Guide · British Columbia

How divorce works in British Columbia.

A plain-language walkthrough of the BC divorce process — from the day of separation to the final Certificate of Divorce.

Divorce in Canada is governed by the federal Divorce Act; property and (for unmarried partners) parenting and support are governed by the BC Family Law Act. In practice, most BC divorces follow the same seven-step arc, whether the file settles in three months or takes two years.

Step 1 — Separation

Separation happens the moment one spouse forms an intention to end the relationship and communicates it — even if the two of you continue living under the same roof. The date of separation matters: it starts the one-year clock for divorce and, in most cases, fixes the valuation date for family property.

Step 2 — Gather financial disclosure

Every family file runs on full and honest financial disclosure — income, assets, debts, and pensions on both sides. Getting this in order early accelerates every later step.

Step 3 — Resolve parenting, support and property

The substantive work of a divorce is settling three things: parenting arrangements, child and spousal support, and division of family property and debt. Most files resolve these through negotiation between counsel or mediation, ending in a signed separation agreement.

Step 4 — File the divorce

Once the one-year separation ground is met, the Notice of Family Claim (BC Supreme Court) is filed and served. Where all issues are resolved by agreement, the file proceeds as an uncontested desk-order divorce.

Step 5 — Judicial Case Conference (if contested)

For contested Supreme Court files, a JCC is generally the first court event — a without-prejudice conference before a judge or master to explore settlement and set the next steps.

Step 6 — Interim applications, mediation, or trial

Contested files may involve interim orders for parenting, support or exclusive occupation, further negotiation, mediation, or ultimately a trial. Most still settle before trial.

Step 7 — Final Divorce Order and Certificate of Divorce

Once the court grants the Divorce Order it takes effect on the 31st day. The Certificate of Divorce — the document required to remarry — is issued on request after that.

Where a lawyer changes the outcome

Even in cooperative files, a lawyer's job is to make sure the agreement you sign is durable, that disclosure is complete, and that the terms track the law. Dana Rogers offers a free 30-minute consultation to map your file to this arc.

Common questions

Frequently asked.

How long does it take to get divorced in BC?
An uncontested desk-order divorce typically takes three to six months from filing, provided the one-year separation ground is met. Contested files can take a year or more.
Do I need a separation agreement before I can file for divorce?
No, but it is strongly recommended. Filing for divorce with all major issues already resolved by agreement usually converts the file into a straightforward desk order.
What if my spouse won't agree to the divorce?
Your spouse's consent is not required. If you have been separated for one year and proper service is made, the court can grant the divorce over their objection.
Do I have to be divorced to remarry in Canada?
Yes. Remarriage requires a final Divorce Order and a Certificate of Divorce issued by the court.

Ready to talk?

Book a $300 30-minute strategy session with Dana Rogers. Fee is credited toward your retainer if we take on your matter.