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Family Law

BC

This publication guides practitioners through divorce, family law agreements, property division, parenting arrangements, and the enforcement of family law orders in British Columbia.

5 Matter Plans

Overview

The Family Law publication includes 5 guides that, through detailed matter plans, outline the typical progression of a family law matter from start to finish. This includes settlement negotiations, the commencement of proceedings, interim applications, preparation for and conduct of final hearings, and enforcement.

It also provides all commonly required precedents and forms, including applications, affidavits, orders, and correspondence.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Letters to the client and other parties throughout the matter;
  • Library of family law agreements:
    • Marriage and cohabitation agreements;
    • Separation agreement;
    • Parenting plan;
    • Family arbitration agreement
  • Example content for:
    • Notice of family claim, response and counterclaim, offer to settle, and conference briefs;
  • Library of family law orders.
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5 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Divorce (BC)
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Remote Witnessing
    • Item icon Further information
  • Item icon Overview
    The federal government presides over matters of marriage and divorce pursuant to s 91(26) of the Constitution Act 1867. Section 92(13) gives the provincial legislatures exclusive jurisdiction to make laws that govern property and civil rights. This results in the applicability of the ...

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  • Item icon Summary of the process
    The usual steps in a divorce matter are:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Divorce
    • Item icon To do list - Divorce
    • Item icon First steps
    • Item icon Client details, verification, and source of funds
    • Item icon Retainer instructions - Divorce
    • Item icon Conflict of interest check
    • Item icon Initial letter to client confirming instructions and enclosing retainer agreement
    • Item icon Retainer agreement - British Columbia
    • Item icon Scope of work - Divorce
    • Item icon Enclosure - Division of property and spousal support on breakdown of relationship
    • Folder icon If required - Authorization and consent
      • Item icon Letter to client enclosing consent regarding medical records
      • Item icon Consent to disclosure of medical information
    • Item icon Time and costs estimates
    • Folder icon If required - Costs disclosure update and a non-engagement letter
      • Item icon Letter to client updating costs disclosure
      • Item icon Non-engagement letter
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Confidentiality deed
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
      • Item icon Standard annexure note for documents
  • Folder icon B. Divorce and corollary relief
    • Item icon Detailed publications for children and property division available
      For further information and precedents on relief relating to children and property, including less common issues such as stand-alone orders and relief for unmarried spouses, see the Children guide and the Property Division guide.

