The Best Option for You
If You Go to Supreme Court
Most separating and divorcing couples never go to court. Instead, they come to an agreement on their own, often with the help of lawyers or through mediation.
Sometimes, however, there is no other option and a couple has to go to court to ask a judge to help them settle such issues as custody, guardianship, access, support and the division of property. Once the judge has come to a decision, he or she will make a court order - essentially, a set of directions that the couple will be required by law to follow.
Family law cases are heard by both the Provincial Court and the BC Supreme Court. Because their responsibilities overlap in some areas - including custody, guardianship, access and support - many couples will find that they have a choice: they can go to either court. In other cases, such as divorce or the division of property, one court only - the Supreme Court - is responsible. (Usually, if a married couple goes to the Supreme Court for a divorce, they will ask that court to settle other issues as well, such as custody or support - but we recommend you talk to a lawyer to find out which court is most appropriate for you.
A Family Justice Counsellor can also provide you with information about the courts. The Legal Services Society’s family law website has a self-help kit for applying for an initial family order that contains a useful description of the differences between the two courts.
If you and your spouse agree that you want a divorce - and you either have no other issues to settle or you have signed and filed a separation agreement with the court - you can obtain your divorce without entering a courtroom or hiring lawyers to act on your behalf. For more information about uncontested divorce, please see the Legal Services Society's on-line divorce self-help kit and the booklet (also available on-line) called Do-It-Yourself Divorce in B.C..
In other circumstances, such as:
- you and your spouse agree that you want a divorce, but haven't been able to agree on other issues, such as where the children will live or who will pay support
- you and your spouse do not agree that you want a divorce (or you agree that you don't want one), and haven't been able to agree on other issues, such as where the children will live or who will pay support, or
- you and your spouse were not married, but need the Supreme Court to determine the division of property and other issues, such as where the children will live or who will pay support
this section of the Family Justice web site may help. It describes the steps you will need to take to obtain a Supreme Court order for divorce, custody, guardianship, access, child or spousal support, or the division of property.
For more information about Provincial Court proceedings, please see our section If You Go to Provincial Court. For more information about applying to the Provincial or Supreme Court to settle other issues, please talk to a lawyer.
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