Do I Need a Lawyer to Separate or Divorce in British Columbia?
There is no legal requirement to hire a lawyer for a separation or divorce in British Columbia. However, due to the long-term consequences and legal hurdles often involved in relationship breakups, you may find it helpful to seek legal assistance.
A qualified family lawyer will protect your rights, help you cover all the key details when you separate or divorce, and ensure you meet all your legal responsibilities. Your lawyer can also help draft a legally binding agreement that covers the essential terms of your separation or divorce.
If the divorce matter heads to court, which happens in some contested divorces, a divorce lawyer can also help you navigate the necessary legal procedures.
Here’s what else you need to know about hiring a lawyer when you separate or divorce in BC.
Is there “legal separation” in British Columbia?
“Legal separation” is a term used in some states south of the border, but not in Canadian family law. There is no such thing as legal separation in British Columbia, so there are no court appearances or forms to fill in to separate here.
You should, however, note the date that you separate and retain evidence that proves you have separated because your divorce cannot generally be finalized by the court until a one-year separation period has elapsed.
The date of separation may also affect your rights to division of property/debt and support.
Why should I make a separation agreement?
A separation agreement, if properly drafted, is a legally binding document that can outline essential financial and family/parenting matters when you separate from your partner or spouse.
Some of the benefits of drafting a separation agreement include:
- Keeping your matter out of court, which saves time and costs
- Simplifying the divorce process so that it is uncontested rather than contested
- Specifying rights and obligations in a contract can help both partners follow through with what they commit to verbally
The court can help enforce the commitments made in separation agreements if they are not followed.
Do I need a separation agreement to get divorced?
There is no legal requirement in British Columbia to draft a separation agreement when you and your spouse or partner separate.
However, if you have children, the court will need to see that adequate financial measures have been taken to meet their needs before a divorce can be granted. If the agreement also covers issues like support and property division, you remain in control of these decisions rather than having them ordered by the court.
A valid separation agreement is often an effective way to avoid disputes when preparing for life apart. The document can prevent confusion and clarify the terms under which they begin living separately, which can save time, money, and stress.
If we need a separation agreement, should I hire a lawyer?
If you and your partner decide on a separation agreement, hiring lawyers will ensure that it is a comprehensive and fair document with nothing important omitted.
Whether or not you hire a lawyer to draft your agreement, before signing the document, both partners should seek independent legal advice to ensure that nothing conflicts with their interests.
Sometimes, the lawyer of one spouse prepares the agreement while the lawyer of the other spouse checks it before it’s signed.
Once you sign the document, it becomes legally binding and court-enforceable. The immediate and long-term effects can be life-changing, so getting this process right is essential.
Does a separation agreement need to be notarized in BC?
No, a separation agreement in British Columbia does not need to be notarized, but it’s crucial to involve a family law lawyer. Notaries in BC cannot practice family law or witness signatures on separation agreements. Instead, seeking independent legal advice ensures that the agreement is not only valid but also tailored to your specific circumstances.
Relying on a homemade separation agreement can cause issues down the line, especially since most banks will not approve financing for a home based on such an agreement. Legal guidance helps ensure your agreement is enforceable and recognized by financial institutions.
Working with a family law lawyer is essential for protecting both parties’ interests and securing a solid, legally binding agreement.
How can I arrange a divorce in BC without a lawyer?
Family lawyers can assist with the entire divorce process or just parts of it, like checking a separation agreement before it is signed. The more complex the divorce, the greater help a lawyer can be.
However, some uncontested divorces require no court hearings and progress relatively smoothly throughout the family court system—with or without lawyers.
If you’re fortunate enough to agree on all the major issues with your spouse, you may be able to arrange a DIY divorce with no court hearing. Here’s what you’ll need to do…
- Confirm that all key issues have been covered: child custody/parenting, child support, spousal support, and property division.
- Gather all the relevant documents: including your marriage certificate, a copy of your separation agreement (if you have one), and any relevant court orders.
- Accurately complete the relevant forms: a sole desk order divorce requires a Notice of Family Claim (Form F3) and a Registration of Divorce Proceedings form. A joint divorce requires a Notice of Joint Family Claim (Form F1) and a Registration of Divorce Proceedings form.
- File the first round of documents and pay the fees: three copies of the forms should be taken to a nearby BC Supreme Court Registry and the applicable court filing fees paid (currently $210).
- Serve the divorce application on your spouse (unless you filed a joint application): one copy of the divorce papers must be personally served on your spouse by someone at least 19 years of age other than you (usually a friend, relative, or a professional process server).
- After 30 days, if there is no response, apply for a divorce order by submitting an Affidavit — Desk Order Divorce (Form F38), a Child Support Affidavit (Form F37) if you have dependent children, a Requisition (Form F17), a Certificate of Pleadings (Form F36), and a draft Final Order (Form F52). A lawyer or notary must commission your Affidavits.
- Pay the final round of filing fees (currently $80) and await a judge to sign the order
If everything meets the requirements and the judge is satisfied that adequate provisions have been made to meet the children’s needs, the Judge will sign the divorce. If further information is required, a court appearance may be necessary.
Remember, independent legal advice is advisable before you sort out parenting arrangements, support issues, and/or the division of property. Always consult with a qualified divorce lawyer before signing any divorce settlement documents.
DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with a family lawyer in Langley today.
At DSG Family Law, we are pleased to offer a free consultation to discuss the particulars of your family’s situation. During this no-obligation meeting, you can share your concerns and goals with one of our experienced lawyers. We understand that every family’s circumstances are unique, and we want to ensure that we can provide you with the best guidance tailored to your specific needs.
In addition to the free consultation, we also offer Flat Fees for Uncontested Divorces and agreements. This transparent pricing structure allows you to have a clear understanding of the costs involved upfront, ensuring no surprises along the way.
DSG Family Law is committed to providing you with strategic & compassionate guidance for all your family law needs, with clear solutions to complex matters.
Schedule your consultation today, and let us take the first step towards finding the best solutions for you and your family.
