When filing paperwork for a divorce you will need to include your original marriage certificate. It will not be returned to you unless you specifically request it before or after filing your papers.
Before filing for your divorce
Joint filing, Form F1
If you are filing jointly with your spouse, then you can include an order to return your marriage certificate in your Notice of Joint Family Claim Form F1 in section 10 “Other”.
- Write the following: "The original [country] marriage certificate to be returned to [full name] after the divorce is granted."
- Example: "The original Canadian marriage certificate to be returned to Jane Jo Smith after the divorce is granted."
Sole filing, Form F3
In sole filings, you can include the order for the return of your marriage certificate in your Notice of Family Claim F3 with Schedule 5 – Another Order in the “The Claimant’s claims” section.
- At the end of Schedule 5, you need to select the last box that says, "other orders". There is no need to include the "authority under which the order is sought".
- Write the following: "The original [country] marriage certificate to be returned to [full name] after the divorce is granted."
- Example: "The original Canadian marriage certificate to be returned to Jane Jo Smith after the divorce is granted."
Final Order, Form F52
In both joint and sole filings, you will have to draft a Final Order in Form F52. This form should include the order for divorce as well as any other orders that were requested on the form F1 or F3. To do this, when you set up the form you will answer "yes" to option #4, "Does this order include an Order for Divorce?" and option #5, "Does this order include terms for other orders?"
Under option #6, "How many order terms are there?" select the number 1 if you are only asking for the return of the original marriage certificate. If you have any other claims on the F1 or F3 beyond the divorce itself, then please indicate the total number of order items required, including the order term regarding the marriage certificate.
When the form is generated, it will provide the number of order terms you requested. In one of the empty numbered boxes, write: "The original [country] marriage certificate to be returned to [full name]."
For more information on how to set up a Final Order (Form F52), please see our Legal Knowledge Base entry: Draft a final order for an undefended divorce.
After filing for your divorce
If you did not request the return of your marriage certificate before filing your paperwork with the registry then you can request its return using a Notice of Application Form F31, supported by an Affidavit Form F30. The application materials may be filed electronically and processed as a desk order.
Sometimes leave is given to file divorce paperwork without a marriage certificate. The registry cannot create new marriage certificates and can only return one if they are in possession of it.
- Supreme Court family forms - BC Government
- Plain text Supreme Court family forms - BC Laws
- Supreme Court Registrar's Newsletter - BC Supreme Court