The word divorce conjures images of a difficult, emotionally charged period at the end of a couple’s marriage. Even the most amicable divorce may prove challenging, and the intricacies involved will vary across different regions in Canada.
This article will explore the divorce process in British Columbia, and how it differs from divorce elsewhere in the country.
Overview of the Divorce Process in British Columbia
The divorce process is governed by provincial law. Here is an overview of divorce for BC residents.
Grounds for Divorce
A divorce may be granted if you meet one of the following criteria: separation for a minimum of a year, adultery, or physical or mental cruelty. BC law does not require that both parties agree to the divorce or assign fault to one party. Instead, the focus lies on the breakdown of the marriage and not placing blame on one individual.
Filing for Divorce
Either spouse can initiate the process in British Columbia by filing a Notice of Family Claim in the Supreme Court. The one who files the petition will be referred to as the “Claimant,” while the other spouse shall be the “Respondent”. The grounds for divorce along with information regarding the marriage, children, and property, are included in that document.
In British Columbia, assets acquired during marriage are normally divided equally between the spouses, though there are some exceptions that apply, particularly if equal division would be unfair or the asset was a gift or inheritance. Assets brought into a marriage by each party are generally considered excluded property and not subject to division.
Waiting Period
The process can be initiated at any time, but the divorce will not be granted until the parties have been separated for one year or more. This is to give both parties adequate time to consider the full impact and implications of the divorce and allows for the possibility of a reconciliation. Under certain exceptional circumstances, however, this waiting period may be waived.
Child Custody and Support
The welfare of children is always a primary concern in any divorce case. The court in British Columbia will focus on the best interests of the child(ren) when determining custody and parental access, though child support guidelines are set federally and make both parents responsible for the child’s financial well-being. British Columbia’s Family Law Act encourages both parents to work together to work out the details of the parenting plan.
Spousal Support
Spousal support depends on several factors, including the financial situation of each spouse, their contributions during marriage, and the length of marriage. Spousal Support Advisory Guidelines assist BC courts in determining the amount of support.
Property Division
In British Columbia, assets acquired during marriage are normally divided equally between the spouses, though there are some exceptions that may apply, particularly if equal division would be unfair, or when one spouse brought significantly greater assets to the marriage.
Separation Agreement
A Separation Agreement is a legally binding contract that states the rights of each party and the obligations that they have to one another after the breakdown of their relationship.
Separation Agreements deal with a variety of issues. Some of the most common stipulations in Separation Agreements include:
- Arrangements for children – parenting, guardianship, custody and access
- Child support
- Spousal support
- Property division
- Debt allocation
Differences In British Columbia’s Divorce Process Compared to Other Provinces
Although there are certain commonalities between divorce in BC and the rest of Canada, the process is governed at a provincial level. Here are some ways that BC differs from other provinces:
Family Law Act
As suggested by the name, BC’s Family Law Act governs family law matters, including divorce. The goal of the Act is to promote a collaborative, child-centred approach in which spouses try to resolve disputes through mediation, negotiation, and other similar methods.
Equalization of Family Property
In British Columbia, assets acquired during the marriage are normally divided equally between the spouses, though there are some exceptions that apply, particularly if equal division would be unfair or the asset was a gift or inheritance. Assets brought into a marriage by each party are generally considered excluded property and not subject to division.
Alternative Dispute Resolution
The province of British Columbia is committed to reducing the adversarial nature of divorce proceedings by encouraging amicable resolutions that rely on collaborative law and mediation.
Divorce Process in British Columbia
Although the basics of divorce are consistent across the country, British Columbia focuses on a divorce process that involves not just legal procedures, but also emotional considerations, with a fair and child-centred approach. BC’s legal framework and the Family Law Act place emphasis on alternative dispute resolution, setting it apart from many other provinces.
For more information on divorce in British Columbia, contact Hillside Law today.
