Most divorces in BC are uncontested — both spouses agree on the key issues and just need the court to dissolve the marriage. Here is what the process involves, how much it costs, and how long it takes in 2026.
How much does an uncontested divorce cost in BC, and how long does it take?
I have practised law in British Columbia since 1991, and I help couples finish a divorce without a trial. Here is what to expect.
The majority of divorces granted in British Columbia are uncontested — meaning both spouses agree there should be a divorce and have resolved (or are not disputing) property, parenting, and support issues. An uncontested divorce does not require a trial, and in many cases it does not even require either spouse to appear in court.
The One-Year Separation Requirement
In Canada, the most common ground for divorce is living separate and apart for at least one year. You do not need to wait until you have been separated for a full year before starting the paperwork — you can file while you are still in the year, but the divorce order will not be granted until the one-year mark has passed.
(Adultery and physical or mental cruelty are also grounds, but most BC couples use the one-year separation ground — it is simpler and does not require proving fault.)
Joint Application vs. Single Application
Joint application: Both spouses apply together. This is the most efficient route when both parties are cooperating — it typically costs less and proceeds faster because only one set of documents needs to be filed and processed.
Single (sole) application: One spouse applies; the other is served and does not need to participate if they do not contest the divorce. A single application is appropriate when one spouse is difficult to locate, uncooperative about signing joint materials, or living outside the country.
The Basic Steps
1. Confirm eligibility — At least one spouse must have been ordinarily resident in BC for at least one year before filing
2. Prepare the divorce documents — Notice of Family Claim (or Joint Petition for Divorce), Financial Statements (if child or spousal support is involved), Parenting Affidavit (if there are children of the marriage)
3. File at BC Supreme Court Registry — The filing fee is currently $210 for a single application or $210 for a joint petition (fees subject to change)
4. Serve the other spouse (single application only) — Personal service is required if the other spouse has not signed the joint materials
5. File proof of service — An affidavit confirming when and how the other spouse was served
6. Request a Desk Order Divorce — Once the one-year period has passed and all required documents are filed, you can apply for a Divorce Order without appearing in court
7. Divorce Order is granted — The court reviews the materials and, if everything is in order, grants the Divorce Order
8. Divorce Certificate — You can obtain a Divorce Certificate from the registry once the Divorce Order has been in effect for 31 days (the appeal period)
How Long Does It Take?
An uncontested divorce in BC typically takes 3–6 months from filing to Divorce Order, depending on:
- The BC Supreme Court registry's current processing times
- How quickly all documents are filed and served
- Whether any issues arise (incorrect forms, missing affidavits, etc.)
The current backlogs in some registries (particularly Vancouver) mean some uncontested divorces take longer. New Westminster and Chilliwack registries generally process faster.
How Much Does It Cost?
| Item | Approximate Cost |
|------|-----------------|
| Court filing fee | $210 |
| Process server (if needed) | $75–$150 |
| Divorce Certificate | $40 |
| Lawyer fees (document preparation) | $800–$2,500 |
| Total (approximate) | $1,100–$2,900 |
Costs vary depending on complexity. If property, support, and parenting matters are also being finalized in a separation agreement, lawyer fees will be higher.
What If We Have Children?
If there are children of the marriage under 18, the court must be satisfied that appropriate parenting and support arrangements have been made before granting the divorce. You will need to file:
- A Parenting Affidavit confirming the proposed parenting arrangements
- A Child Support Affidavit confirming the amount of child support being paid (in accordance with the federal Child Support Guidelines)
Can I Do It Myself?
Technically yes — but mistakes in BC Supreme Court divorce documents are common and can cause significant delays. A lawyer reviewing and preparing your documents reduces the risk of rejection and ensures your separation agreement is enforceable if issues arise later.
Sea to Sky Law Can Help
Andrew Liggett BA JD CD has guided thousands of BC couples through uncontested divorces since 1991. We offer efficient document preparation and review for clients who have already reached agreement — as well as full representation for more complex matters.
Typically 3–6 months from filing to Divorce Order, depending on the registry's processing times and how quickly all required documents are filed and served.
Court fees are approximately $250 (filing plus certificate). Total costs including a lawyer to prepare documents typically run $1,100–$2,900 depending on complexity.
No. Only one spouse needs to apply. If the other spouse does not respond or contest the divorce after being properly served, the divorce can proceed on a single application after the one-year separation period.
A desk order divorce is an uncontested divorce granted by a judge reviewing the paperwork without either spouse appearing in court — the most common way uncontested divorces are processed in BC.
When both spouses agree on the end of the marriage, parenting arrangements, and how property and debts will be divided, an uncontested divorce is usually the fastest and least costly path in British Columbia. Costs depend on how much paperwork is needed and whether one or both spouses use a lawyer for advice.
Timelines are shaped by the required waiting period after separation, the time needed to prepare and file the court forms, and how quickly the agreement is finalized. Clear, complete information at the start tends to keep the process moving.
Common cost drivers include drafting a separation agreement, preparing a consent order for parenting time, and making sure the final documents are correct. Our firm offers a free intake call so you can understand what your situation will likely involve before you commit to anything.