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    • Folder icon Library of clauses and orders
      • Item icon Supreme Court Family Order Pick List
      • Item icon Family Law Act Order Pick List
      • Folder icon Library of general orders
        • Item icon Adjournment
        • Item icon Direction for filing
        • Item icon Discharging previous orders
        • Item icon Discovery within 14 days
        • Item icon Experts confer and file joint statement
        • Item icon Expert's report to be filed
        • Item icon Financial statement to be filed
        • Item icon Further affidavits to be filed for interim application
        • Item icon Judicial case conference
        • Item icon Liberty to apply - General
        • Item icon Other applications dismissed
        • Item icon Remove from active pending cases list
        • Item icon Remove hearing from list
        • Item icon Restraining order
        • Item icon Transfer of proceedings
        • Item icon Vacation of hearing date
      • Folder icon Library of children orders
        • Item icon Agreement not to relocate
        • Item icon Alcohol and drugs prohibition
        • Item icon Alcohol not consumed within 12 hours of handover
        • Item icon Change of name - General
        • Item icon Change of name - Hyphenated surname
        • Item icon Change of name - Restrained from using a particular name
        • Item icon Changeovers - At school
        • Item icon Changeovers - Child delivered by
        • Item icon Changeovers - Delivery to home
        • Item icon Changeovers - Location
        • Item icon Changeovers - Not to remain after
        • Item icon Changeovers - Specified person not to attend
        • Item icon Changeovers - Supervised location
        • Item icon Communication - Extensive
        • Item icon Discharging previous orders - All orders
        • Item icon Equal responsibility, living with and spending time with
        • Item icon Live with each party for a period - Week about
        • Item icon Living arrangements relocation and communication
        • Item icon Location order individual
        • Item icon Medical treatment decisions
        • Item icon Medical treatment decisions one party responsible
        • Item icon Medical treatment not without consulting other party
        • Item icon Non-molestation order
        • Item icon Obligation to provide contact details
        • Item icon Overnight away from party's home not permitted
        • Item icon Parental responsibility - No consultation unless major long term issue
        • Item icon Passport - Consent dispensed with - Issue and renewal
        • Item icon Passport - Holding passports pending travel
        • Item icon Passport - Registrar to hold pending orders or consent
        • Item icon Passport consent dispensed with
        • Item icon Passports application not to be made
        • Item icon Passports to be surrendered
        • Item icon Paternity test
        • Item icon Recovery order parties
        • Item icon Refrain from making critical or derogatory remarks
        • Item icon Refrain from psychological intervention
        • Item icon Religious instruction
        • Item icon Restraint from leaving Canada
        • Item icon Schooling - School to attend
        • Item icon Schooling sole responsibility
        • Item icon Sole parental responsibility - Consult and advise other party
        • Item icon Sole parental responsibility - Education
        • Item icon Sole parental responsibility - Exception school and medical
        • Item icon Sole parental responsibility - General
        • Item icon Sole parental responsibility - Major long term issues
        • Item icon Sole parental responsibility - Sporting activities
        • Item icon Spend time alternate weekends one midweek night
        • Item icon Spend time with and communicate as agreed
        • Item icon Spending time - Child's birthday
        • Item icon Spending time - Father's Day and Mother's Day
        • Item icon Spending time - Parent's birthday
        • Item icon Spending time - Refrain from seeing person
        • Item icon Spending time with grandparents
        • Item icon Supervision of time spent with a party
        • Item icon Telephone communication - Every night
        • Item icon Telephone communication - Every other night
        • Item icon Telephone communication - One evening a week
        • Item icon Urinalysis and hair follicle testing - Monthly
        • Item icon Urinalysis and hair follicle testing - Weekly
        • Item icon Varying previous orders
      • Folder icon Library of property orders
        • Item icon Acquisition of other party's interest in property being sold
        • Item icon Asset pool incomplete
        • Item icon Assets and liabilities not listed retained by parties
        • Item icon Assets cannot be disposed of or encumbered
        • Item icon Encumbrance or loan redraw not permitted
        • Item icon Exclusive occupation and non molestation
        • Item icon Final resolution of financial relationship
        • Item icon Indemnity
        • Item icon Liberty to apply - Property
        • Item icon Occupation and vacation of property pending sale
        • Item icon Parties to do all things necessary to give effect to orders
        • Item icon Payment of mortgage and property accounts pending sale
        • Item icon Personal property and furniture - Division after valuation
        • Item icon Personal property and furniture - Division in accordance with schedule
        • Item icon Personal property and furniture - Two list division
        • Item icon Possession to be delivered to the other party
        • Item icon Resign - Appoint as director - Secretary - Public officer
        • Item icon Sale of property and division of proceeds
        • Item icon Severance of joint tenancies
        • Item icon Transfer business
        • Item icon Transfer business name
        • Item icon Transfer of all entities companies trusts both business and personal
        • Item icon Transfer property and payment including default and interest provisions when payment not made
        • Item icon Transfer property to one party and remortgage
        • Item icon Transfer property to one party and remortgage with sale on default
        • Item icon Transfer shares
    • Folder icon Children
      • Item icon Overview and terminology
        Both the Divorce Act 1985 and the Family Law Act 2011 deal with parenting arrangements after separation. While married spouses can ask for parenting orders under both Acts, it is typical to apply under just one Act. For unmarried parents, the Family Law Act 2011 applies to applications for ...

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      • Folder icon Parenting orders
        • Item icon Parenting orders
        • Item icon Clause - Parenting orders sought or agreed - Concise
        • Item icon Clause - Parenting orders sought or agreed - Extensive
        • Item icon Best interests of the child
      • Folder icon Parenting plans
        • Item icon Parenting plans
          A parenting plan is a document that covers all the arrangements concerning the child the parties agree to including parenting time, parenting responsibilities, or decision-making responsibility, or contact. A parenting plan submitted by the parties may be modified by the court. The plan can be ...

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        • Item icon Parenting plan
        • Item icon Separation agreement
        • Item icon Letter to other side sending parenting plan
        • Item icon Letter to other side's lawyer in response to parenting plan
      • Folder icon Child support
        • Item icon Child support
          Child support is money paid by one parent to the other to help cover child-related expenses. Spouses will not be granted a divorce until they have made reasonable arrangements for the support of their children. In Canada, the Child Support Guidelines are under federal law.

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        • Item icon Child Support Claim
        • Item icon Clause - Child support order - Retroactive
        • Item icon Clause - Orders for child support sought or agreed
    • Folder icon Property division
      • Item icon Property division
        Property division is governed by Part 5 of the Family Law Act 2011. The legislation applies to:

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      • Item icon Clause - Application - Division of property
      • Item icon Clause - Application - Exclusive possession of family residence
      • Item icon Clause - Application - Sale of family residence
    • Folder icon Spousal support
      • Item icon Spousal support
        Married and unmarried spouses may be entitled to spousal support. A spouse's entitlement to spousal support is not dependent on having children. Married spouses may make an application for spousal support under s 15.2(1) of the Divorce Act 1985.

