Uncontested vs Contested Divorce Cost in BC

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

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Here is what we can tell you honestly about divorce costs in BC. A simple uncontested desk order divorce with our firm is a $2,200 flat fee plus GST and PST (as of August 2026), with court filing fees separate. If you need the issues settled and recorded first, a separation agreement runs between $900 and $8,000 plus GST and PST. A contested divorce is billed hourly, and there is no honest way to quote a total at the outset. Any lawyer who gives you a firm number for contested litigation at the first meeting is guessing.

This post explains why the gap between those two paths is so wide, what sits inside each figure, and where the money actually goes.

Why an uncontested divorce can be a flat fee

A flat fee is only possible when the scope of work is knowable in advance. An uncontested divorce is exactly that. Both spouses agree on everything, or there is nothing left to resolve, so the file is a defined set of documents: prepare the claim, arrange service, wait out the response period, then file the desk order package for a judge to review. No hearings to attend, no positions to argue, no surprises that change the size of the job.

That is why we can tell you the price before we start: $2,200 plus GST and PST for a simple desk order divorce, as of August 2026. You know the number, and the number does not move.

What is not in the flat fee: court filing fees

Court filing fees are payable to the court registry and are separate from legal fees, whoever your lawyer is. They apply at the filing stages of the case, and the current amounts are set out in the court's own fee schedule, which is worth checking before you file. When we quote our flat fee, we tell you this up front so the total holds no surprises.

The separation agreement: $900 to $8,000 plus GST and PST

Many couples are close to agreement but need the deal negotiated, papered and signed before the divorce can proceed uncontested. Our fee for a separation agreement is between $900 and $8,000 plus GST and PST, and where a file lands in that range depends on how much there is to resolve. An agreement for a short marriage with no children and simple finances sits at one end. An agreement dealing with parenting arrangements, support, pensions, a business or real property, with real negotiation between lawyers, sits at the other.

We recommend this path deliberately. A thorough agreement is what keeps a divorce on the uncontested track, and it is far cheaper than paying trial lawyers to litigate the same issues.

Why nobody can honestly quote a contested divorce

Contested litigation is billed hourly, and the total depends on how much work the conflict generates. That is not something anyone can know at a first meeting. It depends on how many issues stay in dispute, how the other side conducts the file, how much disclosure is fought over, and how many court applications it takes before the case settles or is decided. A lawyer controls their hourly rate; nobody controls how long the fight lasts.

So the biggest cost driver in a divorce is not the lawyer's rate card. It is the level of conflict. Two files with identical assets and identical children can end up with wildly different bills, because one pair of spouses settled early and the other litigated everything. Every issue that comes off the table shrinks the bill, at any stage, which is why a contested file that settles part way through still costs less than one that runs to the end.

If you want to understand the moment a file tips from one track to the other, we cover it in when an uncontested divorce turns contested.

Mediation: the middle path for your wallet

Where spouses disagree but both want out of the fight, mediation usually costs a fraction of contested court. A neutral mediator helps you settle the issues directly, the result goes into an agreement, and the divorce can then finish as an uncontested desk order at the flat fee. For couples who disagree but want to stay out of a courtroom, this is the money-smart sequence: mediate, paper the agreement, file uncontested. Our complete divorce guide shows where each of these steps fits in the wider process.

Frequently asked questions

How much does an uncontested divorce cost in BC?

With our firm, a simple uncontested desk order divorce is a $2,200 flat fee plus GST and PST, as of August 2026. Court filing fees are separate and are paid to the court registry. Because the fee is flat, you know the full legal cost before any work begins.

How much does a contested divorce cost in BC?

There is no honest number to give you. Contested divorces are billed hourly, and the total depends on how many issues stay in dispute and how hard they are fought. Any lawyer who quotes you a confident total for contested litigation at the first meeting is guessing, and you should treat the number accordingly. What we can tell you is that the level of conflict, not the hourly rate, is what drives the final bill.

Are court filing fees included in the flat fee?

No. Court filing fees are charged by the court registry and are separate from legal fees at any firm. Check the current court fee schedule before you file so the whole cost picture is in front of you.

Is a separation agreement worth paying for?

Usually, yes. At $900 to $8,000 plus GST and PST depending on complexity, a separation agreement is a bounded, predictable cost that settles the issues in writing. The alternative, leaving issues unresolved, is what pushes files into open-ended hourly litigation. The agreement is also what lets the divorce itself proceed uncontested at the flat fee.

Get a real answer about your own numbers

The honest way to estimate your divorce cost is to look at your actual situation: what is agreed, what is not, and what it would take to close the gap. That is a conversation we have every week, and 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.