Overview
Understanding Divorce in British Columbia
Divorce in Canada is governed by the federal Divorce Act. To obtain a divorce, you or your spouse must have been living in BC for at least one year before starting the proceeding. The only ground for divorce is breakdown of the marriage, which is typically established by living separate and apart for at least one year, though adultery and cruelty are also grounds.
The one-year separation period does not prevent you from resolving other issues like property division, support, and parenting arrangements. In fact, many couples reach agreement on all issues during the separation year and then apply for a simple 'desk order' divorce once the year is complete. This avoids the need for a court appearance.
Contested divorces occur when spouses cannot agree on one or more issues. These may require court applications, case conferences, and potentially a trial. Even in contested cases, most matters settle before trial through negotiation, mediation, or judicial intervention at settlement conferences.
Our Vancouver divorce lawyers guide clients through all aspects of the divorce process, from filing to final order. Whether your divorce is straightforward or complex, we provide practical advice and effective representation to help you move forward with your life.
Our Divorce Services
- Uncontested (Desk Order) Divorces
- Contested Divorce Proceedings
- Joint Divorce Applications
- Divorce with Corollary Relief
- Foreign Divorce Recognition
- Annulment Applications
- Emergency Divorce Applications
- Variation of Divorce Orders
- Enforcement of Divorce Orders
- Divorce Certificate Requests
The Divorce Process
Separation
The one-year separation period begins when you and your spouse start living separate and apart with at least one having the intention to end the marriage.
Resolve issues
During separation, work on resolving property, support, and parenting issues through negotiation, mediation, or court process.
File application
After the separation period, we file a Notice of Family Claim for divorce. If the divorce is uncontested, we prepare affidavit materials for a desk order.
Process & hearings
For contested divorces, the process includes responses, case conferences, and potentially trial. Desk orders are reviewed by a judge in chambers.
Divorce order
The judge grants the divorce order. It takes effect 31 days after being made (unless special circumstances warrant an earlier effective date).
Frequently Asked Questions
How long does a divorce take in BC?
The minimum time for a divorce is approximately 4-5 months after the one-year separation period is complete—this is for an uncontested desk order divorce where all issues are resolved. Contested divorces can take 1-3 years or more depending on the complexity and court availability. Most divorces are completed within 18 months of separation.
Do I need to go to court to get divorced?
Not necessarily. If your divorce is uncontested (you and your spouse agree on all issues or there are no issues to resolve), you can apply for a 'desk order' divorce. The judge reviews your application in chambers without you being present. If there are contested issues, you may need to attend court for case conferences, applications, or trial.
Can I get divorced if my spouse won't agree?
Yes. In Canada, you do not need your spouse's consent to divorce. If your spouse does not respond to your divorce application, you can proceed without them. If they contest issues like property or support, those matters will need to be resolved through court, but the divorce itself will still be granted after the separation period.
What is the difference between separation and divorce?
Separation is when you and your spouse begin living separate and apart with the intention to end the marriage. You can resolve all legal issues (property, support, parenting) while separated. Divorce is the legal termination of the marriage by court order, after which you can remarry. Many people remain separated without divorcing, but you must be divorced to remarry.
What happens to our property when we divorce?
Property division is governed by BC's Family Law Act, not the federal Divorce Act. Generally, family property is divided equally between spouses. The divorce itself does not automatically divide property—you must reach an agreement or obtain a court order for property division. It is advisable to resolve property issues before or at the same time as the divorce.