British Columbia · Supreme Court

Filing a notice of family claim (Form F3) in BC Supreme Court.

In about 6 minutes, this page sets out what a notice of family claim is, what the rules require to be filed with it, how it must be served, how long it stays in force, and the deadlines that start running once it is served. Each step is tied to the Supreme Court Family Rule that sets it.

The key steps and deadlines
  1. The claimant files a notice of family claim in Form F3 (Rule 4-1 (1)).
  2. The filed copy is served on each respondent by personal service: left with the person by a non-party who is at least 19 (Rules 4-1 (2), 6-3 (1) (a), 6-3 (2) (a)).
  3. Each respondent then has 30 days after being served to file and serve a response in Form F4 (Rule 4-3 (1)).
  4. Where support or property is claimed, the claimant's Form F8 is due within 30 days after service of the claim (Rule 5-1 (11) (a)).
  5. If a respondent has not been served, the notice stays in force for 12 months unless the court renews it (Rule 4-2).

Rules current to October 27, 2026 (Supreme Court Family Rules, B.C. Reg. 169/2009, as amended). Last reviewed November 2, 2026.

What this page does not do.

It describes what the Supreme Court Family Rules provide. It does not advise which court to file in, what to claim, how to word a claim, or whether to start a case at all. It is legal information, not legal advice, and it does not create a lawyer–client relationship.

On this page

  1. What it is
  2. What goes with it
  3. Serving it
  4. How long it lasts
  5. What happens next
  6. Common problems, stated neutrally
  7. Questions people actually ask
  8. Where this comes from
Step one

1What a notice of family claim is.

In the Supreme Court of British Columbia, most family cases start with a pleading, not an application. Rule 3-1 (1) makes the notice of family claim the default starting document; a few special situations (joint cases, petitions) are carved out.

Supreme Court Family Rules, Rule 3-1 (1)

“Except for those special situations referred to in subrules (2.1) to (2.4), (4.1), (4.4), (4.5) and (4.7) of this rule, every family law case must be started by filing a notice of family claim under Rule 4-1.”

Supreme Court Family Rules, Rule 4-1 (1)

“To start a family law case other than a family law case referred to in Rule 3-1 (2.1), (2.2), (2.3) (b), (2.4) or (4.1), a person must file a notice of family claim in Form F3.”

The person who files it is the claimant: Rule 1-1 (1) defines a claimant as “a person who has filed a notice of family claim under Rule 4-1”. The people named to answer it are the respondents.

Form F3 here is not the Provincial Court Form 3.

Supreme Court family forms carry an F prefix. Supreme Court Form F3 is the Notice of Family Claim; Provincial Court Form 3 is the Application About a Family Law Matter, under different rules in a different court.

Step two

2What the rules require alongside it.

  1. Rule 4-5 (2)The first person to file a document claiming divorce or nullity must file a certificate of the marriage, or of registration of the marriage, with that document, unless the document sets out why it is not being filed and states it will be filed before trial or before an application for divorce or nullity, or sets out why filing one is impossible, and the registrar is satisfied with the reasons. The rule attaches to whichever document first claims divorce or nullity, which may be a notice of family claim or a counterclaim.
  2. Rule 5-1 (11) (a)Where the claim brings in Rule 5-1 (child support, spousal support, or property under Part 5 of the Family Law Act), a claimant who must provide a Form F8 financial statement files and serves it within 30 days after service of the document in which the claim is made, or another period the court orders.

The Form F8 timing has its own page: the Form F8 in a Supreme Court case →

Step three

3Serving the notice of family claim.

Filing alone does not bring the other party into the case. Service does, and for this document the rules require personal service.

Supreme Court Family Rules, Rule 4-1 (2)

“After filing a notice of family claim, the claimant must serve a copy of the filed notice of family claim on each of the persons named as a respondent in the notice of family claim (a) by personal service in accordance with Rule 6-3 (2), or (b) if the court makes an order under Rule 6-4 (1) allowing service by an alternative method, by that alternative method.”

  1. Rule 6-3 (1) (a)A notice of family claim is on the list of documents that must be served by personal service, unless the court orders otherwise.
  2. Rule 6-3 (2) (a)Personal service on an individual is effected by having a person who is not a party and who is at least 19 years of age leave the document with the individual.
  3. Rule 6-4 (1)If personal service is impracticable, or the person cannot be found after a diligent search or is evading service, the court may, on application without notice, permit an alternative method of service.
  4. Rule 6-6 (1) (a)Service of a notice of family claim is proved by filing an affidavit of personal service in Form F15, or by the person served filing a response to family claim.
The service date is the date the next clocks count from.

The 30-day response period (Rule 4-3 (1)), the 30-day counterclaim period (Rule 4-4 (2)) and the Form F8 periods in Rule 5-1 (11) all run from service, not from filing.

Step four

4How long a notice of family claim stays in force.

Supreme Court Family Rules, Rule 4-2 (1)

“An original notice of family claim does not remain in force for more than 12 months, but if a respondent named in a notice of family claim has not been served, the court, on the application of the claimant made before or after the expiration of the 12 months, may order that the original notice of family claim be renewed for a period of not more than 12 months.”

