What Is the Difference Between a Separation and a Divorce?

FAQs

What Is the Difference Between a Separation and a Divorce?

In British Columbia, separation and divorce are distinct legal concepts related to the end of a relationship. While separation involves living apart and dealing with issues such as property division, child custody, and support, divorce is a formal legal process that ends a marriage under the Divorce Act.

Key Differences Between Separation and Divorce

Aspect Separation Divorce
Marital Status
  • You remain legally married, even if you live apart.
  • Applies to both married and common-law partners.
  • Legally ends a marriage.
  • Allows both partners to remarry.
Legal Requirements
  • No formal legal steps required.
  • Separation occurs when partners live apart with the intent to end the relationship.
  • Can occur while living under the same roof if living separate lives.
  • Requires a court application for a divorce order.
  • Typically granted after one year of separation.
  • Other grounds include adultery or cruelty.
Applies to Common-Law Couples
  • Applies to both married and common-law couples.
  • In BC, common-law status is recognized after living together for 2 years or having a child together.
  • Only applies to legally married couples.
Legal Agreements
  • Often involves a separation agreement covering:
    • Division of property
    • Parenting arrangements
    • Child and spousal support
  • Legally binding and enforceable in court.
  • A divorce order legally ends the marriage.
  • May address property division, parenting, and support if unresolved through separation.
Emotional and Practical Considerations
  • Often the first step toward divorce but can be temporary.
  • Allows financial and parenting arrangements to be settled without ending the marriage.
  • Finalizes the end of the marriage and cannot be undone.
  • Provides emotional closure and financial independence.

Steps Involved in Each Process

1. Separation

  • Decide to Separate: Begin living apart physically or emotionally with the intent to end the relationship.
  • Address Key Issues: Create a separation agreement to resolve issues like finances, parenting, and support.
  • File for Legal Assistance (if needed): In high-conflict situations, you may need court orders for temporary child custody or financial support.

2. Divorce

  • Meet Eligibility Requirements: Be separated for at least one year or prove adultery or cruelty.
  • File a Divorce Application: Submit the application to the BC Supreme Court.
  • Address Outstanding Issues: Resolve property division, child custody, and support if not already settled.

3. Obtain a Divorce Order

Once the court grants the order, your divorce is final after a 31-day waiting period.

Example in a Vancouver Context

A couple in Vancouver separates after 10 years of marriage. They create a separation agreement covering parenting time and property division while remaining legally married. After a year of living apart, they file for divorce to formally end their marriage. The separation agreement simplifies the divorce process by resolving major issues in advance.

Benefits of Each Option

Separation

  • Allows time to decide if divorce is the right step.
  • Can provide financial and parenting arrangements without ending the marriage.

Divorce

  • Provides finality and allows for remarriage.
  • Legally ends all marital obligations.

Seek Legal Assistance

If you’re considering separation or divorce, Mills Family Law, experienced Vancouver family lawyers, can provide guidance tailored to your situation. We’ll help you navigate the legal and emotional complexities of ending a relationship while protecting your rights. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

For more details, refer to the Divorce Act or the Family Law Act of BC.

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