Separation & Divorce Lawyers

 

We advise married spouses on divorce and help both married and common-law couples navigate separation, parenting, support, and property issues with clear, practical guidance.

Family Law Services
Separation & Divorce

Serving Vancouver and Langley

Are you thinking about divorcing or separating from your partner? We can help you navigate your rights and obligations regarding property division, spousal support, child support, co-parenting and parenting time, and more in Vancouver, Langley, and across the Lower Mainland.

Separation & Divorce

Separation & Divorce Lawyers in Vancouver and Langley

Separation and divorce can involve important decisions about parenting, support, and property. We advise married spouses on divorce and help both married and common-law couples address the legal and financial issues that often arise when a relationship comes to an end.

When Separation Begins

In Canada, most couples apply for divorce after living separate and apart for at least one year. Separation itself does not require a formal court order. It can take effect when one party decides to permanently end the relationship, even if that decision is not mutual. In some cases, spouses may also be considered separated while continuing to live under the same roof.

Why the Separation Date Matters

The date of separation can have an important effect on issues such as family property and debt division. It can also become a point of disagreement between spouses, particularly where finances and parenting arrangements are involved. Understanding the legal significance of that date early in the process can help you make more informed decisions.

Parenting, Support, and Property Issues

If children are involved, it is often important to address parenting arrangements and child support before applying for divorce. Many family law matters are resolved once the key issues have been worked through, including support, parenting, and property division.

Frequently asked questions about Separation & Divorce
Separation & Divorce

Frequently Asked Questions

There is no legal separation in BC. A couple is separated when at least one spouse decides to end the relationship permanently, communicates this intention to the other spouse, and then acts as though they are no longer in a relationship. This often means that one person will leave the home, but not always.

The date of separation determines a spouse’s entitlement to property and obligation to pay debts. For common-law couples, the date of separation determines the amount of time that they have to file a claim for spousal support and property division.

Yes. In fact, it is very common for spouses to continue living together for a period of time after separation out of financial necessity. Whether or not a couple is separated depends on a constellation of factors, however, if one spouse has decided that they wish to end the relationship permanently, has communicated this to the other spouse, and then lived in a way that is consistent with their stated intentions, then they will be considered separated even if they are living in the same home. As an example, this could mean sleeping in different rooms, not socializing together with friends, not sharing accounts, and not depending on each other for emotional support.

In BC, divorce is granted on three grounds: the spouses have lived separate and apart for at least one year, mental or physical cruelty, or adultery. Most divorces are granted on the basis of the parties have been separate and apart for one year. In Canada, divorce proceedings are always considered on a no-fault basis, meaning that the ground of divorce relied upon will have no bearing on the court's consideration of property division, child or spousal support.

The court is required by law to ensure that reasonable arrangements have been made for any children of the relationship, and this usually requires a written separation agreement containing a child support arrangement that aligns with the amount set out in the Federal Child Support Guidelines as determined by one or both incomes.

Get in Touch

Separation and divorce can bring a great deal of uncertainty, especially when children, finances, and major decisions are involved. At England & Lam Family Law, we provide clear, practical guidance to help clients in Vancouver and Langley understand their options and move forward with confidence. Whether you are considering separation, responding to a divorce application, or working through parenting, support, or property issues, our team is here to help.

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