All outstanding issues in a contested divorce have been settled. How do I let the court know?
Before granting a divorce for a previously contested family matter, the court may ask you for confirmation that all other claims between the parties have been settled. You can provide this confirmation with a settlement statement.
What is a settlement statement?
A Settlement Statement is a short statement of fact that is filed after all the outstanding issues in a contested divorce matter have been settled, except for the order for divorce itself. This statement saying you solved all your issues is required under the definition of “undefended family law case” in Rule 1-1(1)(e) of the Supreme Court Family Rules. A contested divorce is where you and your spouse want to get divorced but can’t agree on some issues.
A settlement statement is not a court form and does not cost anything to file. It is also not a "settlement agreement" because it doesn’t say any of the details of the settlement. Both parties (or their counsel) will need to sign the statement.
If a couple is already filing an Affidavit, they can include the settlement statement as a clause or exhibit in the Affidavit. Both parties will need to sign the Affidavit.
If you have a specific question for your local BC Supreme Court registry about what they’ll accept when you file your divorce forms, you can make an appointment to speak to registry staff using the Virtual Counter. Please note that they can’t help you fill out your forms or give legal advice.
What to include in a settlement statement
If you are creating a separate settlement statement, you would generally include:
- the style of cause (the file number, party names, registry location and court registry information that is on the first page of every filed document);
- a statement that confirms that all claims of the parties, other than a claim for divorce, have been settled; and
- signatures and dates signed by both parties or their lawyers.
You can view an example of a Settlement Statement by visiting a Courthouse Libraries BC location during our open hours to use CLE Online’s Course Materials collection. Find the sample in the handout materials for the course “Family Law Basics for Paralegals and Legal Support Staff 2024.”
Helpful resources
- Supreme Court Family Rules Forms (Government of British Columbia): This page includes all the Supreme Court Family forms, as fillable PDFs, for a family law case.
- Family Law Deskbook (Continuing Legal Education Society of British Columbia): This detailed manual is available to use onsite on computers and in hard copy at Courthouse Libraries across BC.
- Family Law in BC (Justice Education Society): This website has a wide range of family law information from basic fact sheets to self-help kits and sample court forms.
Helpful services
- Family duty counsel: These are family lawyers who may be available at your courthouse to provide free legal advice or other help.
- Amici Curiae (AC) Friends of Court: Their volunteers can help with completing court forms. Book an appointment on their website.
- Courthouse Libraries BC: We are a network of libraries in BC courthouses where you can access public computers, books and other print materials, and subscription legal databases. Reach us at 1-800-665-2570 or email librarian@courthouselibrary.ca.
- Find more services.