Separating is not a single legal event. In British Columbia you are separated as soon as one of you makes it clear the relationship is over and acts on that decision, even if you are both still living in the house. No form is filed and no judge is involved at that stage.
A divorce is different. It is a court order that ends a marriage, it applies only to married spouses, and it usually comes last. Before granting one, the court needs to see that the marriage has broken down, almost always shown by a year of separation, and that reasonable child support arrangements are in place.
Most of the real work sits between those two points: who lives where, how the children’s time is shared, what support is paid and how property and debt are divided. We help you settle those questions in an order that makes sense for your circumstances, then take care of the divorce application once you are eligible.
What we help with
- Advice in the first weeks after separation, including shared accounts, the family home and the children’s routine
- Negotiating and drafting separation agreements
- Uncontested divorces decided on paper in BC Supreme Court
- Contested divorces where parenting, support or property are in dispute
- Independent legal advice when your spouse has proposed an agreement
- Divorces where the marriage took place outside Canada
How it usually works
- 01
Get advice early
A short meeting soon after separation can prevent serious mistakes, such as moving money, changing the children’s schedule without agreement, or signing something you do not fully understand.
- 02
Exchange financial information
Both spouses have a legal duty to disclose their income, assets and debts. Nothing sensible can be agreed until that information is on the table.
- 03
Resolve the issues
Most couples settle through negotiation or mediation and record the result in a separation agreement. Where that is not possible, the issues go to court.
- 04
Apply for the divorce
Once a year has passed since separation and the other issues are dealt with, we file the divorce application. Uncontested applications are decided without anyone appearing in court.
Related services
- Separation AgreementsA written agreement that settles parenting, support, property and debt without a trial.
- Division of Property & DebtDividing the home, pensions, savings, businesses and debt under the Family Law Act.
- Child SupportGuideline amounts, shared parenting, special expenses, income disputes, changes and arrears.