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In This Volume

  • 88 A spouse may make an application to the Supreme Court under this Division at any time before a final agreement or final order is made in relation to a family law dispute respecting property division.

2011-25-88, effective March 18, 2013 (B.C. Reg. 131/2012).


Certificate of Pending Litigation May Be Filed

Note s. 215(6) of the Land Title Act which provides:

215 (6) A party to a proceeding for an order under the Family Law Act respecting the division of property may register under this section a certificate of pending litigation in the prescribed form in respect of any estate or interest in land the title to which could change as an outcome of the proceeding.

Family Law Agreements Respecting Property Division, Form 33

The director has approved two versions of Form 33 for registering a certificate of pending litigation in family matters. Proceedings commenced after the coming into force of the Family Law Act (March 18, 2013) must use Form 33 (Family Law Act). Proceedings to enforce, set aside or replace an agreement respecting a property division made before March 18, 2013 and proceedings respecting a property division started under the Family Relations Act must use Form 33 (Family Relations Act). The use of Form 33 is compulsory.


On the Form 17 Charge, Notation or Filing, select Nature of Interest, Certificate of Pending Litigation, and attach an image of the Form 33 and originating process.

The Certificate of Pending Litigation receives preliminary examination prior to receiving an application number, date and time.