Q: I was not married. How do I legally separate in BC?

Under BC's Family Law Act , unmarried couples who live together in a marriage-like relationship are considered common-law after two years. A "marriage-like relationship" is when two people live together as if they were married, having a committed relationship like a marriage. When an unmarried couple separates, each spouse has the same legal rights and responsibilities as married couples, including property division and support. See " What are the key legal issues for separation and divorce? " You do not need to file papers to be ‘separated.’ Simply living apart with the intention to end the relationship is enough. See Family Law in BC for more information on Going Through Separation . Is you have questions about separating, Ask JES.

Question 1

What is family law?

Accepted Answer

Family law deals with a range of legal issues that arise when families break down or change. Family law deals with:

separation
divorce
child custody
parenting time
child support
spousal support
property division
family violence
protection orders
adoption
marriage

In BC, family law is mainly governed by the BC Family Law Act and the federal Divorce Act.

JES publishes three websites to help individuals deal with the legal and emotional realities of family law issues.

Family Law in BC: This is the primary website in BC to help people deal with family law issues. The site provides a series of guides to help people move through the legal steps of separation and divorce. It includes practical tools like a separation agreement builder, parenting plan information and resources to calculate child support. In addition, this website provides an AI Chatbot that provides on-demand answers to your family law questions, based on legally reviewed information from the website.
HowToSeparate.ca: This website provides helpful information to support people going through separation or divorce. The site includes sections on Working it Out, Separating Finances and Going to Court.
FamiliesChange.ca: This national website provides age appropriate information for parents, teens and kids to help them deal with a family break up. It does not address legal issues. It focuses on problem solving, communication and making decisions in the best interests of the children.

Each year, Ask JES responds to thousands of family law questions. If you have legal questions about your situation, connect with Ask JES.

Question 2

Is there free help to separate or divorce in BC?

Accepted Answer

In BC, free family law help is available from:

Ask JES: Each year, Ask JES responds to thousands of family law questions. If you have legal questions about separation, divorce or family violence, connect with Ask JES.

Legal Aid BC: Provides family duty counsel lawyers at many courthouses and family advice lawyers for issues involving children or violence for income qualified individuals through Legal Aid.

Family Justice Centres and Justice Access Centres: The BC government offers free mediation for separating couples, as well as legal information and referrals.

Family Law in BC: Is the primary family law website in BC. It provides plain language information and guides and practical tools on separation, divorce, and family violence.

Rise Women’s Legal Centre: Rise is a community legal centre providing accessible legal services to self-identified women and gender-diverse people in British Columbia since 2016. Rise’s programs and services are aimed at providing limited legal services to economically disadvantaged clients, who are self-representing in their family law matters in BC.

If you have children, you should take the Parenting After Separation course or Parenting After Separation for Indigenous Families. This course is mandatory for BC Provincial Court cases. It provides useful information and resources to parents.

Question 3

How do I get a divorce in BC?

Accepted Answer

If you're married, you need to get a divorce order to end your marriage legally.

To get a divorce in BC, you must file a Notice of Family Claim (F3) or Notice of Joint Family Claim (F1) in the BC Supreme Court. You can download the court forms you'll need. There is also an online tool to file a Joint Divorce in BC. Learn more about divorce requirements.

Getting a divorce does not mean you will have a trial. More than half of all separations and divorces in BC are settled without going to trial. If you and your former spouse can agree on terms of the separation, you can get a “desk order” divorce with no trial.

To complete a Separation Agreement and move forward with your divorce, see the step-by-step guides at Family Law in BC. Also see “Is there free help to separate or divorce in BC?” and “Making an agreement after you separate”.

Use Ask JES to get answers to your family law questions.

Question 4

How do I get an uncontested divorce in BC?

Accepted Answer

If you're married and you want a divorce, you need to get a divorce order to end your marriage legally.

