Canada · Province guide
Separation and divorce inBritish Columbia.
Family law is provincial. Here is how it works in British Columbia: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for British Columbia.
Official source: www2.gov.bc.ca · Court forms: www.bccourts.ca · Legislation: statute
Property division
The Family Law Act divides family property and family debt equally, with excluded property (pre-relationship assets, gifts and inheritances) kept by the owner but growth in its value during the relationship shared. Applies to married spouses and to unmarried partners who lived together for two years.
Child and spousal support
Federal Child Support Guidelines for married parents; the Family Law Act adopts the same tables for unmarried parents. Child support recalculation is available through the Child Support Recalculation Service in some registries. Divorce is federal under the Divorce Act: one year living separate and apart (or adultery or cruelty). Child support for divorcing parents follows the Federal Child Support Guidelines; spousal support is guided by the Spousal Support Advisory Guidelines.
Filing for divorce
Court: Supreme Court of British Columbia (divorce and property) and Provincial Court (parenting and support for unmarried parents)Divorce is filed in the Supreme Court using a Notice of Family Claim (Form F3) or Notice of Joint Family Claim (Form F1). The filing fee is $200 plus the $10 federal registration fee, and the final desk-order divorce requisition is $80, roughly $290 in total; the filing fee is waived where a Certificate of Mediation is filed. A no-fee order is available for financial hardship under Rule 20-5. The free Online Divorce Assistant prepares joint divorce forms. Family Justice Counsellors provide free help with parenting and support in Provincial Court.
Pensions
Pension division follows Part 6 of the Family Law Act; the non-member spouse can receive a share of the pension or a transfer.
Deadlines
Property and spousal support claims by spouses must be started within two years of divorce or, for unmarried spouses, two years of separation.
Enforcement and legal aid
Support is enforced by the Family Maintenance Enforcement Program (FMEP). Support orders and filed agreements can be registered with the provincial maintenance enforcement program, which collects through wage garnishment, licence suspension and federal interception. Legal aid: Legal Aid BC.
Read next
Guides for British Columbia
Filing for an uncontested divorce in Canada
GuideWhat divorce costs in Canada
GuideChild support in Canada
GuideSpousal Support Advisory Guidelines explained
GuideProperty division across Canada
GuidePensions and CPP credit splitting
GuideSeparation and Canadian taxes
GuideIndependent legal advice
GuideCommon-law separation guide
GuideYour separation date controls everything
GuideHidden assets: warning signs
GuideJoint debt at separation
GuideWhen your ex won't pay
GuideSeparating when there is abuse
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British Columbia
Documents built for British Columbia
Separation agreements, parenting plans and financial disclosure structured to British Columbia's requirements and linked to the legislation above, then reviewed by a local family lawyer.
Sources and further reading
This page is legal information, not legal advice. It summarises how the process works in British Columbia so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and the documents are built for British Columbia and reviewed by a local lawyer before you sign.