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      • Item icon Establishing entitlement
        A claimant must first establish that they are entitled to an order for spousal support. This is a separate legal issue that must be addressed before the amount of support is determined. A claimant must establish their entitlement by reference to the bases for entitlement to spousal support.

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      • Item icon Amount and duration
        Once entitlement to spousal support is established, the amount and its duration need to be determined. The Divorce Act 1985 and the Family Law Act 2011 outline the factors the court is to consider in determining the amount and duration of spousal support. When spousal support is sought under the ...

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      • Item icon Spousal Support Advisory Guidelines
        The federal Spousal Support Advisory Guidelines can be used to calculate spousal support. The Guidelines do not address entitlement, which is a separate legal issue to be addressed before the amount and duration of support is determined. The federal government has not legislated the use of the ...

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      • Item icon Clause - Spousal support order
    • Folder icon Separation agreements
      • Item icon Separation agreement
      • Folder icon DivorceMate - Separation agreements
        • Item icon Separation Agreement
        • Item icon Collaborative Separation Agreement
    • Item icon Letter to other side's lawyer serving draft order for signing
  • Folder icon C. The application
    • Item icon The typical application
      Most divorce applications are uncontested. The parties file a joint application in the Supreme Court, with claims for corollary relief under the Divorce Act 1985, such as parenting orders, child support, and spousal support, and claims for property division under the Family Law Act 2011. When the ...

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    • Item icon Residence requirements
      A court in British Columbia has jurisdiction to determine a divorce application if either spouse has been habitually resident in the province for at least 1 year immediately before the commencement of the proceedings: s 3(1) of the Divorce Act 1985.

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    • Item icon Grounds for divorce
      Canada has a no-fault divorce statutory regime under the Divorce Act 1985. This means that neither party needs to prove the wrongdoing of the other spouse before they may obtain a divorce order. Instead, the Act gives the court the authority to grant a divorce order on the ground that there has ...

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    • Item icon Contested and uncontested applications
      A divorce application is initiated under the Supreme Court Family Law Rules. The divorce application starts when one party files the Notice of Family Claim, form F3, in the Supreme Court: r 4-1(1).

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    • Item icon Preparing the application
      Sole application for divorce The application for divorce commences when the party files the Notice of Family Claim, form F3, in the Supreme Court registry office and pays the court filing fee.

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    • Item icon Letter to client regarding preparation of Financial Statement
    • Item icon Statement of income, assets, and liabilities
    • Item icon Financial disclosure checklist - Support claims
    • Item icon Financial disclosure checklist - Property claims
    • Item icon Letter to client seeking disclosure documents
    • Folder icon If required - Joint application for divorce
      • Item icon Joint application for divorce
        Using this procedure, both spouses complete and file a Notice of Joint Family Claim, form F1, and supporting documents. The spouses are both named as claimants in the notice. There are no requirements for service. See Preparing the application for the forms and supporting documents to be ...

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      • Item icon Letter to other side requesting joint claim
      • Item icon Notice of Joint Family Claim
      • Item icon Requisition - Undefended Family Law Case
      • Item icon Final Order
      • Item icon Certificate of Pleadings
    • Folder icon If required - Sole application for divorce
      • Item icon Sole application for divorce
        In a sole application for divorce, the claimant files a Notice of Family Claim, form F3, and supporting documents with the Supreme Court naming their spouse as a respondent, then arranges for a court issued copy to be served on the respondent via personal service. The respondent can simply ...

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      • Item icon Notice of Family Claim
      • Item icon Example content - Notice of Family Claim
      • Item icon Requisition - General
      • Item icon Requisition - Undefended Family Law Case
      • Item icon Final Order
      • Item icon Certificate of Pleadings
    • Item icon Contested applications
      A contested divorce, also called a defended divorce, is one where the spouses disagree on the issues raised in the application, such as the grounds for divorce, and child and spousal support. In a contested divorce, both parties must file court documents setting out their position on the issues in ...

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    • Folder icon Supporting documents
      • Item icon Supporting documents
        The following supporting documents are typically required to prepare the divorce application.