In BC, an uncontested divorce (sometimes called a “desk order divorce”) is when both spouses agree on all the issues, such as parenting, support, and property division. Because there’s no dispute, you don’t have to go to court for a trial — a judge reviews the documents you file with the court and if everything is complete, grants the divorce order.

To start, see the Family Law in BC guides to Do Your Own Uncontested Divorce. You need to have a signed Separation Agreement (see the Separation Agreement guide on Family Law in BC), file court forms in BC Supreme Court, and wait for the court decision.

More than half of all separations and divorces in BC are settled without going to trial. Your divorce order can be final in three or four months, and can cost less than $500.

If you need assistance, Ask JES answers family law questions. You can also visit a Family Justice Centre to get helpful information or mediation. See “Is there free help to separate or divorce in BC?”.

Question 5

I was not married. How do I legally separate in BC?

Accepted Answer

Under BC's Family Law Act, unmarried couples who live together in a marriage-like relationship are considered common-law after two years. A "marriage-like relationship" is when two people live together as if they were married, having a committed relationship like a marriage.

When an unmarried couple separates, each spouse has the same legal rights and responsibilities as married couples, including property division and support. See "What are the key legal issues for separation and divorce?"

You do not need to file papers to be ‘separated.’ Simply living apart with the intention to end the relationship is enough. See Family Law in BC for more information on Going Through Separation.

Is you have questions about separating, Ask JES.

Question 6

What is a separation date?

Accepted Answer

The date of separation is important in family law. There are limitation periods that can be affected by the date of separation. For example, a criteria for divorce is that you have been living separate and apart for at least one year. Under the Family Law Act, you have two years from the date of separation to make a claim for spousal support or property division.

Your date of separation is the date you began living separate and apart from your partner. You can still live in the same house and be living separate and apart. If you do continue to live in the same house, you should establish a specific separation date.

If you are unsure about your date of separation, you should speak to a lawyer. You can have a free 15-minute consultation with a lawyer through the BC Lawyer Referral Service. Also see "Is there free help to separate or divorce in BC?".

For more information about issues related to separation and divorce, see the Family Law in BC website. To help your family deal with separation and divorce visit FamiliesChange.ca.

Each year, Ask JES responds to thousands of family law questions. Use Ask JES to get answers to your questions.

Question 7

Which BC court to get a separation or divorce?

Accepted Answer

In British Columbia, both the Provincial Court and Supreme Court hear family law cases. The BC Provincial Court is sometimes called Family Court because it is generally easier and less costly for people to deal with family law issues in this court. For this reason, whenever possible, it is good to settle whatever issues you can in BC Provincial Court and then to only use BC Supreme Court as necessary.

Only the BC Supreme Court can make orders for divorce and property division. The Supreme Court can make orders under the Canadian Divorce Act and the BC Family Law Act. The Provincial Court can only make orders under the BC Family Law Act.

For more information about which BC court to use for family law issues and the differences between the courts, see Family Law in BC. If you need help to learn more about your legal rights and options to separate or divorce, visit a Family Justice Centre or Ask JES your family law questions.

Question 8

What are the key legal issues for separation and divorce?

Accepted Answer

For separation and divorce, the key legal issues include:

parenting arrangements,
child support,
spousal support, and
division of family property and debt.

See the Family Law in BC website for information, guides and practical tools to help you deal with a family break up.

People are encouraged to try to resolve their family law issues outside of court through negotiation, mediation, or other forms of dispute resolution. The BC government provides Family Justice Centres throughout the province which provide free help and mediation to address separation/divorce issues.

If the issues can’t be resolved outside of court, people may end up in either the Provincial Court or Supreme Court of British Columbia. See "Is there free help to separate or divorce in BC?".

If you have family law questions, Ask JES.

Question 9

How do I calculate child support?

Accepted Answer

The law says that parents have to look after their children financially, even if one parent doesn't see or take care of the children. See Child Support on Family Law in BC.

In BC, child support is usually calculated using the Federal Child Support Guidelines. The amount depends mainly on:

The paying parent’s gross annual income (before taxes).
The number of children being supported.
The province or territory where the paying parent lives.

