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Your Divorce & Legal Separation

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Maybe the time has come for you and your spouse to consider separation and divorce. 

There is a significant distinction in BC Law as to separation and divorce. 

Under BC family law, separation is defined as when a couple that has been in a relationship chooses to live independently of each other. This does not always mean that the parties have to be living in different homes. It is possible, albeit not easy, for parties to live separate and independent whilst under the same roof. Separation does not require the parties to apply to courts, rather, it is what happens when a relationship breaks down. There is no specific legal definition of “separation” but it does require a physical separation coupled with recognition by at least one of the spouses that the relationship is at an end.

In contrast to a separation, a divorce is a longer, oftentimes more complex and costly route. Spouses in most circumstances must wait at least one year from the date that they separate until they can apply for a Divorce Order. If children are involved, the courts are highly unlikely to grant the divorce unless they are satisfied that the children’s rights are considered first and foremost. Please refer to our article on Parenting Plans for further information on this.   

If you are someone who wants advice about divorce or legal separation, Pathway Legal is here to help. 

The whole team at Pathway Legal has your back. We will guide you and your changing family’s circumstances to the new beginning you deserve.