Supreme Court — Joint application
How to do your own undefended (uncontested) divorce
File the first forms OR go directly to Step 5
You have two options:
- File your Notice of Joint Family Claim and Registration of Divorce now. Do this if you're filing the joint notice of family claim less than one year after you have been separated or if you're having a lawyer or notary swear the second set of documents,
- Go directly to Step 5. Complete the next set of documents and file everything together. Do this if one year has passed since you separated and you're going to have your documents sworn at the court registry.
When you've completed your Notice of Joint Family Claim (Form F1), take it to the Supreme Court registry.
You can file your divorce documents at any Supreme Court registry. Usually, people file their documents at the Supreme Court registry nearest to where they live or work (Supreme Court registry addresses). When you go to the registry, ask any staff person to direct you to the divorce counter.
If you are in a community that isn't close to a Supreme Court registry, contact your local library for information about where to file your documents.
Make sure the Notice of Joint Family Claim (Form F1) has been signed by you or your lawyer. Make two photocopies of it. You will use these copies as follows:
- The registry keeps the original.
- One copy is for you.
- The other copy is for your spouse.
(Photocopy your marriage certificate if you'd like to have a copy of it.) After you've made your copies, sort and staple them to make three stapled sets (original and two copies).
Only one spouse needs to file the Notice of Joint Family Claim (Form F1) in the court registry. Take:
- the original Notice;
- your original marriage certificate;
- a copy of your Vital Statistics change-of-name certificate if either of you changed your name while you were married;
- the photocopies; and
- the completed Registration of Divorce;
as well as a cheque, money order, or cash, to the registry.
As of September 2017, the fee is $210 (a $200 filing fee, plus $10 for a Registration of Divorce). Make cheques and money orders payable to the Minister of Finance. Some registries may accept debit cards — call ahead to find out.
At the counter, the registry staff will check your documents to make sure they've been completed properly. They'll ask you for:
- the original of the Notice of Joint Family Claim (Form F1) with your original signature;
- your marriage certificate, which stays in the file at the Supreme Court;
- a completed Registration of Divorce form; and
- your payment ($210).
Some registries may require that you leave the documents there for them to check and that you come back later. Other registries will check the documents while you wait.
If you're not sure whether you've filled out the documents correctly, get some legal advice before you file your documents — from family duty counsel or (in Vancouver) from the Vancouver Justice Access Centre Self-Help and Information Services.
If the registry is satisfied that your documents are completed correctly, they will stamp the documents with the date, the court seal, and a file number.
You now have a divorce file open in the Supreme Court.