: Obtain the Divorce Order
Once all issues are resolved, the court grants a Divorce Order. It becomes effective 31 days after the order is made (the appeal period). Only then are you legally divorced and free to remarry.
Timeline and Costs
An uncontested divorce typically takes 4-6 months from filing. A contested divorce can take 1-3 years. Legal fees for an uncontested divorce start around $1,500-$2,500. A family lawyer in Surrey can help you understand the costs specific to your situation.