Category: Divorce in BC

Blogs and articles relating to divorce law in British Columbia. Providing answers to frequently asked questions about divorce, separation, doing an uncontested divorce, and filing for divorce.

What is a Legal Separation Agreement?

/ Mark-John

So you and your partner have decided to separate, what’s next? There is no legal action that you must take to separate from your spouse. However, if you and your former spouse have significant assets or debts, there is a substantial difference in your incomes, or you have children together, you may find it beneficial to deal with all or some of these issues by way of an agreement. We refer to this type of agreement as a separation agreement.

The Family Law Act is the law which governs separation in British Columbia for married spouses in all cases and unmarried spouses in some cases (i.e. couples living together in a marriage-like relationship for two years or more and couples who have children together).

Should you and your partner not be able to agree on such issues as; property division, spousal support, child support, or parenting then you may want to consider mediation or collaborative divorce to help resolve those issues.  Going to court to resolve outstanding issues should be a last resort, as going to court is expensive and adversarial.

Note that while a separation agreement can settle most matters, it does not cause you to be divorced and you must apply to the courts for a divorce order. For more information on the difference between divorce and separation, please see the article, “Divorce vs. Separation – What is the Difference?”.

We hope this article helps answer your question “What is a Legal Separation Agreement?”. Should you have any questions or require help with drafting a separation agreement, please contact us at 604-449-7779.

Divorce vs. Separation – What is the Difference?

/ Mark-John

You may have heard the terms “divorce” and “separation” and wondered whether they are one in the same or how they are different. You may be wondering whether you need to get a divorce and whether you already separated. This article “Divorce vs. Separation – What is the Difference?” aims to clear up the confusion by breaking down the legal differences between each term.

 What is a Divorce?

A divorce is the legal process that terminates a marriage. If a divorce is granted you will receive a certificate recognizing the divorce. A divorce is only available to married couples. To get a divorce, there must be legal grounds for it. The most common grounds on which to file for a divorce is living separate and apart for one year or more from your partner or spouse.

If your relationship ended over a year ago but you have continued living in the same residence for economic reasons, you may still be able to apply for a divorce. When applying for a divorce, you can apply for other orders such as property division, spousal support, child support, and custody. You must file your application with the Supreme Court of BC, which can be done either solely by yourself or jointly with your ex-spouse if you agree on all the terms of the divorce. If you file solely, be prepared for your ex-spouse to contest your application. Should this happen, we recommend that you seek legal help.

What is a Separation?

Separation refers to when you start living separate and apart from your partner or spouse. A separation is the legal term for the end of a relationship. It is the prelude to a divorce if married or if you are living together, the end of the relationship. It applies equally to married couples and common law spouses. The date of separation is the date you started living separate and apart from your partner or spouse. This is usually when one partner communicated to the other, their intention to end the relationship. Despite common belief, you don’t actually have to take any other steps to become separated. However, we recommend preparing a separation agreement if you and your ex have significant assets or debts, there is a substantial difference in your incomes, or you have children together.

If you and your ex cannot agree on the terms of your separation, you may use the services of a mediator to help facilitate an agreement or apply to the courts for a decision. For more information on mediation, please visit our page “Family Mediation”. To find out more about separation agreements, please see our article “What is a Legal Separation Agreement?”.

 Why get a divorce?

You may be wondering why bother to get a divorce if you have already separated from your married partner or spouse.  You must get a divorce if you are planning to remarry. You cannot get married if you are still legally married to someone else. Otherwise, it is not necessary to get a divorce. However, some people find that it helps bring a sense of finality to the relationship so that both ex-spouses can more easily move on with the next stages of their lives.

We hope this article helps answer your questions “Divorce vs. Separation – What is the Difference?”. Should you have any questions or require help with applying for a divorce or drafting a separation agreement, please contact us at 604-449-7779.

If I paid the down payment on the house from money I had before the relationship started, do we have to split the family house equally in the case of separation or divorce?

/ Mark-John

People often wonder in the case of separation what happens to the family home if one spouse contributed money they had before the relationship to the purchase of the family home. They wonder if their down payment on the family home will be divided when they separate or divorce or if it will be excluded from the division of family property.
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How to File for Separation in BC

/ Mark-John

Your relationship has ended and you wish to separate. You may be wondering how to file for separation in BC.

Live Separate & Apart

Well in BC there is no legal requirement to file for separation with a court. Separation is a question of fact. Are you living separate and apart from your spouse? If the answer is yes I am living a separate life from my spouse, then you are separated. Living separate does not necessarily mean that you are living in a different home than your spouse. It does however mean that you are staying in different rooms, and are not living as a couple. You must be living two separate lives, even if you are in the same house. There is no legal requirement to file for separation in BC to indicate that you are separated. Continue reading →

How to Divorce

/ Mark-John

How to divorce is an important question when you wish to terminate your marriage.

Obtain a Court Order

In answer to the question, how to divorce: in order to get a divorce you will need to obtain an order from a judge granting you the divorce.

You may now be wondering how to get this order from a judge granting you the divorce. In British Columbia you would file completed court forms with the Supreme Court of B.C. seeking an order for divorce. The preliminary court form filed with the Supreme Court is called a Notice of Family Claim.
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How to File for Divorce

/ Mark-John

One of the first questions I am asked as a lawyer is how to file for divorce. The answer is, it depends. Are you filing for an Uncontested Divorce or Contested Divorce?

An Uncontested Divorce, often referred to as a “Bench Order Divorce” or “Desk Order Divorce,” is commenced when all outstanding issues arising out of the marriage have been resolved and the only order sought is that of divorce. This type of filing for divorce is preferred as it is not adversarial, faster and a lot cheaper. In order to go through this divorce process all outstanding issues resulting from the marriage such as, child guardianship, child support, spousal support, property division etc. have to be dealt with prior to filing for divorce.
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