What Is the Difference Between Separation and Divorce in British Columbia?
This answer covers the law of British Columbia.
No, separating from your spouse does not make you divorced. You can separate without any court step, but you must have a divorce order if you want to remarry.
A divorce is a court process. Only the Supreme Court of British Columbia can grant one, and it does so if the marriage has broken down and the other legal requirements are met. You can apply at any time after separating, but on the separation ground the court will not grant a divorce until you have been separated for at least one year. Before granting it, the court must also be satisfied that reasonable arrangements have been made for any children of the marriage, including child support.
Even after a divorce order is made, it does not take effect right away. A divorce takes effect on the thirty-first day after the judgment is rendered, and you cannot remarry until that period has passed. The court may order an earlier date in special circumstances if the spouses agree not to appeal or any appeal has been abandoned. If you are unsure whether you need a divorce order, a lawyer can confirm what applies to you.
Key takeaways
- You can separate without any court step, but you must have a divorce order if you want to remarry.
- Only the Supreme Court of British Columbia can grant a divorce.
- On the separation ground, the court will not grant a divorce until you have been separated for at least one year, although you can apply at any time after separating.
- A divorce takes effect on the thirty-first day after the judgment is rendered, and you cannot remarry until that period has passed.