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Information & Legal Help
For Separation in B.C.
About Separation & Divorce in British Columbia, Canada
Every year in British Columbia, thousands of couples decide not to live together anymore. The process of ending a relationship is not an easy one, and it takes time to fully recover from a separation regardless of who initiated it.
In this emotional and difficult time, couples who are separating have to be careful in making major decisions that could have a lasting effect on their future lives. Separating from your partner means you no longer share a life together.
You don't have to face a complex relationship separation alone.
Get an experienced DDLaw mediator to help you get through it with confidence.
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Mohit and Uphar are life savers, they saved me and all 5 of my children. Hard workers and caring people who really paid attention to what matters.
Mohit and Uphar are life savers, they saved me and all 5 of my children. Hard workers and caring people who really paid attention to what matters.
Uphar is a fantastic lawyer. She is compassionate, competent and has incredible character. Family law matters can be extremely complex and emotional…
…and I find that Uphar has the ability to provide you with exceptional guidance and solid advice that will help you find the right path. She is incredibly thorough, responsive and diligent. She truly cares about her clients and the work that she does. Uphar practices law wholeheartedly and this is what makes her so special. I would highly recommend Uphar and her team for any family law matters that you may have.”
Compassionate, competent counsel who put their clients first. Highly recommended.
**5 Stars for Uphar Dhaliwal – A True Legal Champion!**
If you’re looking for a superhero in the legal realm, look no further than Uphar Dhaliwal! During one of the most stressful periods of my life, when I desperately needed more time with my daughter, Uphar and her dedicated staff were nothing short of miraculous. They not only alleviated my anxiety but also fought valiantly on my behalf. Uphar single-handedly took on two opposing lawyers, showcasing her prowess and commitment. She is truly the Wonder Woman of law! “In Uphar, I trust” is not just a phrase—it’s the reality of her impeccable service and results. If you ever find yourself in a legal bind, remember to call Uphar on the double!
What is a legal separation in BC?
When two people who have been living together in a marriage, or a marriage-like relationship (sometimes called a common-law relationship), decide not to live together any more, they are separated. There is no such thing as a “legal” separation. If you are living apart, you are separated.
If you want to separate from your spouse and live without them, you don’t need to:
- ask your spouse’s permission
- see a lawyer
- sign any documents
- go to court
After you’ve separated:
- you might still live in the same house as your spouse to save money, but
- you’ll usually be treated as separated if you don’t share things like meals, a bedroom, and social activities.
How long do you have to be separated in BC before you can get a divorce?
You must be separated for one year before you can get a divorce in BC. You can apply to the court for a divorce any time after you separate – the court will not grant a divorce until you have been separated for at least one year.
Do you need a separation agreement before divorce in BC?
You don’t need to sign a document or go to court to separate. If you’re married or in a common-law relationship, the law says you’ve separated:
- as soon as you and your spouse start living apart, and
- at least one of you wants to end your relationship.
But if you’re married, separation is only the first step!
The only way to legally end your marriage in BC is by getting a divorce order from a judge. To get a divorce in BC, you have to apply to the Supreme Court.
The court will give you a divorce if you or your spouse has lived in BC for at least one year and you can show that your marriage has broken down.
Should you get a separation agreement?
It all depends on your situation. Do you have assets you want to protect? Perhaps you need some legal assurance in addition to your former partner’s promises. Whatever the case may be, it’s always a good idea to get legal advice and help before you write your agreement, and before you sign it. A good family law lawyer like Uphar Dhaliwal can help you understand your legal rights and responsibilities before you make your agreement final.
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