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      • Folder icon If required - Filing family agreement or court orders
        • Item icon Filing family law agreement or court orders
        • Item icon Requisition - File Agreement
      • Item icon Birth, marriage, and change of name certificate - Vital Statistics Agency
      • Item icon Registration of Divorce Proceedings – Department of Justice Canada – Online form
      • Item icon Financial Statement - SCFR
      • Item icon Affidavit
    • Folder icon Library of clauses and orders
      • Item icon Supreme Court Family Order Pick List
      • Item icon Family Law Act Order Pick List
      • Folder icon Library of general orders
        • Item icon Adjournment
        • Item icon Direction for filing
        • Item icon Discharging previous orders
        • Item icon Discovery within 14 days
        • Item icon Experts confer and file joint statement
        • Item icon Expert's report to be filed
        • Item icon Financial statement to be filed
        • Item icon Further affidavits to be filed for interim application
        • Item icon Judicial case conference
        • Item icon Liberty to apply - General
        • Item icon Other applications dismissed
        • Item icon Remove from active pending cases list
        • Item icon Remove hearing from list
        • Item icon Restraining order
        • Item icon Transfer of proceedings
        • Item icon Vacation of hearing date
      • Folder icon Library of children orders
        • Item icon Agreement not to relocate
        • Item icon Alcohol and drugs prohibition
        • Item icon Alcohol not consumed within 12 hours of handover
        • Item icon Change of name - General
        • Item icon Change of name - Hyphenated surname
        • Item icon Change of name - Restrained from using a particular name
        • Item icon Changeovers - At school
        • Item icon Changeovers - Child delivered by
        • Item icon Changeovers - Delivery to home
        • Item icon Changeovers - Location
        • Item icon Changeovers - Not to remain after
        • Item icon Changeovers - Specified person not to attend
        • Item icon Changeovers - Supervised location
        • Item icon Communication - Extensive
        • Item icon Discharging previous orders - All orders
        • Item icon Equal responsibility, living with and spending time with
        • Item icon Live with each party for a period - Week about
        • Item icon Living arrangements relocation and communication
        • Item icon Location order individual
        • Item icon Medical treatment decisions
        • Item icon Medical treatment decisions one party responsible
        • Item icon Medical treatment not without consulting other party
        • Item icon Non-molestation order
        • Item icon Obligation to provide contact details
        • Item icon Overnight away from party's home not permitted
        • Item icon Parental responsibility - No consultation unless major long term issue
        • Item icon Passport - Consent dispensed with - Issue and renewal
        • Item icon Passport - Holding passports pending travel
        • Item icon Passport - Registrar to hold pending orders or consent
        • Item icon Passport consent dispensed with
        • Item icon Passports application not to be made
        • Item icon Passports to be surrendered
        • Item icon Paternity test
        • Item icon Recovery order parties
        • Item icon Refrain from making critical or derogatory remarks
        • Item icon Refrain from psychological intervention
        • Item icon Religious instruction
        • Item icon Restraint from leaving Canada
        • Item icon Schooling - School to attend
        • Item icon Schooling sole responsibility
        • Item icon Sole parental responsibility - Consult and advise other party
        • Item icon Sole parental responsibility - Education
        • Item icon Sole parental responsibility - Exception school and medical
        • Item icon Sole parental responsibility - General
        • Item icon Sole parental responsibility - Major long term issues
        • Item icon Sole parental responsibility - Sporting activities
        • Item icon Spend time alternate weekends one midweek night
        • Item icon Spend time with and communicate as agreed
        • Item icon Spending time - Child's birthday
        • Item icon Spending time - Father's Day and Mother's Day
        • Item icon Spending time - Parent's birthday
        • Item icon Spending time - Refrain from seeing person
        • Item icon Spending time with grandparents
        • Item icon Supervision of time spent with a party
        • Item icon Telephone communication - Every night
        • Item icon Telephone communication - Every other night
        • Item icon Telephone communication - One evening a week
        • Item icon Urinalysis and hair follicle testing - Monthly
        • Item icon Urinalysis and hair follicle testing - Weekly
        • Item icon Varying previous orders
      • Folder icon Library of property orders
        • Item icon Acquisition of other party's interest in property being sold
        • Item icon Asset pool incomplete
        • Item icon Assets and liabilities not listed retained by parties
        • Item icon Assets cannot be disposed of or encumbered
        • Item icon Encumbrance or loan redraw not permitted
        • Item icon Exclusive occupation and non molestation
        • Item icon Final resolution of financial relationship
        • Item icon Indemnity
        • Item icon Liberty to apply - Property
        • Item icon Occupation and vacation of property pending sale
        • Item icon Parties to do all things necessary to give effect to orders
        • Item icon Payment of mortgage and property accounts pending sale
        • Item icon Personal property and furniture - Division after valuation
        • Item icon Personal property and furniture - Division in accordance with schedule
        • Item icon Personal property and furniture - Two list division
        • Item icon Possession to be delivered to the other party
        • Item icon Resign - Appoint as director - Secretary - Public officer
        • Item icon Sale of property and division of proceeds
        • Item icon Severance of joint tenancies
        • Item icon Transfer business
        • Item icon Transfer business name
        • Item icon Transfer of all entities companies trusts both business and personal
        • Item icon Transfer property and payment including default and interest provisions when payment not made
        • Item icon Transfer property to one party and remortgage
        • Item icon Transfer property to one party and remortgage with sale on default
        • Item icon Transfer shares
    • Folder icon If required - Response, Counterclaim, and Response to Counterclaim
      • Item icon Response to Family Claim and Counterclaim
        When a respondent is served with a Notice of Family Claim, form F3, they have 30 days to file a Response to Family Claim, form F4. In the form F4 response, the respondent sets out why they disagree with the claims made or orders requested in the claimant's notice. A respondent ...

