Although the breakdown of marriages is more common today than it was several decades ago, for many who go through it, it remains an emotionally challenging and complicated process. In Canada, separation and divorce are governed by federal laws and laws specific to each province. In this article, we explore the main stages and considerations involved in divorce and separation in British Columbia.
Jurisdiction
To apply for divorce in British Columbia, you or your spouse must have lived in BC for at least a year before filing the divorce application.
Married and Unmarried Spouses
In British Columbia, you do not need to be married to be a “spouse” under the law. You are a “spouse” if you are or were married, or were not married but lived in a “marriage-like relationship” for at least two years. If you were not married you do not need to get a divorce, but you can still ask the courts to make decisions about any disputes arising from your relationship, such as those relating to property division, financial support and parenting of children.
Grounds for Divorce
A court can grant you a divorce if you or your spouse were married and have lived separate and apart from each other for at least a year. You do not need to prove that your spouse was at fault in some way for the breakdown of the relationship. However, a court can grant you a divorce before a year of separation has elapsed if you can show that your spouse committed certain acts that led to the breakdown of the marriage, such as adultery or physical or mental cruelty. Most people who file for divorce, however, do so on a no-fault basis. You do not need to wait a full year after separation to file the divorce proceeding, but a court cannot grant you a final order of divorce on the basis of separation until the separation has lasted at least a year.
Family Issues
In most cases, before a court will grant a final divorce order, the court has to be satisfied that the parties have reached a fair settlement of the usual financial and parenting issues that spouses have to address when their marriage ends. These issues typically include division of property, child support, spousal support, parenting time and parenting responsibility. If the spouses have not already agreed on how to resolve these issues before filing a divorce application, they will need to resolve them by negotiation, mediation, or litigation. The courts encourage parties to resolve these issues as amicably as possible through negotiation and mediation, as doing so is far less expensive and psychologically draining than going to court and asking a judge to determine how these issues should be resolved.
Agreements
Spouses who are able to resolve their family issues amicably through negotiation or mediation often enter into written separation agreements. These agreements set out how the spouses have agreed to divide their property, to distribute child support and spousal support, and how they will apportion parenting time, parenting responsibility and decision-making between them. Once spouses sign the agreement, they can file it with the court to show that they have resolved their other family issues before seeking a final order of divorce.
Getting Advice and Representation
During a divorce, getting legal advice or representation from a family lawyer can help you protect your rights, reach a fair resolution of any unresolved family issues you have with your spouse, and reduce the stress of this often emotionally difficult process. If you or someone you know is facing a divorce or relationship breakdown, feel free to contact us. We would be happy to assist.