Counterclaim (Form F5) and response to counterclaim (Form F6).
In about 3 minutes, this page sets out how a respondent brings claims of their own in a BC Supreme Court family case: what Rule 4-4 allows, the filing and service deadlines, who must be served personally, and how the counterclaim is answered.
- File the counterclaim in Form F5 within 30 days after being served with the notice of family claim (Rule 4-4 (2)).
- Within 30 days of that service, serve the filed counterclaim on all parties by ordinary service (Rule 4-4 (4) (a)).
- Within 60 days, serve it with the notice of family claim by personal service on anyone not yet a party who is claimed against (Rule 4-4 (4) (b)).
- A person served with a counterclaim files and serves a Form F6 response within 30 days after being served (Rule 4-4 (5)).
- The counterclaim can proceed even if the claimant's claim is stayed, discontinued or dismissed (Rule 4-4 (7)).
Rules current to October 27, 2026 (Supreme Court Family Rules, B.C. Reg. 169/2009, as amended). Last reviewed November 2, 2026.
It describes what the Supreme Court Family Rules provide. It does not advise whether to bring a counterclaim, what to claim, or how to respond to one. It is legal information, not legal advice, and it does not create a lawyer–client relationship.
1What a counterclaim is.
“In addition to filing a response to family claim under Rule 4-3, a respondent may bring one or more of the following against the claimant:”
The list that follows includes a claim under the Divorce Act, a claim under the Family Law Act, a claim for a FHRMIRA order, a claim for annulment of marriage, certain unjust enrichment and trust claims arising out of a marriage-like relationship, and related claims. Under Rule 4-4 (3), if a counterclaim's claims also relate to another person, the respondent may name that person as a respondent to the counterclaim.
2Filing the counterclaim.
A party named as a respondent must file a counterclaim in Form F5 within 30 days after being served with the notice of family claim.
If the counterclaim is the first document in the case to claim divorce or nullity, Rule 4-5 (2) requires the marriage certificate (or a statement of reasons the registrar accepts) to be filed with it.
3Serving the counterclaim: two deadlines.
“A respondent who files a counterclaim must, (a) within 30 days after being served with the notice of family claim, serve a copy of the filed counterclaim by ordinary service on all parties, and (b) within 60 days after being served with the notice of family claim, serve a copy of the filed counterclaim and a copy of the filed notice of family claim by personal service in accordance with Rule 6-3 (2) on any person who is not yet a party to the family law case but against whom a claim is made in the counterclaim.”
- Rule 6-3 (1) (c)A counterclaim served on a person who has not yet filed a pleading is one of the documents that must be served personally.
- Rule 6-6 (1) (b)Service of a counterclaim on a person who has not filed a pleading is proved by an affidavit of personal service in Form F15, or by that person filing a response to counterclaim.
4The response to counterclaim (Form F6).
“To respond to a counterclaim, the claimant and any other person named as a respondent to the counterclaim must, within 30 days after being served, (a) file a response to counterclaim in Form F6, and (b) serve a copy of the filed response to counterclaim on all parties.”
A person not yet a party who was served under Rule 4-4 (4) (b) and who does not file a response to counterclaim is not entitled to receive notice of any part of the family law case.
A respondent's counterclaim may proceed even though the claimant's claim has been stayed, discontinued or dismissed.
Rule 9-1 (1) (b) (iii) sets 35 days after serving a response to counterclaim for that party's list of documents, unless it has already been served.
Common problems, stated neutrally.
- Putting new claims in the response: Rule 4-4 (2) requires a separate counterclaim in Form F5.
- Missing the 60-day limb: Rule 4-4 (4) (b) requires personal service, with the notice of family claim, on a person not yet a party who is claimed against.
- Using ordinary service where personal service is required: Rule 6-3 (1) (c) lists a counterclaim served on a person who has not filed a pleading.
- Overlooking the response to counterclaim: the claimant has 30 days after being served to file and serve a Form F6 (Rule 4-4 (5)).
- Overlooking the marriage certificate where the counterclaim is the first document claiming divorce (Rule 4-5 (2)).
Questions people actually ask.
How long does a respondent have to file a counterclaim in BC Supreme Court?
Rule 4-4 (2) of the Supreme Court Family Rules provides that a respondent must file a counterclaim in Form F5 within 30 days after being served with the notice of family claim.
How is a counterclaim served?
Rule 4-4 (4) requires the respondent, within 30 days after being served with the notice of family claim, to serve the filed counterclaim by ordinary service on all parties, and within 60 days, to serve the filed counterclaim and the filed notice of family claim by personal service on any person who is not yet a party but against whom the counterclaim makes a claim.
How long is there to respond to a counterclaim?
Rule 4-4 (5) provides that the claimant and any other person named as a respondent to the counterclaim must, within 30 days after being served, file a response to counterclaim in Form F6 and serve it on all parties.
What if the claimant discontinues their claim?
Rule 4-4 (7) provides that a respondent's counterclaim may proceed even though the claimant's claim has been stayed, discontinued or dismissed.
Where this comes from.
- Supreme Court Family Rules, B.C. Reg. 169/2009, consolidated (table of contents) — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_00
- Supreme Court Family Rules, Parts 1 to 9: Rules 4-4, 4-5, 6-3, 6-6, 9-1 — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_01
- Supreme Court Family Rules, Appendix A: Form F5 Counterclaim, Form F6 Response to Counterclaim, Form F15 — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_04
- Province of British Columbia, Supreme Court Family Rules forms — https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms
This page provides general legal and procedural information for British Columbia. It describes what the Supreme Court Family Rules provide. It does not advise whether to counterclaim or what to claim. It is not legal advice. Rules and forms are amended; always confirm the current requirements against the Supreme Court Family Rules before acting. Rule text on this page was checked against B.C. Reg. 169/2009 as consolidated on BC Laws, current to October 27, 2026 (last amended October 1, 2026 by B.C. Reg. 105/2026). Last reviewed November 2, 2026.
Keep going.
Once the pleadings are in, financial disclosure runs on its own clock under Rule 5-1, and the Form F8 is the document at its centre.
Read: The Form F8 financial statement →← Response to family claim (Form F4) · Financial statement (Form F8) →
The Supreme Court family process, in order
- How a BC Supreme Court family case works
- Notice of family claim (Form F3)
- Response to family claim (Form F4)
- Counterclaim (Form F5) and response (Form F6) (this page)
- Financial statement (Form F8)
- Judicial case conference (Form F19)
- Interim applications (Rule 10-6)
- Documents and examinations for discovery
- Settlement conference (Rule 7-2)
- Case planning conference (Part 7.1)
- Setting a family trial (Part 14)