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      • Item icon Response to Family Claim
      • Item icon Example content - Response to Family Claim
      • Item icon Counterclaim
      • Item icon Example content - Counterclaim
      • Item icon Response to Counterclaim
        The claimant has 30 days after being served with the respondent’s Counterclaim, form F5, to file a Response to Counterclaim, form F6: r 4-4(5) of the Supreme Court Family Law Rules. Most claimants would only prepare a response if there was something extraordinary or unexpected ...

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      • Item icon Response to Counterclaim
      • Item icon Proceedings in French or English
        In a family law case in which an order is sought under the Divorce Act 1985, the parties may request proceedings in either official language. The documents prepared for court can be in French or English, unless the court orders otherwise: r 20-7(3) of the Supreme Court Family Rules. This ...

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  • Folder icon D. Filing and service
    • Item icon Electronic filing
      Most family court forms and documents related to divorce applications can be filed electronically using Court Services Online. This system also allows account holders to pay fees and track the status of a case online. Before being filed, forms must be completed according to the Supreme Court Family ...

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    • Item icon Court Services Online – Ministry of Attorney General
    • Item icon Register for Court Services Online account – Ministry of Attorney General
    • Item icon Electronic Filing Statement - SCFR
    • Item icon Fax Filing Cover Page
    • Item icon File in person
      A party may file documents related to a divorce action at the Supreme Court registry office. See the Current Locations and Contacts for a list of registry offices. Typically a party files documents at the registry office closest to their home or place of work since they may need to return to the ...

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    • Item icon Filing fees
      When filing documents with the registry office, the party must pay a filing fee. Alternatively, the party completes an application for an order to waive fees made in accordance with r 20-5 of the Supreme Court Family Rules. The forms required to make the application are:

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    • Folder icon If required - Waiver of filing fees
      • Item icon Requisition - General
      • Item icon Order to Waive Fees
      • Item icon Affidavit in Support to Waive Fees (Form F86) – Supreme Court Family Rules forms
    • Item icon Service
      Serving a Notice of Family Claim The Notice of Family Claim, form F3, and supporting documents must be served on the respondent by personal service: r 6-3(1) of the Supreme Court Family Rules.

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    • Item icon Ordinary service
      Subject to r 6-3(1) of the Supreme Court Family Rules, documents to be served by a party under the Rules are served by ordinary service: r 6-2(1). Ordinary service is to be carried out in accordance with r 6-2(2) by:

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    • Item icon Letter to other side serving documents
    • Item icon Affidavit of Ordinary Service
    • Item icon Personal service
      Rule 6-3(1) of the Supreme Court Family Rules list the documents that must be served personally. This includes a Notice of Family Claim, form F3. In accordance with r 6-3(2) personal service is effected on:

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    • Item icon Letter to process server to serve documents
    • Item icon Letter to process server to file documents
    • Item icon Affidavit of Personal Service - SCFR
    • Folder icon If required - Other forms of service
      • Item icon Substituted service
        If it is impracticable to serve a document by personal service or if the person to be served by personal service cannot be found after a diligent search, or is evading service, the court may, on application without notice, make an order for substituted service granting permission to use an ...

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      • Item icon Service by advertisement
        If service by advertisement is ordered, Notice of Publication, form F11, is used: r 6-4(3) of the Supreme Court Family Rules.

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      • Item icon Notice of Publication
      • Item icon Service outside British Columbia
        Service of documents on a person outside British Columbia is dealt with under r 6-5 of the Supreme Court Family Rules. A Notice of Family Claim, form F3, Counterclaim, form F5, Petition, form F73, or other document in a family law case, may be served on a person outside British ...