You don’t have to figure it out on your own. There are free online tools:

Sometimes extra costs (like daycare, medical expenses, or school fees) are shared between parents. These are called special or extraordinary expenses. If you’re not sure about income amounts or special expenses, you may want legal help or mediation. See “Is there free help to separate or divorce in BC?”.

If you already pay or receive child support, the BC Child Support Recalculation Service (CSRS) is a free program that reviews child support orders and written agreements. It recalculates (works out again) the amount of child support a paying parent must pay every year based on updated income information.

If you have questions related to child support, Ask JES.

Question 10

Who gets the child tax benefit?

Accepted Answer

The Canadian Child Benefit (CCB) is a tax-free monthly payment to eligible families to help with the cost of raising children under 18 years of age. The person who is primarily responsible for the care and upbringing of the child should apply for the CCB.

When two partners reside in the same home as the child, the female partner is presumed to be primarily responsible. If this is not true, the other parent can apply for the CCB by providing a letter from the female parent stating who is primarily responsible for the care and upbringing of the child. When parents separate, the mother will continue to receive the CCB unless or until a change is made. Learn more about the Canadian Child Benefit.

Question 11

What is family violence?

Accepted Answer

Family violence is any form of violent or abusive behaviour that happens during a relationship (including married, common law, or dating) or after a relationship ends. It may be done to either spouse or the children. It is not just limited to physical or sexual violence and may also include intimidation, mental or emotional abuse, financial exploitation, threats, stalking, harassment and hurting or threatening to hurt pets.

If you are in immediate danger, call 911. Police decide whether or not to make an arrest when they are called to investigate a situation involving domestic violence. They have the authority to detain and hold individuals.

If you or your family is in danger, you can apply for a protection order. A protection order is a court order made by a judge to help protect one person from another. You can apply for a protection order through criminal court (Peace Bond – which can be made against anyone, even if you have only dated) or through family court (Family Law Protection Order - which can be made against family members) or both. For more information, see “How do I get a protection order?” or see the Family Law in BC section on Abuse and Family Violence.

If you or someone you know is a victim of domestic violence, you can learn more about your options from the BC Government publication Help Starts Here or through VictimLinkBC.

Question 12

How do I get a protection order in BC?

Accepted Answer

A protection order is a court order to help keep you and your children safe from family violence. It can place limits on another person, such as not contacting you, staying away from your home or workplace, or not possessing weapons. Breaking a protection order is a crime.

How to get a protection order in BC:

Decide where to apply – You can apply in either Provincial Court or Supreme Court. Most people apply in Provincial Court because the process is simpler and free.
Fill out the forms – Use the Application for a Family Law Protection Order form. Court staff or duty counsel can help you complete it.
File your application – Take your forms to a Provincial Court registry.
Go to the hearing – A judge will review your application. In urgent cases, the order can be made the same day, even without notifying the other person.

Learn more:

A person who fears violence may be able to get another type of protection order under the Criminal Code called a s. 810 order and should discuss their situation with police. See Criminal Code protection orders.

Family Law

What is family law?

Is there free help to separate or divorce in BC?

How do I get a divorce in BC?

How do I get an uncontested divorce in BC?

I was not married. How do I legally separate in BC?

What is a separation date?

Which BC court to get a separation or divorce?

What are the key legal issues for separation and divorce?

How do I calculate child support?

Who gets the child tax benefit?

What is family violence?

How do I get a protection order in BC?

Others found these helpful...

Family Law

What is family law?

Is there free help to separate or divorce in BC?

How do I get a divorce in BC?

How do I get an uncontested divorce in BC?

I was not married. How do I legally separate in BC?

What is a separation date?

Which BC court to get a separation or divorce?

What are the key legal issues for separation and divorce?

How do I calculate child support?

Who gets the child tax benefit?

What is family violence?

How do I get a protection order in BC?

Others found these helpful...