Joint vs Sole Divorce Application in BC: Which to File

Author: SiLaw Group Family Lawyers
Published: Sep 21, 2026

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Short answer: an uncontested divorce in BC can start one of two ways. In a joint application, you and your spouse file a Joint Family Claim together, nobody is served, and there is no response period. In a sole application, one spouse files a Notice of Family Claim, has it personally served on the other, and waits out the 30 days a spouse served in Canada has to respond. Both routes lead to exactly the same place: a desk order divorce granted by a judge who reviews the documents without a hearing. The right route depends on how well you and your spouse can cooperate, whether safety is a concern, and practical questions like where each of you lives.

This post is about that choice. For what an uncontested divorce is and costs, see our uncontested divorce service page; for the wider process, our complete divorce guide.

Two routes, one destination

Only the BC Supreme Court can grant a divorce, and whichever way you start, the legal requirements are the same. There is a single ground for divorce, breakdown of the marriage (Divorce Act, s. 8), and most uncontested divorces establish it through one year of living separate and apart. At least one spouse must have been habitually resident in British Columbia for at least one year immediately preceding the proceeding (s. 3(1)).

Because no one is opposing the divorce, the case finishes in writing under Rule 10-10 of the Supreme Court Family Rules: a requisition in Form F35 and a divorce affidavit in Form F38 go to a judge, who reviews the package in chambers and can grant the order without anyone attending court. Our step-by-step desk order divorce guide walks through that paperwork in detail.

So the joint vs sole question is not about which divorce you get. It is about how the case begins and what has to happen before the desk order package can be filed.

The joint application: filing together

In a joint application, both spouses are claimants on the same Joint Family Claim. You are asking the court for the divorce together, so there is no one on the other side of the case.

That single fact removes two steps:

• Nobody is served. Personal service exists to make sure a respondent knows about a claim brought against them. In a joint application there is no respondent, so there is nothing to serve and no process server to arrange.
• There is no response period. With no served respondent, there is no 30-day window to wait out. Once your documents are complete, the desk order package can be prepared.

The trade-off is cooperation. A joint application needs both spouses to sign the claim and supporting materials and stay responsive until the order is granted. If one spouse stops participating, the case stalls.

The sole application: filing alone

In a sole application, one spouse files a Notice of Family Claim naming the other as respondent. The respondent spouse does not have to agree, sign anything, or take part at all.

Two rules then shape the early timeline:

• Personal service is required. Under Rule 6-3 of the Supreme Court Family Rules, the Notice of Family Claim must be personally served on the respondent: someone who is not a party and is at least 19 years old physically leaves the documents with them. Ordinary mail, registered mail, email, and fax do not count, and you cannot serve the documents yourself. A process server usually handles it and swears an affidavit of service.
• The respondent gets 30 days. A spouse served in Canada has 30 days to file a Response to Family Claim (Rule 4-3). If nothing is filed, the case is undefended and proceeds by desk order.

A sole application does not mean the divorce is contested. It only means one person is driving the paperwork. Where the spouses have already settled everything, or the respondent simply does not engage, it finishes as an undefended desk order divorce.

How to choose: cooperation, safety, and geography

Cooperation level. If you and your spouse are on workable terms and both want the divorce done, a joint application is usually the simpler route: no service, no response period, and no one cast as the opposing party. If communication is strained, or you doubt your spouse will sign documents promptly, a sole application lets you move the case forward on your own schedule.

Safety. Where there has been family violence, intimidation, or controlling behaviour, a joint application is often the wrong fit, because it depends on ongoing contact and joint decision-making from filing to final order. A sole application lets you proceed without negotiating each step, and if personal service itself is unsafe or impractical, the court can be asked to order substituted service by another method. This is a conversation to have with a lawyer early.

One spouse abroad. Geography cuts both ways. If your spouse lives overseas and is cooperative, a joint application can be attractive because there is no need to arrange personal service in another country. If your spouse is abroad and unresponsive, a sole application is the realistic route, and service outside Canada takes planning: the method and the response deadline depend on where they are, which we can confirm for your situation.

Children. Whichever route you file, the court has the same duty: before granting the divorce, it must satisfy itself that reasonable arrangements have been made for the support of any children of the marriage, having regard to the applicable child support guidelines, and if such arrangements have not been made, the granting of the divorce is stayed until they are (Divorce Act, s. 11(1)(b)). A joint application does not soften that review, and a sole one does not escape it.

Frequently asked questions

Is a joint divorce application faster than a sole one?

It removes two stages, service and the 30-day response window, so where both spouses cooperate it usually involves fewer steps before the desk order package can be filed. The rest of the timeline is the same for both routes. We break the whole thing down in our post on how long an uncontested divorce takes in BC.

Does a sole application mean my divorce is contested?

No. Contested means the spouses disagree on one or more issues. A sole application simply means one spouse started the case. If the respondent files no Response to Family Claim within 30 days of being served in Canada, the case is undefended and finishes by desk order, the same as a joint application.

Can we file jointly if we have not agreed on everything yet?

A joint application suits spouses who agree on all issues or have nothing left to resolve. If parenting, support, or property questions are still open, resolve them first, through negotiation or mediation, and record the result in a separation agreement. Then the divorce itself can proceed uncontested by either route.

What if my spouse refuses to sign or participate?

File a sole application. Your spouse's cooperation is not required: once the Notice of Family Claim is personally served and the 30 days pass without a response, the divorce can proceed without them. See our 5-step guide to getting divorced in BC for how the filing and service steps work.

Talk it through before you file

The joint vs sole decision is usually clear within a short conversation about your circumstances. SiLaw Group handles simple uncontested desk order divorces, joint or sole, for a flat fee of $2,200 plus GST and PST (as of August 2026), with court filing fees separate. The first 30 minutes are free, in English or Punjabi.

Book a free consultation or call (778) 381-9977.

This post is legal information, not legal advice.