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      • Item icon Certificate
      • Item icon Affidavit
    • Item icon Proof of service
      Rule 6-6(1) states that the service of an originating document or petition on a person is proved by:

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    • Folder icon If required - Late filing
      • Item icon Letter to other side's lawyer requesting consent to late file
    • Item icon Letter to client advising documents have been filed
  • Folder icon E. Going to court
    • Item icon Going to court
      Where spouses do not agree to the divorce or cannot settle corollary relief issues about the division of property, parenting, child support, or spousal support, the application will proceed to trial on a contested basis. Though the parties commence the court process, there remain many opportunities ...

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    • Item icon Letter to client confirming sole application filed
    • Item icon Letter to other side's lawyer seeking mediation
    • Item icon Certificate of Mediation
    • Folder icon Library of clauses and orders
      • Item icon Supreme Court Family Order Pick List
      • Item icon Family Law Act Order Pick List
      • Folder icon Library of general orders
        • Item icon Adjournment
        • Item icon Direction for filing
        • Item icon Discharging previous orders
        • Item icon Discovery within 14 days
        • Item icon Experts confer and file joint statement
        • Item icon Expert's report to be filed
        • Item icon Financial statement to be filed
        • Item icon Further affidavits to be filed for interim application
        • Item icon Judicial case conference
        • Item icon Liberty to apply - General
        • Item icon Other applications dismissed
        • Item icon Remove from active pending cases list
        • Item icon Remove hearing from list
        • Item icon Restraining order
        • Item icon Transfer of proceedings
        • Item icon Vacation of hearing date
      • Folder icon Library of children orders
        • Item icon Agreement not to relocate
        • Item icon Alcohol and drugs prohibition
        • Item icon Alcohol not consumed within 12 hours of handover
        • Item icon Change of name - General
        • Item icon Change of name - Hyphenated surname
        • Item icon Change of name - Restrained from using a particular name
        • Item icon Changeovers - At school
        • Item icon Changeovers - Child delivered by
        • Item icon Changeovers - Delivery to home
        • Item icon Changeovers - Location
        • Item icon Changeovers - Not to remain after
        • Item icon Changeovers - Specified person not to attend
        • Item icon Changeovers - Supervised location
        • Item icon Communication - Extensive
        • Item icon Discharging previous orders - All orders
        • Item icon Equal responsibility, living with and spending time with
        • Item icon Live with each party for a period - Week about
        • Item icon Living arrangements relocation and communication
        • Item icon Location order individual
        • Item icon Medical treatment decisions
        • Item icon Medical treatment decisions one party responsible
        • Item icon Medical treatment not without consulting other party
        • Item icon Non-molestation order
        • Item icon Obligation to provide contact details
        • Item icon Overnight away from party's home not permitted
        • Item icon Parental responsibility - No consultation unless major long term issue
        • Item icon Passport - Consent dispensed with - Issue and renewal
        • Item icon Passport - Holding passports pending travel
        • Item icon Passport - Registrar to hold pending orders or consent
        • Item icon Passport consent dispensed with
        • Item icon Passports application not to be made
        • Item icon Passports to be surrendered
        • Item icon Paternity test
        • Item icon Recovery order parties
        • Item icon Refrain from making critical or derogatory remarks
        • Item icon Refrain from psychological intervention
        • Item icon Religious instruction
        • Item icon Restraint from leaving Canada
        • Item icon Schooling - School to attend
        • Item icon Schooling sole responsibility
        • Item icon Sole parental responsibility - Consult and advise other party
        • Item icon Sole parental responsibility - Education
        • Item icon Sole parental responsibility - Exception school and medical
        • Item icon Sole parental responsibility - General
        • Item icon Sole parental responsibility - Major long term issues
        • Item icon Sole parental responsibility - Sporting activities
        • Item icon Spend time alternate weekends one midweek night
        • Item icon Spend time with and communicate as agreed
        • Item icon Spending time - Child's birthday
        • Item icon Spending time - Father's Day and Mother's Day
        • Item icon Spending time - Parent's birthday
        • Item icon Spending time - Refrain from seeing person
        • Item icon Spending time with grandparents
        • Item icon Supervision of time spent with a party
        • Item icon Telephone communication - Every night
        • Item icon Telephone communication - Every other night
        • Item icon Telephone communication - One evening a week
        • Item icon Urinalysis and hair follicle testing - Monthly
        • Item icon Urinalysis and hair follicle testing - Weekly
        • Item icon Varying previous orders
      • Folder icon Library of property orders
        • Item icon Acquisition of other party's interest in property being sold
        • Item icon Asset pool incomplete
        • Item icon Assets and liabilities not listed retained by parties
        • Item icon Assets cannot be disposed of or encumbered
        • Item icon Encumbrance or loan redraw not permitted
        • Item icon Exclusive occupation and non molestation
        • Item icon Final resolution of financial relationship
        • Item icon Indemnity
        • Item icon Liberty to apply - Property
        • Item icon Occupation and vacation of property pending sale
        • Item icon Parties to do all things necessary to give effect to orders
        • Item icon Payment of mortgage and property accounts pending sale
        • Item icon Personal property and furniture - Division after valuation
        • Item icon Personal property and furniture - Division in accordance with schedule
        • Item icon Personal property and furniture - Two list division
        • Item icon Possession to be delivered to the other party
        • Item icon Resign - Appoint as director - Secretary - Public officer
        • Item icon Sale of property and division of proceeds
        • Item icon Severance of joint tenancies
        • Item icon Transfer business
        • Item icon Transfer business name
        • Item icon Transfer of all entities companies trusts both business and personal
        • Item icon Transfer property and payment including default and interest provisions when payment not made
        • Item icon Transfer property to one party and remortgage
        • Item icon Transfer property to one party and remortgage with sale on default
        • Item icon Transfer shares
    • Folder icon Disclosure
      • Item icon Disclosure
        Section 5 of the Family Law Act 2011 requires each party to provide full and accurate information concerning their finances and other personal circumstances relevant to the issues in dispute. Failure of either party to comply with this requirement may lead to any agreement or order entered ...

