common law Separation Under British Columbia Family Law - Zukerman Law

Looking At Separation Under British Columbia Family Law

British Columbia couples who may be seeking a divorce may be interested in some information about separation. Because separation is distinct from divorce, there are certain factors that need to be taken into account in order for it to be valid.

Under British Columbia law, a married or common law couple can separate without the need for any legal processes. If one of the two people wishes to separate and begin to live apart, this is considered a separation. Generally, separation does not require the permission of the other spouse, and in some cases, the separated couple can still live under the same roof. They must not act like a couple, however. This means that they should not share a room or do certain activities together.

Many couples who are just separating have separation agreements drafted. These documents cover various issues having to do with their new situation and can include parenting time, spousal support and how to deal with marital property. Separation agreements can help the separated couple avoid trouble regarding money and family disputes during their separation. Unlike a divorce order, these agreements do not require going to court.

The processes of separation and divorce can be difficult to understand without the assistance of a lawyer. The lawyer may be able to explain the issues that a person will face and help them handle the issues as they occur. Preparation may include drafting separation agreements, parenting plans and other documents that outline a former couple’s future obligations to each other. The lawyer may also be helpful in representing the person in court or in negotiations with their former partner.


Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.