Rule 4-2 (2) allows a further renewal of not more than 12 months, on an application made while the renewed notice is still in force. Rule 4-2 (3) provides that a renewal period begins on the date of the order unless the court orders otherwise.

Step five

5What the rules set in motion.

  1. Rule 4-3 (1)Each respondent has 30 days after being served to file a response to family claim in Form F4 and serve it.
  2. Rule 4-4 (2)A respondent who wants to make claims of their own files a counterclaim in Form F5 within the same 30 days.
  3. Rule 9-1 (1) (b) (i)The claimant serves a list of documents in Form F20 on a party within 35 days after being served with that party's response.
  4. Rule 7-1 (2)In the ordinary course, no notice of application or supporting affidavit may be served until a judicial case conference has been held, unless an exception applies.

The response to family claim (Form F4) →

Watch out for

Common problems, stated neutrally.

  1. Confusing Form F3 with Provincial Court Form 3: different courts, different rules, different documents.
  2. Treating service as informal: Rule 6-3 (1) (a) requires personal service of a notice of family claim, and Rule 6-3 (2) (a) requires a non-party at least 19 years old to leave it with the person.
  3. Not recording the service date: the 30-day periods in Rules 4-3 (1), 4-4 (2) and 5-1 (11) run from it, and Rule 6-6 (1) (a) proves it by affidavit in Form F15.
  4. Letting an unserved claim go stale: under Rule 4-2 (1) it does not remain in force more than 12 months unless renewed by the court.
  5. Overlooking the marriage certificate on a divorce claim: Rule 4-5 (2) requires it with the first document claiming divorce or nullity, unless reasons the registrar accepts are given.
  6. Missing the claimant's own Form F8 deadline: Rule 5-1 (11) (a) runs 30 days from service of the claim.
FAQ

Questions people actually ask.

What form starts a family case in the BC Supreme Court?

Rule 3-1 (1) of the Supreme Court Family Rules provides that, except for certain special situations, every family law case must be started by filing a notice of family claim under Rule 4-1. Rule 4-1 (1) provides that the notice of family claim is in Form F3.

How must a notice of family claim be served?

Rule 4-1 (2) requires the claimant to serve a copy of the filed notice of family claim on each respondent by personal service under Rule 6-3 (2), or by an alternative method if the court orders one under Rule 6-4 (1). Rule 6-3 (2) (a) provides that personal service on an individual is effected by having a person who is not a party and who is at least 19 years of age leave the document with the individual.

Can I serve the notice of family claim myself?

Rule 6-3 (2) (a) provides that personal service on an individual is effected by having a person who is not a party, and who is at least 19 years of age, leave the document with the individual. A party is therefore not the person who effects personal service under that rule.

How long is a notice of family claim valid?

Rule 4-2 (1) provides that an original notice of family claim does not remain in force for more than 12 months, but if a respondent has not been served the court may, on the claimant's application, renew it for up to 12 months. Rule 4-2 (2) allows a further renewal of up to 12 months.

Do I file a marriage certificate with the notice of family claim?

Rule 4-5 (2) requires the first person to file a document claiming divorce or nullity to file a certificate of the marriage or of registration of the marriage with that document, unless the document sets out reasons it is not being filed (and states it will be filed later) or why filing one is impossible, and the registrar is satisfied with those reasons.

When is the claimant's Form F8 due?

Rule 5-1 (11) (a) provides that where the disclosure obligation arises because of a claim the disclosing party made, the documents are filed and served within 30 days after service of the document in which the claim is made, or another period the court orders.

Official sources

Where this comes from.

  1. 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
  2. Supreme Court Family Rules, Parts 1 to 9: Rules 1-1, 3-1, 4-1, 4-2, 4-3, 4-4, 4-5, 5-1, 6-3, 6-4, 6-6, 7-1, 9-1 — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_01
  3. Supreme Court Family Rules, Appendix A: Form F3 Notice of Family Claim, Form F4, Form F5, Form F15 — https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/169_2009_04
  4. Province of British Columbia, Supreme Court Family Rules forms (Form F3 and the other F-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 determine which court or route a case belongs in or what relief 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.

Next step

Keep going.

Next: The response to family claim (Form F4)

Once a notice of family claim is served, the next step belongs to the respondent: a Form F4 response within 30 days, and a counterclaim if they have claims of their own.

Read: The response to family claim (Form F4) →

← How a BC Supreme Court family case works · Response to family claim (Form F4) →

The Supreme Court family process, in order

  1. How a BC Supreme Court family case works
  2. Notice of family claim (Form F3) (this page)
  3. Response to family claim (Form F4)
  4. Counterclaim (Form F5) and response (Form F6)
  5. Financial statement (Form F8)
  6. Judicial case conference (Form F19)
  7. Interim applications (Rule 10-6)
  8. Documents and examinations for discovery
  9. Settlement conference (Rule 7-2)
  10. Case planning conference (Part 7.1)
  11. Setting a family trial (Part 14)