Divorce
Whether you were married in Canada or abroad, the Supreme Court of British Columbia can grant you a divorce. If you and your spouse have minor children, the Court must be satisfied there are reasonable arrangements in place for them before they will grant you a divorce.
There are three possible grounds for a Court to grant a spouse a divorce in Canada:
The husband and wife have been living separate and apart for at least one year;
There has been adultery; or
There has been cruelty.
The most common ground for obtaining a divorce is where spouses have lived separate and apart for more than one year. This does not mean that you must be living in separate houses. Spouses often must remain living in the same house for financial reasons. Living “separate and apart” can mean living separate lives in the same residence. While it is possible to obtain a divorce for adultery, or physical or mental cruelty these methods are very rare and costly. Most people in British Columbia obtain a divorce on the basis they have been living separate and apart for at least one year.
There is no requirement to appear in Court for a divorce. If you and your spouse agree on how you want to divide family property or debt, and how the children will be cared for, a judge can grant a divorce without anyone appearing in court. This is called a “Desk Order Divorce”.
If you and your spouse cannot agree on how much child support should be paid and how the children will be cared for, you may need to work with a mediator or appear in court.
If you obtain a Divorce without dividing the family property and determining any spousal support, you have two years from the date you obtain a Divorce to make a claim for family property and spousal support.
Our firm can help with every step of the divorce process from simple desk order divorces to complicated asset division and high conflict parenting situations. We pride ourselves on providing excellent legal representation in a cost-effective way.
Separating from a spouse can be the most stressful experience in someone’s life. Whether you are thinking about separating or have already separated, it is crucial to discuss your rights and obligations with an experienced family lawyer. Spouses who are married can separate from their spouse but will need to obtain a divorce to end their legal relationship. People who have been living together in a “marriage like relationship” for more than two years are also considered “spouses” but do not need to obtain a legal separation to end their relationship.
Separation
Spouses are deemed to be “separated” when they are no longer living in a marriage like relationship. It’s possible to still be separated even if you are still living in the house. When spouses are living separate lives, they are considered living “separate and apart”. Common law spouses who separate have two years from the date they separate to make a claim for property division and spousal support. Spouses who are married have two years from the date they obtain a divorce in order to make a claim for property division and spousal support. It is important not to delay in acting on your rights and to make a claim as soon as you separate. Our experienced Apna Law family lawyers can help you understand your legal rights before and after you separate.