8 Essential Things to Know Before Filing for Divorce in British Columbia
Marriage is meant to be until death do us part, but sometimes, due to certain issues, it can come to an end, thereby making a couple to seek divorce. Divorce in itself comes with many financial, legal, and emotional complexities, so you must be well prepared for it.
In British Columbia [BC], both federal and provincial laws, such as the Family Law Act (BC) and the Divorce Act (Canada), control the divorce process. Comprehending these regulations and the diverse procedures before initiating the divorce process is crucial. Being knowledgeable can make the divorce process go more smoothly, whether you are filing for an uncontested or contested divorce. Here’s everything you need to know before filing for divorce in British Columbia.
- What is your ground/s for divorce?
One of the essential questions you must ask yourself before filing for divorce is: What are your grounds for the divorce? In Canada, including BC, the legal ground for divorce is the marriage breakdown. Common grounds include separation for at least one year, adultery, or cruelty. Evidence of living separately and apart within the same home is required. If one spouse has committed adultery, immediate divorce can be filed. If one spouse exhibits physical or mental cruelty towards the other, making it unfavorable to continue living together, it may also be grounds for immediate divorce. Understanding these grounds helps determine the timing and strategy for filing.
- You must meet specific residency requirements.
To avoid legal complications, to file for divorce in British Columbia, one must have lived in the province for at least one year before filing, even if the spouse lives outside the province.
- The type of divorce: is it contested or uncontested?
In British Columbia, divorces can be contested or uncontested. Uncontested divorces involve agreement on major issues like child custody, property division, and spousal support, making it faster and less costly. Contested divorces, on the other hand, involve disagreements on key issues, requiring more court involvement and longer timelines. The choice depends on amicability and dispute resolution.
- How do you intend to divide your marital property?
Property division is another essential aspect of divorce that you must fully comprehend. The Family Law Act in British Columbia ensures equal distribution of family property and debts acquired during the marriage, including family homes, vehicles, bank accounts, investments, and business interests, excluding excluded property like inheritances or gifts.
- Child custody and support
The Divorce Act and Family Law Act in British Columbia prioritize the well-being of children in divorce proceedings. The Federal Child Support Guidelines decide parenting arrangements and child support based on the paying parent’s income and the number of children. These guidelines ensure the child’s basic needs are met.
- Spousal support
Spousal support, or alimony, is awarded depending on marriage length, financial needs, and roles. It aims to support the lower-earning spouse financially and ensure an unbiased financial arrangement post-divorce. It can be contentious and settled through negotiation or mediation.
- The divorce application process
It is also crucial to understand how to file for divorce in BC. After your divorce documents are ready, like the Notice of Family Claim, you can file your divorce application at the Supreme Court of British Columbia. In uncontested cases, the process can be pretty straightforward—submit the paperwork and wait for approval, and you won’t even need to appear in court! Contested divorces usually involve more formal court proceedings.
- Understand the costs
Divorce costs in BC vary based on contested or uncontested status, legal fees, court filing fees, and timelines. Uncontested divorces are less expensive, while contested cases can be costly.
Final thoughts
Divorce in British Columbia requires understanding the grounds for divorce, residency requirements, and whether it is contested or uncontested. It is advisable to seek legal advice or mediation services to ensure a smooth and efficient process.
