Frequently Asked Question

General Question

Frequently Asked Question

Yes. If you've been living in BC for at least one year and you're still living in BC, you can apply for a sole or joint undefended divorce in BC Supreme Court.

No, it doesn't count as being married. The law doesn’t see you as married unless you've gone through a legally recognized marriage ceremony in either BC or somewhere else. But if you've lived together as a couple for two years, you're considered spouses and you'll have a lot of the same rights under BC provincial law as a married couple has.

When it comes to spousal support, the courts will treat you like a married couple if you lived together for at least two years, or if you lived together for less than two years but you have a child together. See Spousal support to find out more about this.

Children are entitled to be supported by their parents if they're under 19, or if they're 19 or over but can't support themselves because of illness, disability, or some other reason, such as going to school full-time. That means that sometimes parents who're separated or divorced must still financially support their children even after those children are legally adults (at age 19).

Child support is based on the child support guidelines. These are a set of tables and rules that courts must use to decide on how much child support a payor has to pay.

The Divorce Act says you can get a divorce act under one of three grounds:

  1. intentional separation for more than one year
  2. adultery
  3. physical or mental cruelty

When it comes to dividing property and debts, couples who've lived together in a marriage-like relationship.

This means you equally share all the property you got during your relationship. If you buy a house while you live together, the house is considered family property, no matter whose name is registered on the title.

If either of you bought property before you moved in together, you share the increase in value of the property since you started living together. (So, if the property increased in value by $100,000 during the time you lived together, you'd get $50,000 each.)

Still Have Questions?

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