Where Do You File for Divorce in Surrey? (It's Not the Surrey Courthouse)
By SiLaw Group Family Lawyers · Published Sep 27, 2026 · 5 min read
Author: SiLaw Group Family Lawyers
Published: Sep 27, 2026
If you live in Surrey and want a divorce, you file in the Supreme Court of British Columbia, not at the Surrey courthouse on 57 Avenue. For most Surrey families, that means the New Westminster Law Courts at 651 Carnarvon Street, the nearest Supreme Court registry. The Surrey courthouse is a Provincial Court location and cannot grant a divorce.
This surprises a lot of people. Surrey is one of the biggest cities in the province, and it has a large, busy courthouse. So why does your divorce file end up in another city? Here is how the court system is set up, where your paperwork actually goes, what it costs to file, and how you can file without leaving home.
Why can't the Surrey courthouse grant a divorce?
Divorce is federal law. Under section 8(1) of the Divorce Act, only a "court of competent jurisdiction" may grant a divorce, and section 2(1) of the Act defines which court that is in each province. For British Columbia, it is the Supreme Court of British Columbia. No other court in the province can legally end a marriage.
The courthouse at 14340 57 Avenue in Surrey is a Provincial Court location. The BC government's official courthouse directory lists it as Provincial Court only. It has a family registry and handles some family matters, but a divorce order is outside its authority. If you bring divorce papers to the 57 Avenue registry, staff cannot accept them, because there is no Supreme Court registry in that building.
Which registry do most Surrey residents use?
The New Westminster Law Courts sit at 651 Carnarvon Street, on Begbie Square in downtown New Westminster. The courthouse directory lists it as home to both the Provincial and Supreme Courts. For most Surrey addresses it is the closest Supreme Court registry, just across the Fraser River.
Nothing in the rules forces you to file at the registry nearest your home. Supreme Court registries also operate in the region at Vancouver, Port Coquitlam, Abbotsford and Chilliwack. Most Surrey families still choose New Westminster because it is close, and because the registry you file in is where your court file lives afterward. If you want a feel for the area around the courthouse, see our New Westminster page.
Can you file for divorce in BC at all?
Before you worry about which registry, check that BC is the right province. Under section 3(1) of the Divorce Act, a court in a province can hear a divorce only if you or your spouse has been habitually resident in that province for at least one year immediately before the case starts. If you have lived in Surrey for a year or more, you meet this test even if your spouse lives elsewhere.
What do you file, and what does it cost?
A divorce case in the Supreme Court is called a family law case. To start one on your own, you file a Notice of Family Claim in Form F3 (Supreme Court Family Rules, Rule 4-1(1)). If you and your spouse agree on everything, you can instead start a joint family law case together under Rule 2-2. Our post on joint versus sole divorce applications in BC explains how to choose between the two.
Court fees are set by Appendix C of the Supreme Court Family Rules. Under Schedule 1, Item 1 of Appendix C, the fee for starting a family law case in the Supreme Court is $200. Two relief valves are worth knowing about:
- If you file a certificate of mediation in Form F100 showing you tried mediation with a qualified mediator (or that a mediator decided mediation was not appropriate), the filing fee for the Notice of Family Claim does not apply (Appendix C, Schedule 1, section 2(2)).
- If paying court fees would cause undue hardship, or you receive certain income or disability assistance benefits, you can ask the court to order that no fees are payable (Rule 20-5).
Fee amounts change from time to time, so check the current schedule before you file.
Can you file online instead of driving to New Westminster?
Yes. The BC courts accept electronic filing through Court Services Online, the province's e-filing service. Many Supreme Court family forms, including divorce documents, can be submitted this way. Appendix C, Schedule 1, section 3 of the Supreme Court Family Rules sets a fee of $7 for each document package transmitted through the service, in addition to the normal filing fees.
For a lot of Surrey residents, this is the practical answer to the headline question: your divorce is "filed in New Westminster," but you may never need to stand in line there.
What happens after you file?
Filing is step one. Your spouse must then be served with the filed Notice of Family Claim, and they have 30 days after service to respond (Rule 4-3(1)). If they agree with everything or do not respond, an uncontested divorce can usually proceed on paperwork alone, without a hearing. If they contest it, the case moves through the court process until the issues are resolved. Our divorce in BC overview walks through the whole path from separation to final order.
Do you need a lawyer to file for divorce?
No law requires it, and many people with simple, agreed divorces file on their own. It becomes worth getting advice when there is property to divide, children, support claims, a missing or uncooperative spouse, or any doubt about whether BC is the right place to file. Mistakes at the filing stage can cost months.
SiLaw Group Family Lawyers is based in Surrey and appears regularly at the New Westminster registry, so we deal with this exact route every week. If you want the filing handled correctly the first time, or just a second set of eyes on your forms, our Surrey divorce lawyers can help at whatever level you need, from full representation to limited-scope advice.
This post is legal information, not legal advice. Court locations, rules and fees are current to the date of writing and can change.
About SiLaw Group
SiLaw Group Family Lawyers is a Surrey, BC firm practising family law and mediation. Founder Sandy Sihota is an accredited Family Law Mediator, Arbitrator and Parenting Coordinator (Law Society of BC). Articles are legal information, not legal advice.