How do I do a joint divorce if my ex-spouse lives in a different city or country?

Last reviewed November 2025 by the Clicklaw editors

Getting a divorce in British Columbia involves submitting paperwork as either a joint application (starting with Form F1) or a sole application (starting with Form F3).

If the divorce is uncontested and you both agree on all the major issues, you can file a joint application with all the forms without having to wait 30 days after serving papers, which is required with a sole application.

A joint application requires the following forms to be completed and filed with a BC Supreme Court registry:

  • Form F1 — Notice of Joint Family Claim
  • Registration of Divorce Proceedings (This must be dated the same day you’ll file Form F1. You must file these two forms plus the original marriage certificate at the same time.)
  • Form F38 — Affidavit — Desk Order Divorce
  • Form F37 — Child Support Affidavit (if relevant)
  • Form F35 — Requisition
  • Form F36 — Certificate of Pleadings
  • Form F52 — Final Order

Can one party file all the forms for both parties?

Yes, but that doesn’t mean the other party can do nothing, the way they could with a sole application. They’ll need to have their signature witnessed on certain forms, or in some cases, they might choose to file their own copy of a form.

From the list above, some forms may need to be signed by both parties. These are:

  • Form F1 — Notice of Joint Family Claim. (Signatures aren’t needed if submitted electronically.)
  • Form F35 — Requisition. (Signatures aren’t needed if submitted electronically.)
  • Form F52 — Final Order

An affidavit needs to be sworn by both parties:

  • Form F38 — Affidavit — Desk Order Divorce
  • Form F37 — Child Support Affidavit. (However, only one person needs to fill out this form if it contains both parties’ incomes.)

Getting affidavits sworn when one of them lives in a different city or country can make joint applications trickier. If you wish, you can each fill out your own copy of the form, and file them separately or have one spouse file both copies. Note: If you were planning to get Form F38 sworn before filing Form F1, only one of you can do so. See the court’s Family Practice Direction 17 (PDF) for more information.

We still want to do a joint application. How do we move forward?

If it’s still more convenient to do the application jointly, there are some options beyond coming together in person to file the documents.

Before one spouse can file the forms at a BC courthouse registry, those that require both parties’ signatures need to have been signed by the absent party, and for affidavits, in the presence of a notary or similar official where they reside. This could mean mailing the documents to the spouse in a different city, province, or country, having the affidavits sworn there, and then waiting for them to be mailed back to be filed and sworn by the spouse in BC. The registry will not accept a photocopied or scanned signature. The person filing at a BC courthouse registry can have their affidavits sworn by a commissioner at the registry.

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.

Some additional options that might be helpful during your legal journey:

  • Fax filing:
    • You’ll need to confirm if your registry accepts fax-filed documents, and whether they’ll accept affidavits (that have been signed and sworn) by fax.
    • The BC Government has a page on how to file by fax, which includes a link to the locations that accept documents by fax.
    • A marriage certificate from a foreign jurisdiction can’t be filed by fax.
  • Filing online using Court Services Online:
    • You can e-file your forms to help reduce some of the friction of having one party file in person, although affidavits will still require witnessed signatures.
  • If your divorce is fairly simple, you may be able to generate finished versions of the forms you need using the Online Divorce Assistant. You’ll have to decide how to deal with the signatures and filing afterward.

Can I sign electronically or remotely?

At the moment in BC, electronic signatures aren’t accepted on affidavits or orders. For spouses in BC, there may be an exception, but it's a complicated process. See the Electronic Transactions Act and Rule 22-4(6) of the Supreme Court Family Rules.

Another option to consider is swearing an affidavit remotely, by videoconference, with a BC-based notary public who can perform this service. Please note, this is still considered a physical signature and not an electronic signature.

Helpful resources

Helpful services

  • Family duty counsel: These are family lawyers who may be available at your courthouse to provide free legal advice or other help.
  • Unbundled legal services (People’s Law School): This website explains how you can hire a lawyer to help with parts of your family law matter (rather than the whole file). It includes a directory of lawyers offering unbundled services in BC.
  • 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.