Spouses, although living separate and apart for many years, remain married until such time as the Marriage is terminated by the Supreme Court of British Columbia with a Final Order for Divorce.
Is Divorce a necessary step?
Divorce is necessary only if one party intends to remarry, or if one party is looking for "closure". Spouses may continue to live 'separate and apart' indefinitely, provided that they understand the legal consequences of remaining married.
If you chose to file for Divorce, you may do so at any time once the decision is made to leave the marriage. Divorce can be filed as a Sole Claim or a Joint Claim, and you do not need a Separation Agreement in order to file for divorce.
You will need an original Certificate of Marriage and one spouse must be a resident of British Columbia for a period of 1 year or more.
All forms for the Divorce Application are available as free downloads at http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm
Not all families need a Separation Agreement upon the breakup of the relationship. A Separation Agreement is a comprehensive document best suited for families with extensive assets and/ or debts, children and parenting time arrangements, or spousal support schedules. In some cases, it may be best to execute a Parenting Agreement or Spousal Support Agreement only.
Divorce Coaching for Couples
Deer Lake Law Group will work with couples who have agreed on all issues to draft an Agreement from the instructions provided by both spouses.
Divorce Coaching ensures that both spouses understand their legal rights and responsibilities, but the Divorce Coach / Family Lawyer is unable to provide Independent Legal Advice to either party.
Parties should consult with their lawyer for Independent Legal Advice prior to entering into an Agreement.
Vancouver Lawyer & Notary Public Law Office, Deer Lake Law Group, Vancouver Lawyer Antonio Simoes specializing in Family Law, Separation, Divorce, Child Support, Child Custody, Marriage, Common-law, Prenuptial Agreement, Settlement, Litigation and Mediation Law Services settling court disputes with winning results.