Separation & Divorce Lawyer Vancouver

Are you thinking about divorcing or separating from your partner? We can help you navigate your rights and obligations regarding asset division, spousal and child support, co-parenting and parenting time, and more.

Separation & Divorce Lawyer Vancouver

There are three grounds for divorce in Canada, however, most couples apply on the basis of having lived separate and apart for one year. In Canada, we have "no-fault divorce,” meaning that the reason that the relationship came to an end is not taken into consideration by the court when considering issues of support and property division.


There is no formal document or order required to affect a separation. All that is required is the stated intention of one party to permanently end the relationship. The decision does not need to be mutual. A couple can be separated and living separately under the same roof. 


Entitlement to property and the value of that property is often tied to the date of separation. The date of separation is often a point of contention between spouses. Generally speaking, each spouse becomes entitled to half of all family property and family debt as at the date of separation. Any property or debt acquired by a spouse after the date of separation is their sole property.


If you have children, you should make written arrangements that conform to the Child Support Guidelines before you apply for a divorce. Most divorces are granted on an uncontested basis after most of the related issues are resolved, including support and property division.

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Divorce & Separation Form

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Separation & Divorce Lawyer

Frequently Asked Questions

  • How do I affect a legal separation?

    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.

  • How do I get a divorce?

    Most divorces proceed on an uncontested basis and are obtained by way of a "desk order divorce." The party seeking the desk order divorce will submit certain required forms, affidavits, and documents showing that they meet all of the criteria for a divorce. It is technically possible to contest a divorce, but if the court is satisfied that all of the grounds for divorce are met, the order will be granted over the other party's objections.  We offer a flat-fee arrangement for desk order divorce applications. 

  • When can I get a divorce?

    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.

  • Can I get a divorce without a separation agreement?

    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.

  • Can I be separated when I still live with my spouse?

    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.

  • Why is my separation date important?

    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.