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      • Item icon Financial statement requirements
        A Financial statement is required for corollary relief claims involving child support or spousal support, and for property division claims under Part 5 of the Family Law Act 2011. A financial statement is prepared using Financial Statement, form F8: rr 5-1(4) and (9) and (10) of the ...

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      • Item icon Financial Statement - SCFR
      • Item icon List of documents
        Rule 9-1(1) of the Supreme Court Family Rules requires each party to prepare a list of all the documents that are or have been in the party's possession or control that are relevant to the issues in a court proceeding. Each party must list these documents in a formal List of Documents, ...

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      • Item icon List of Documents
      • Item icon Letter to other side's lawyer seeking financial disclosure
      • Item icon Notice to Produce
      • Item icon Interrogatories
      • Item icon Booking conferences and trial dates
        From November 1 2024 conferences and trial dates can be booked online using the Court Online Booking System (COBS). This replaces the traditional method of scheduling by telephone. Scheduling is still available by telephone or in person at the courthouse if litigants cannot access the online ...

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    • Item icon Case conferences
      The four types of case conferences held in the Supreme Court under the Supreme Court Family Rules are:

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    • Item icon Letter to other side's lawyer scheduling a conference
    • Folder icon If required - Request to be excused from attending a conference
      • Item icon Letter to court requesting that client be excused from attending conference
      • Item icon Requisition - Method of Attendance
    • Folder icon Judicial case conference
      • Item icon Judicial case conferences
        A judicial case conference is an informal private meeting between the parties, their lawyers, and a judge or associate judge. The purpose of the meeting is to discuss the legal issues and see if any of them can be settled. Judicial case conferences can be very helpful as the parties have an ...

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      • Item icon Letter to client regarding judicial case conference
      • Item icon Example content - Judicial case conference brief
      • Item icon Notice of Judicial Case Conference
      • Item icon Financial Statement - SCFR
      • Item icon Application Record Index
      • Item icon Litigants’ Guide to Judicial Case Conferences – Supreme Court of British Columbia
      • Item icon Order Made at Judicial Case Conference
    • Folder icon Case planning conference
      • Item icon Case planning conferences
        A case planning conference is a meeting between the parties, their lawyers, and a judge or associate judge. The purpose of the meeting is to bring the parties together early in the litigation to discuss how the case will proceed. A case planning conference may be requested by a party or directed by ...

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      • Item icon Notice of Case Planning Conference
      • Item icon Case Plan Proposal
    • Folder icon Settlement conference
      • Item icon Settlement conference
        The Supreme Court Family Rules allow either party to schedule a settlement conference before a judge or associate judge before the trial by filing a Requisition - General, form F17: r 7-2(1). The filed requisition is served on the other parties by ordinary service.

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      • Item icon Requisition - General
      • Item icon Example content - Settlement conference brief
    • Folder icon If required - Offers to settle
      • Item icon Offers to settle
        Offers to settle are governed by r 11-1 of the Supreme Court Family Rules. An offer to settle can be made at any point in the court process. The offer must be made in writing and be served on all parties. Any offer to settle may be considered by the court when exercising its discretion in ...

