Separating from a spouse in British Columbia is hard, and the many myths about separation can make it even more confusing. As family lawyers in Vancouver, we hear the same questions from clients again and again when they first start the separation process. Below, we answer the most common myths about separation in BC, so you can understand your rights and plan your next steps.
Myth 1: “We need to file paperwork to be separated in BC.”
No. In BC, you do not need to file anything with the court to be separated. Separation begins when at least one spouse decides the relationship is over and starts living as though it is over. You do not need to sign formal papers to “make it official.” What matters is the intention to separate and how both spouses act from that point on.
Even so, it is a good idea to keep a record of your separation date. For example, you can send your spouse a short email or letter saying the relationship is over. Your separation date can affect property division, support, and when you can apply for divorce.
Myth 2: “We can’t be separated if we’re still living together.”
False. Under BC’s Family Law Act, you can be separated while living in the same home. Many couples stay under the same roof after separating for financial or parenting reasons. The key question is whether you are living separate lives. Signs of this include:
- Sleeping in different rooms
- Handling your money separately
- No longer cooking, eating, or doing social activities together as a couple
- Telling family and friends that you have separated
If you are separated under one roof, writing down your separation date and how you are living apart can help if the date is ever questioned later.
Myth 3: “If I prove adultery, I don’t need to deal with property or support.”
Not quite. Adultery does not change how property, parenting, or support are decided in BC. Adultery or cruelty can be grounds for divorce, but they do not remove the need to resolve parenting arrangements, child support, spousal support, or division of property and debt. These issues are dealt with under BC’s Family Law Act and, for married spouses who divorce, the federal Divorce Act.
BC has a “no-fault” approach. In most cases, the reason the relationship ended does not affect how family property is divided or how support is calculated.
Myth 4: “We have to go to court to be separated.”
False. Most separations in BC are resolved without going to court. Couples often use negotiation, mediation, or collaborative family law to reach agreement on parenting, property, and support. These agreements are often written into a separation agreement.
Resolving things outside of court is usually faster, less expensive, and less stressful, especially for children. Court is usually a last resort when other methods do not work.
Myth 5: “Separation automatically means divorce.”
Not true. Separation and divorce are two different legal steps. Separation happens when you and your spouse start living separate lives. A divorce legally ends a marriage, and only a court can grant it.
You can stay separated without ever getting divorced, for example if neither spouse plans to remarry. In most cases, a court will only grant a divorce after spouses have been separated for at least one year. The exception is adultery or cruelty, but these grounds must be proven and are rarely used. Also note that common-law (unmarried) couples do not need a divorce at all, because they were never legally married.
Myth 6: “Common-law partners have no rights in BC.”
False. In BC, many common-law partners have the same property and support rights as married spouses. Under the Family Law Act, if you lived together in a marriage-like relationship for at least two years, you are usually treated as a spouse for property division and spousal support. Child support and parenting rules apply to all parents, whether they were married, common-law, or never lived together.
Why Your Separation Date Matters
Your separation date is important in BC for a few reasons:
- Property and debt: Property and debt that one spouse gets after the separation date is usually not shared as family property or family debt.
- Divorce: The one-year waiting period for divorce starts from your separation date.
- Time limits: Unmarried spouses usually have two years from the date of separation to start a claim for property division or spousal support. Married spouses usually have two years from the date of their divorce order.
Missing these time limits can mean losing your right to make a claim, so it is wise to get legal advice early.
Frequently Asked Questions About Separation in BC
How long do you have to be separated before divorce in BC?
In most cases, you must be separated for at least one year before a court will grant a divorce. You can start the divorce application before the year is over, but the divorce will not be granted until the full year has passed.
Can we try to get back together without restarting the separation period?
Yes. In most cases, you can live together again for up to 90 days in total to try to reconcile without restarting the one-year period for divorce.
Do we need a separation agreement?
A separation agreement is not required to be separated, but it is strongly recommended. A clear written agreement about parenting, support, property, and debt can prevent disputes later. Each spouse should get independent legal advice before signing.
Do I need a lawyer to separate in BC?
You are not required to have a lawyer, but separation can affect your home, your money, and your children for years to come. A family lawyer can explain your rights, help you avoid costly mistakes, and make sure any agreement is fair and enforceable. You can also find free legal information on Clicklaw.
Talk to a Family Lawyer in Vancouver
If you are thinking about separation or have recently separated, our family lawyers can help you understand your options and protect your interests. Contact us today to book a consultation.
This article provides general information only and is not legal advice. Every situation is different. Please speak with a lawyer about your specific circumstances.