What counts as being separated in BC?

You are considered separated when you and your spouse no longer live together as a couple. Physical separation is not required—you can be considered separated while living under the same roof, provided you lead separate lives (e.g., sleeping in separate bedrooms, not sharing meals or finances). No formal agreement is required to establish separation, though having a separation agreement can help resolve practical issues.

Are there exceptions to the one-year separation requirement?

Yes, there are two exceptions to the one-year separation requirement: 1) Adultery - you can file immediately if your spouse has committed adultery, provided you haven't condoned the behavior, and 2) Cruelty - you can file without waiting if your spouse has subjected you to physical or mental cruelty that makes continuing the marriage intolerable.

What happens if we try to reconcile during the separation period?

You can attempt to reconcile during the separation period for up to 90 days without restarting the separation period. If the reconciliation attempt fails, the separation period resumes where it left off. This allows couples to work on their relationship without penalty if reconciliation isn't successful.

How Long Must I Be Separated Before Filing for Divorce?

FAQs

How Long Do I Need to Be Separated Before I Can File for Divorce in BC?

In British Columbia, you need to be separated for at least one year before you can file for a divorce under the Divorce Act. This one-year separation period is the most common ground for divorce and allows couples to demonstrate that the marriage has broken down irretrievably.

Key Points About the One-Year Separation Rule

1. Living Apart

You are considered separated when you and your spouse no longer live together as a couple.
Physical separation is not required—you can be considered separated while living under the same roof, provided you lead separate lives (e.g., sleeping in separate bedrooms, not sharing meals or finances).

2. No Formal Agreement Required

There is no need to sign a legal agreement to establish separation, although having a separation agreement can help resolve issues like property division, support, and parenting arrangements.

3. Intermittent Reconciliation

You can attempt to reconcile during the separation period for up to 90 days. If reconciliation fails, the separation period resumes without restarting the clock.

Exceptions to the One-Year Separation Rule

Adultery

You can file for divorce immediately if your spouse has committed adultery, provided you are not seen as condoning the behavior.

Cruelty

You can file for divorce without waiting one year if your spouse has subjected you to physical or mental cruelty that makes continuing the marriage intolerable.

Example in a Vancouver Context

A couple in Vancouver separates in January and agrees to divide their assets. They live in separate homes and finalize a separation agreement in March. By the following January, they meet the one-year separation requirement and file for divorce. If they had briefly reconciled in August for two months, their separation period would still qualify.

Filing for Divorce After One Year

Resolve Key Issues

Before filing for divorce, address property division, child custody, and support through a separation agreement or court order.

File the Divorce Application

Submit a joint divorce application (if both parties agree) or an individual application to the BC Supreme Court.

Uncontested Divorce

If all issues are resolved, you can file for an uncontested divorce, which is faster and less expensive.

Contested Divorce

If there are unresolved disputes, the divorce process may involve court hearings, prolonging the timeline.

Seek Legal Assistance

If you’re navigating separation or preparing to file for divorce, Mills Family Law, experienced Vancouver family lawyers, can provide expert guidance. We’ll help you understand your rights, resolve issues efficiently, and ensure a smooth divorce process. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

For more information, refer to the Divorce Act or consult a family lawyer for personalized advice.

FAQ