Separation and divorce inBritish Columbia.

Property division

The Family Law Act divides family property and family debt equally, with excluded property (pre-relationship assets, gifts and inheritances) kept by the owner but growth in its value during the relationship shared. Applies to married spouses and to unmarried partners who lived together for two years.

Child and spousal support

Federal Child Support Guidelines for married parents; the Family Law Act adopts the same tables for unmarried parents. Child support recalculation is available through the Child Support Recalculation Service in some registries. Divorce is federal under the Divorce Act: one year living separate and apart (or adultery or cruelty). Child support for divorcing parents follows the Federal Child Support Guidelines; spousal support is guided by the Spousal Support Advisory Guidelines.

Filing for divorce

Divorce is filed in the Supreme Court using a Notice of Family Claim (Form F3) or Notice of Joint Family Claim (Form F1). The filing fee is $200 plus the $10 federal registration fee, and the final desk-order divorce requisition is $80, roughly $290 in total; the filing fee is waived where a Certificate of Mediation is filed. A no-fee order is available for financial hardship under Rule 20-5. The free Online Divorce Assistant prepares joint divorce forms. Family Justice Counsellors provide free help with parenting and support in Provincial Court.

Pensions

Pension division follows Part 6 of the Family Law Act; the non-member spouse can receive a share of the pension or a transfer.

Deadlines

Property and spousal support claims by spouses must be started within two years of divorce or, for unmarried spouses, two years of separation.

Enforcement and legal aid

Support is enforced by the Family Maintenance Enforcement Program (FMEP). Support orders and filed agreements can be registered with the provincial maintenance enforcement program, which collects through wage garnishment, licence suspension and federal interception. Legal aid: Legal Aid BC.

How is property divided in a British Columbia divorce?

The Family Law Act divides family property and family debt equally, with excluded property (pre-relationship assets, gifts and inheritances) kept by the owner but growth in its value during the relationship shared. Applies to married spouses and to unmarried partners who lived together for two years.

How do I file for divorce in British Columbia?

Divorce is filed in the Supreme Court using a Notice of Family Claim (Form F3) or Notice of Joint Family Claim (Form F1). The filing fee is $200 plus the $10 federal registration fee, and the final desk-order divorce requisition is $80, roughly $290 in total; the filing fee is waived where a Certificate of Mediation is filed. A no-fee order is available for financial hardship under Rule 20-5. The free Online Divorce Assistant prepares joint divorce forms. Family Justice Counsellors provide free help with parenting and support in Provincial Court. File in the Supreme Court of British Columbia (divorce and property) and Provincial Court (parenting and support for unmarried parents).

When does child support end in British Columbia?

Child support usually continues until the child reaches the age of majority, which is 19 in British Columbia. Under the Divorce Act it can continue past that age if the child cannot become independent because of illness, disability or another cause, and courts often treat reasonable full-time post-secondary studies as such a cause.

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What happens to property when unmarried couples separate in British Columbia?

In British Columbia, the Family Law Act's property division rules apply to unmarried couples who have lived together in a marriage-like relationship for at least two years, so they generally share property acquired during the relationship (but not property brought into it). Unmarried spouses must apply to divide property within two years of the date they separated, and couples can opt out with a written agreement.

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How long do you need to live in British Columbia to file for divorce?

You or your spouse must have lived in British Columbia for 12 months before applying for divorce and still live there when you apply. Divorces are handled by the Supreme Court of British Columbia.

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