Separation and Divorce in BC: You Are Not Alone
If you are undergoing a separation and divorce in BC or even contemplating separation or divorce, you are not alone. Every year, thousands of couples file for divorce in British Columbia. At the same time, thousands more are at various stages of separating from their spouse and attempting to work out property division, parenting arrangements, child support, spousal support and more.
Separation
In BC, there really is no such thing as a “legal” separation in the way many people perceive it. On a high level, you are considered separated if you or your spouse have decided to separate, have communicated this intention to separate, and have taken some kind of action to further this intention to separate. It is possible for you and your spouse to continue to live under the same roof, but still be separated.
Sometimes people confuse ‘separation’ with a formal Separation Agreement. Being separated does not mean that you have dealt with and resolved all the issues arising from the breakdown of your relationship. You can be separated and still have not divided property, income or resolved parenting issues. Further, you can be separated but still reside in the same home.
A Separation Agreement, on the other hand, is a formal agreement entered into by spouses who have already separated (or are contemplating separation) that sets out how various financial, property and parenting matters will be settled.
Your date of separation is important and here’s why. Your date of separation can come into play in one form or another in various aspects of your family law case. For example, your date of separation will matter when it comes time to apply for a divorce. In most cases, you and your spouse need to be separated for at least a year before a judge will grant you a divorce.
Further, your date of separation may determine what assets are family assets subject to division and may even impact the value assigned to an asset for division. On a similar note, the separation date may determine which debts are family debts. Finally, your date of separation may impact you differently depending on whether you and your spouse are married or unmarried, particularly with respect to limitation periods. For example, your marital status will impact how long you have to apply for spousal support.
Divorce
A divorce is the termination of your legal marriage which takes place after the separation of married spouses. While you may date and move in with someone after separation, you must be divorced before you can remarry. Only married people can get a divorce.
Obtaining a divorce in Canada is independent of the settling of all other matters arising from the breakdown of your marriage, such as property division, support and parenting arrangements. Typically, a divorce is obtained after all other matters have been finalized. However, a Divorce Order will start the clock running for various limitation periods. For example, a person will only have two years from the date of divorce to make a claim against his or her spouse’s property in BC.
In Canada, we have ‘no fault’ divorce. Therefore, even if your spouse committed some wrongdoing such as adultery or domestic violence, while this experience may provide a ground for divorce, the wrongdoing in and of itself does not necessarily impact your entitlement to most corollary relief such as property division. However, on a separate note, violence in a relationship may impact issues such as guardianship and parenting time.
The Problem You Face
Separation and divorce in BC can have a profound impact on people’s lives. The financial and emotional stressors can be overwhelming for many, and those with children can feel an even greater burden.
Moving Forward
The first step to successful resolution is becoming informed with accurate legal information. Congratulations, you are taking this step by reading this article! Call us today and learn more about your options: 604-560-6825. Divorce happens. We help you through it.
