Top 5 Differences Between a Separation Agreement and a Divorce Order
Are you thinking about separating from or divorcing your partner? The process of ending a relationship is not an easy one. Here are a few of the most commonly asked questions regarding separation and divorce in BC.
What Is a Legal Separation Agreement?
A legal separation agreement is a legally binding contract between a couple that covers issues such as parenting, child and spousal support, and property and debt division. Separation agreements are considered a faster and less costly way to settle these issues without going to court.
What Is a Divorce Order?
In Canada, divorce is the only legal procedure for ending a marriage. To be divorced, you need a divorce order under the Divorce Act. In BC, only the Supreme Court can grant this order. This is true even if you and your spouse agree on family law issues.
What Is the Divorce Rate in Canada?
Are you thinking about divorce? You are not alone. Every year, thousands of couples in BC file for divorce. According to Statistics Canada, more than 40% of Canadian marriages end in divorce, with the average marriage lasting 13.7 years.
What Is the Difference Between a Divorce Order and a Separation Agreement in BC?
The end of a relationship is difficult. We’ve cleared up some of the most common misconceptions between separation and divorce as well as separation agreements and divorce orders.
1. You can be separated and still married.
A separation occurs when two people who have been living together as a married or common-law couple decide to live apart (this can be true even if you are still living in the same home).
Married spouses can try to reconcile by living together for up to 90 days during the one-year period of separation without compromising their separated status. Divorce is the legal procedure for ending a marriage.
2. A separation agreement settles family law issues.
A separation agreement is a written and signed document that records how a couple has agreed to settle their family law issues. It is a legal contract and can be enforced by the court.
Separation agreements are an excellent way to save time and money while avoiding confusion post-separation.
3. You must show marriage breakdown to get a divorce order.
To get a divorce, you must prove marriage breakdown in one of three ways: you must have been living separately from your spouse for at least one year, or you must provide evidence of adultery or cruelty.
4. There is no such thing as legal separation.
In BC, married and common-law couples do not need to see a judge or lawyer to separate. However, it’s important to be clear on your date of separation because it can affect your rights to division of property, debt, and support.
5. You do not need a separation agreement to get divorced.
However, if you have children, the court will want to see evidence that reasonable financial arrangements have been made to ensure their safety and wellbeing. Having a separation agreement can also be helpful by expediting the divorce process.
Professional Legal Services for Separation or Divorce
Do you need advice from a BC lawyer with respect to the specific circumstances of your separation or divorce? We can help. Get in touch with England Lam Family Law to book your initial consultation today.
