Divorce and Separation
Table of Contents
Navigating Divorce and Separation in British Columbia
Divorce and separation can be emotionally challenging experiences. As lawyers who specialize in family law, we understand the complexities involved in these life-changing events and are here to assist you in navigating your separation.
Grounds for Divorce
In the province of British Columbia, you can get a divorce from your spouse if one of the following factors can be established:
- you and your spouse have lived separate and apart from each other for at least one year before the determination of the divorce proceeding and both of you were living separate and apart when you started the divorce proceeding;
- during the marriage your spouse committed adultery; or
- during your marriage, your spouse treated you so badly, either physically or mentally, that it became impossible for you both to keep living together.
1) One Year Separation
There is also no such thing as a “legal separation” in BC. You do not have to start legal proceedings or sign any documents to be considered separated from your spouse.
In BC, the courts have said that if one spouse wants to separate, all they have to do is communicate their intention to separate from their spouse and do something consistent with that intention to separate.
Separation does not have to be mutual.The other spouse does not have to agree to the separation.
In Tam v. Li, 2022 BCSC 1412, at paragraph 9, the Supreme Court of BC said that “a spouse must communicate their intention to live separate and apart to the other spouse. The communication can be verbal or it can be through conduct that demonstrates the settled intention in a convincing manner”.
When deciding whether or when two spouses separated, the court will consider the following factors:
- Financial Interdependence – the extent to which the spouses rely on each other financially. This includes sharing expenses and the continued use of a joint account.
- Living Arrangements – whether the spouses continued to live together or physically separated. Although, the spouses can live together while they separated.
- Objective Evidence Lifestyle and Interactions – the court looks at tangible evidence of how the spouses lead their lives. This includes shared vacations, joint activities, and their interactions with one another.
- Family Events and Social Events – whether the spouses attended family events, social and public events together, and whether they held themselves out as a couple during those events and to friends and family.
- Intimacy and Personal Sharing – whether the spouses engaged in sexual relations, including fidelity, and continued to share personal information.
- Expressed Intentions – statements made by either spouse regarding their intention to continue the relationship or terminate it.
2) Adultery or Cruelty
If you seek a divorce due to adultery or cruelty, you must provide evidence to the court that it is more likely than not that your spouse committed these acts during the marriage.
However, it is often simpler and more advantageous to obtain a divorce based on the grounds of living separate and apart for more than a year. From a legal perspective, pursuing a divorce based on adultery or cruelty typically offers no additional benefits.
Uncontested Divorce
An uncontested divorce in British Columbia occurs when both spouses agree to end their marriage and have resolved all separation-related matters, such as property division, parenting arrangements, and support payments. This streamlined process avoids trials or judicial decisions on disputed issues.
Typically, the parties negotiate a separation agreement, which is then filed with the court. The divorce is obtained through a desk order, where signed documents are submitted, reviewed by a judge, and the divorce is granted without a court appearance.
Contested Divorce
In contested divorces, spouses cannot agree on separation issues, often due to family violence, financial secrecy, or differing parenting approaches. Litigation becomes necessary, involving court appearances where a judge decides family and financial matters.
Unfortunately, contested proceedings are lengthy and costly, with family lawyers in BC charging $225 to $650 per hour. Some spouses opt for self-representation to save costs, but the complexities make it challenging. Having an experienced family lawyer is crucial for navigating family law intricacies and achieving favorable outcomes.
Get Timely Legal Advice
At Khaki Law, we understand the unique challenges that individuals and families face when dealing with legal issues related to marriage, separation, and children. We are here to provide you with compassionate support, expert legal advice, and dedicated representation to guide you through every step of the legal process.
We understand that every family is unique. Our approach is tailored to your specific needs, providing personalized solutions that address your concerns.
Family stuff is personal. We are not just lawyers – we are human beings who understand the emotions that come with it.