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      • Item icon Example content - Offer to settle
      • Item icon Letter to client enclosing offer to settle for approval
      • Item icon Letter to other side's lawyer serving draft order for signing
      • Item icon Costs consequences of failure to accept offer
        In a family law case in which an offer to settle has been made, under r 11-1(5) of the Supreme Court Family Rules, the court may:

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    • Folder icon If required - Interim orders
      • Item icon Interim orders
        Where an interim order is sought during the course of a proceeding, the applicant files a Notice of Application, form F31, and a supporting Affidavit, form F30, explaining the orders sought: rr 10-6(2) and (3) of the Supreme Court Family Rules. Rule 10-6(3) outlines the specific ...

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      • Item icon Notice of Application
      • Item icon Application Response
      • Item icon Application Record Index
      • Item icon Affidavit
    • Folder icon Trial brief and trial management conference
      • Item icon Trial brief
        Rule 14-2.1 of the Supreme Court Family Rules requires the parties to file and serve a Trial Brief, form F45, on all parties as follows:

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      • Item icon Trial Brief
      • Item icon Trial management conferences
        A trial management conference is a formal hearing before a judge or associate judge to fix the schedule for the trial and attempt to resolve any disputes about evidence. The judge or associate judge will require details about the witnesses each party intends to call, the completeness of the ...

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    • Item icon The trial
      Where issues remain unresolved, the matter will proceed to trial. The usual practice is for the claimant to schedule the trial, but the respondent can schedule it also. This is done by filing a Notice of Trial, form F44: r 14-2(1) of the Supreme Court Family Rules.

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    • Item icon Notice of Trial
    • Item icon Trial Brief
    • Item icon Trial Certificate
    • Item icon Notice to Cross-Examine
    • Item icon Notice to Produce
    • Item icon Final Order
    • Folder icon If required - Requests
      • Item icon Request for Protection Order Registry Search
      • Item icon Request
    • Folder icon If required - Applications
      • Item icon Letter to other side's lawyer to schedule an application
      • Item icon Notice of Application
      • Item icon Application Response
      • Item icon Order Made after Application
      • Item icon Affidavit
    • Folder icon If required - Restraining orders
      • Item icon Restraining Order
    • Folder icon If required - Witnesses
      • Item icon Subpoena to Witness - SCFR
      • Item icon Notice of Intention to call Adverse Party as a Witness
    • Folder icon If required - Withdrawal
      • Item icon Notice of Withdrawal
      • Item icon Notice of Withdrawal from Joint Family Law Case
      • Item icon Notice of Withdrawal in Family Law Case in which a Divorce is Claimed
    • Folder icon If required - Change in representation and withdrawal as lawyer
      • Item icon Notice of Appointment or Change of Lawyer
      • Item icon Letter to other side's lawyer advising of change of representation
      • Item icon Notice of Intention to Withdraw as Lawyer
      • Item icon Notice of Withdrawal of Lawyer
    • Folder icon If required - Late filing
      • Item icon Letter to other side's lawyer requesting consent to late file
      • Item icon Letter to client advising documents have been filed
    • Item icon Factum
    • Item icon Costs
      After the decision has been delivered, a party can ask the court to provide a ruling on costs. If costs are payable to a party under the Supreme Court Family Rules or by order, under r 16-1(1) those costs must be assessed in accordance with Appendix B unless:

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    • Item icon Certificate of Costs or Expenses
    • Item icon Appeals
      Appeal routes in British Columbia are determined based on the court that made the order and whether it is an appeal from a final or interim order.

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    • Item icon Notice of Hearing of Appeal
  • Folder icon F. Finalizing the divorce
    • Item icon Determination of application
      In the case of an uncontested divorce, once the application is submitted, a judge will either grant the divorce or reject the application. The decision usually takes about 1 month but may take longer. If the application is rejected, the registry will confirm what the court requires, which may ...

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    • Item icon When a divorce order takes effect
      A divorce takes effect 31 days after the day the judgment granting the divorce is rendered: s 12(1) of the Divorce Act 1985. The 31 day period is the prescribed time in which a party may institute an appeal of the divorce. The court may order that the divorce take effect earlier if ...

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    • Item icon Letter to client confirming divorce granted
    • Item icon Serving the divorce order
      In the case of a sole application for an uncontested divorce, a copy of the signed divorce order should be served on the other person as soon as possible unless the court explicitly says it is not required: r 15-2(4) of the Supreme Court Family Rules. Service of it can be effected by ordinary ...

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    • Item icon Certificate of Divorce
    • Item icon Letter to client enclosing copy of Certificate of Divorce
  • Folder icon G. Finalizing the matter
    • Item icon Finalizing the matter
      Once negotiations or court proceedings are finalized, the terms of an agreement or orders need to be implemented. This requires:

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    • Item icon Letter to client finalizing the matter
    • Item icon Invoice recital - Divorce
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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